yes you do
You continue with the divorce proceeding. A spouse who refuses to sign the divorce papers can delay the proceedings by making it take longer but they cannot prevent the divorce.
If a person is truly a common law spouse, you would need to file for divorce. However, many people are unclear about what a common law spouse really is. A live in significant other is not necessarily a common law spouse. Check your specific state laws for more information.
No. There is no law stating that you have to live apart from your spouse to file for a divorce. :)
Yes, adultery is considered a ground for divorce in Texas, but it is not a criminal offense.
It depends on the law of your state. In Texas, all property is presumed to be community property, unless you can show by clear and convincing evidence that it is separate. An inheritance is separate property. A spouse cannot be divested of separate property in a divorce. (It can be tapped to pay child support, however.)
Even if you are living a separate life from your wife for four years , you will have to give her the money to live. Even if it is Texas state. So it is always better to get a divorce as soon as possible, with all the details in black and white.
Yes. A judge decides whether or not a divorce will be granted, a spouse does not. The fact that your spouse will not sign a piece of paper has no bearing on the issue. The fact that your spouse has retained a lawyer has nothing to do with it. The lawyer represents your spouse's interests. The lawyer is there to take you to the cleaners.
Yes, common law marriages in Texas require a legal divorce to be dissolved.
Ask your attorney about suing your husband for divorce "in absentia).
Yes is the strict answer, but in a divorce the gloves come off and the strict terms of the Texas Family Code come into play, even if some property is in one name. The law states: "Each spouse has the sole management, control, and disposition of that spouse's separate property. Except as otherwise stated in the Texas Family Code, a spouse's separate property consists of: (1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during marriage by gift, devise, or descent; and (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage. Community property consists of the property, other than separate property, acquired by either spouse during marriage. Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The degree of proof necessary to establish that property is separate property is clear and convincing evidence." -From Sections 3.001 through 3.101 of the Texas Family Code.
To file in Texas, one of you must have lived in Texas for the last 6 months, and in the county where it's filed for at least 90 days before the Petition was filed. So, if you live in California but your spouse is in Texas, you can file where your spouse lives.
The couple would file for divorce where they reside.