You can file for a divorce now, and I suggest that you do so now.  The longer you wait, the longer you wait, the more it will appear to the court that it was not "that big of a deal."  For right now, you cannot take his name off the title to the house (that is done via a final hearing), but you can seek to have him physically removed from the house with a protective order, a temporary restraining order, or temporary orders.  Generally, you have to wait 60 days before a divorce is granted.  However, because there has been domestic violence, you are able to ask the court to grant a divorce in under 60 days.You are not required under Texas law to have an attorney for this process.  However, because this involves your safety and the safety of your children, I strongly recommend that you obtain an attorney.  If you cannot afford an attorney, seek legal aid, church groups, and local attorney bar programs to obtain low or free representation.