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filing where you do not live

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M

moniet

Guest
What is the name of your state?

texas

my husband is filing for divorce in california, where we used to live 3 years ago. can he do this? i belive he is doing it because it's a no fault state. he commited adultry.
 


H

hopelessinCA

Guest
I believe, if he is filing in CA, he has to be currently living there and for a specified amount of time. I believe the divorcenet website has the grounds for each state.
 
H

hopelessinCA

Guest
I just checked the texas grounds and they have fault grounds. Among them, abandonment, adultery, mental cruelty and others. The residency requirements for each state vary from none to 1 year . if you think he will file first, then you should try to file there in Texas before he does.

Question is.. where is he living and for how long?
 
C

cyana

Guest
"Hopeless" is correct

To file for divorce in CA he must have resided there for at least six months and be a current resident. He must also have resided in one particular *county* for the previous three months. That he used to live in CA three years ago "ain't gonna fly". You, however, can choose the "no fault" route or the "fault" route with adultery as "grounds" but is up to you whether or not you want to spend the extra money for a fault divorce. I don't know anything about how you "prove" adultery in TX.

Good luck though.
 
M

moniet

Guest
hopelessinCA said:
I just checked the texas grounds and they have fault grounds. Among them, abandonment, adultery, mental cruelty and others. The residency requirements for each state vary from none to 1 year . if you think he will file first, then you should try to file there in Texas before he does.

Question is.. where is he living and for how long?
He is living here in Texas and brought he new girlfriend with him since Sept. 2002.
 
C

cyana

Guest
Then he can't file in CA. But if he does file a "bogus" divorce case FIRST in CA, you or your lawyer will have to waste precious time in filing your "Answer" asserting that he does not live in CA. File first in TX - either no fault or fault - your choice.
 

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