Divorce in Tx, Wife files Alimony in NC

[StumpedTexan]

What is the name of your state (only U.S. law)? TX

Brief History.
We were married in NC 06/2008, moved to TX 08/2008. Moved back to NC 08/2011. Separated 12/2012, with me returning to TX.

I have filed for divorce in TX 07/2013.

She immediately filed for equitable distribution, post separation support, and alimony in NC.
NC law says you cannot file for divorce until you have lived separate and apart for one year, which has not occurred yet.

There really is no marital property to be divided.

Isnt Alimony tied to the divorce proceedings, and doesnt that have to be heard in TX since that is where the divorce is filed?
And since she can not legally file for Divorce in NC, how can she file a claim for Alimony?

My TX attorney is not sure, and now I have to get an NC attorney to respond to those filings.

Need as much info and direction I can get.

 

[AnonUserName]

What is the name of your state (only U.S. law)? TX

Brief History.
We were married in NC 06/2008, moved to TX 08/2008. Moved back to NC 08/2011. Separated 12/2012, with me returning to TX.

I have filed for divorce in TX 07/2013.

She immediately filed for equitable distribution, post separation support, and alimony in NC.
NC law says you cannot file for divorce until you have lived separate and apart for one year, which has not occurred yet.

There really is no marital property to be divided.

Isnt Alimony tied to the divorce proceedings, and doesnt that have to be heard in TX since that is where the divorce is filed?
And since she can not legally file for Divorce in NC, how can she file a claim for Alimony?

My TX attorney is not sure, and now I have to get an NC attorney to respond to those filings.

Need as much info and direction I can get.

What statute in NC is she using? When did she file in NC and has she responded to the divorce complaint in TX?

 

[single317dad]

What is the name of your state (only U.S. law)? TX

Brief History.
We were married in NC 06/2008, moved to TX 08/2008. Moved back to NC 08/2011. Separated 12/2012, with me returning to TX.

I have filed for divorce in TX 07/2013.

She immediately filed for equitable distribution, post separation support, and alimony in NC.
NC law says you cannot file for divorce until you have lived separate and apart for one year, which has not occurred yet.

There really is no marital property to be divided.

Isnt Alimony tied to the divorce proceedings, and doesnt that have to be heard in TX since that is where the divorce is filed?
And since she can not legally file for Divorce in NC, how can she file a claim for Alimony?

My TX attorney is not sure, and now I have to get an NC attorney to respond to those filings.

Need as much info and direction I can get.

I'd move to dismiss the NC case based on lack of personal jurisdiction and citing the pending TX case.

Info:

http://durhamfamilylawgroup.com/family-marital-law/alimony-and-post-separation-support/

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-16.2A.html

 

[Ohiogal]

I'd move to dismiss the NC case based on lack of personal jurisdiction and citing the pending TX case.

Info:

http://durhamfamilylawgroup.com/family-marital-law/alimony-and-post-separation-support/

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-16.2A.html

Actually under the facts presented, NC would have personal jurisdiction over OP if he was properly served, HOWEVER there is the issue of divorce already being filed in TX and therefore NC can't proceed on divorce or have jurisdiction over any property due to TX having personal jurisdiction over wife if she was properly served.

 

[StumpedTexan]

More details

Initially TX attny sent a request for waiver of service with TX Divorce complaint. Once a copy of the NC alimony complaint was mailed to my TX attorney, a formal service was handled by the Sheriff.
I have no knowledge of a reply (if any) she may have filed with the TX court, from that service.

I have received nothing formal on the NC complaint other than a copy of the complaint via scanned email from my TX attny. Since time was running out, I contracted a NC attny who has filed an extension of time on the NC complaint, and we are preparing an answer, just in case.

I own a rental home in NC, I guess that gives NC personal jurisdiction over me.
I am not sure if TX has personal jurisdition over the wife. She has no ties to the state, after we left in 2011.

Does proper service by the NC Sheriff then give TX personal jurisdiction, since she was properly served?

The only other straw I can grasp at would be doing business in the state**************
I pay insurance premiums for her BCBS of TX, as well as vision and dental. She has used the insurance and filed claims.
I also was sending some money via check at the beginning of the year.
I have paid some of her medical bills thru an HSA setup thru the company I work for.
I have been making car payments and paying insurance on a car she is driving.
The home owners insurance on her house is charged to my CC and paid each month from my TX bank account.

Not sure if any of that qualifies.

I am not unwilling to help, I am just unwilling to be taken to the cleaners.

Thanks for all your input

 

[StumpedTexan]

Correction to TX Service

The NC complaint was mailed to my residence in TX certified mail.
I, however was out of state, and another party (a relative) signed for the letter.

My TX attny emailed a scanned image of the copy he received.
Upon return to TX, the letter was waiting for me.

 

[Ohiogal]

The NC complaint was mailed to my residence in TX certified mail.
I, however was out of state, and another party (a relative) signed for the letter.

My TX attny emailed a scanned image of the copy he received.
Upon return to TX, the letter was waiting for me.

So you were served. It was mailed by certified mail to your residence.

 

[tuffbrk]

So you were served. It was mailed by certified mail to your residence.

OG - I'm confused (no surprise!!). If they haven't been separate and apart for a year is she still able to file in NC?
As he filed first in Texas and she didn't file until after receipt, would that influence which court has jurisdiction?

Any clarification would be appreciated.

 

[LdiJ]

OG - I'm confused (no surprise!!). If they haven't been separate and apart for a year is she still able to file in NC?
As he filed first in Texas and she didn't file until after receipt, would that influence which court has jurisdiction?

Any clarification would be appreciated.

She didn't file for divorce, she only filed to establish alimony.

 

[tuffbrk]

She didn't file for divorce, she only filed to establish alimony.

Thanks for the response, LdiJ!