Where to file for divorce?

I have been separated for 3 years now. We were married in Virginia and she still resides there. I have resided in Texas for the past year and a half. We have not filed for divorce yet. Can I file for divorce here in Texas???

[I AM ALWAYS LIABLE]

My response:

As long as you've met the residency requirement for both County and State, then yes.

IAAL

However, I believe your spouse can contest the jurisdiction of the Texas court over her, unless she has significant ties to that state.

If she agrees to the jurisdiction of the Texas court, then you're golden.

[I AM ALWAYS LIABLE]

My response:

Well, that's true. However, it's true for him also. Since he's been living in Texas for 1.5 years, he may no longer have any ties to the State of Virginia.

But, when it comes to divorce, jurisdiction goes to the State where one of the parties has filed. If, for example, the wife refuses to acknowledge Texas jurisdiction, that does not stop our writer from obtaining a valid, Texas, divorce.

However, if our writer has property to divide, or children, in the State of Virginia, then he'd better file in Virginia because not only are such items recognized as "significant continuing contact" with a State, but any other State would have no jurisdiction to deal with the child and / or property issues of the parties.

In essence, if there's property and / or children still in Virginia, then it would be a waste of time and money for our writer to file in Texas.

IAAL

Good answer, good answer.

[I AM ALWAYS LIABLE]

My response:

I'll take "Marriages that Hurt" for $400, Alex.

"She was known as the most makeup-covered "crying Televangelist" in the 1980's."

Who is Tammy Fae Bakkar ?

Right, go again . . .

IAAL

[LegalBeagle]

Originally posted by dorenephilpot
Good answer, good answer.

Decent, but not 'good’... you see,

1. It is not the 'State' of Virginia, but the 'Commonwealth' of Virginia.

2. Our poster can not obtain a 'valid, Texas, divorce' as that requires him to rope down his soon to be ex and hogg tie her to the nearest bar entrance. Since she is currently in Virginia, then he is going to have problems since Virginia has frowned upon this practice since 1878.

3. You can divide property, but it is not wise to do so with children. It makes an awful mess on the court room floor.

4. Although avoided by many, there is no doubt that there *is* 'property and / or children still in Virginia'. The question that should be posed, are any of them his?

Nice try though..



Oh, and it was 'Tammy Faye Bakker' depending on the state you were in, you might have got that wrong..



[Edited by LegalBeagle on 06-18-2001 at 08:12 PM]

Do you know what they discovered when they removed Tammy Faye Bakker's makeup?

(Drumroll, please....)

Jimmy Hoffa

(Bah-dum-pum)

[LegalBeagle]

I thought you said you were a morning person? Need more coffee?

There was a film made about her last year. I saw a promotional picture and she actually cleans up pretty well considering.

[I AM ALWAYS LIABLE]

Originally posted by dorenephilpot
Do you know what they discovered when they removed Tammy Faye Bakker's makeup?

(Drumroll, please....)

Jimmy Hoffa

(Bah-dum-pum)

My response:

Excellent ! Two thumbs up ! Very funny stuff !

IAAL

[I AM ALWAYS LIABLE]

My . . . (oh, who cares?)

You guys have just GOT to read this post:

[url]http://forum.freeadvice.com/showthread.php?postid=160377#post160377[/url]

I died laughing!

IAAL