Two states...help!

What is the name of your state? Texas...I think I'm still a residence of Massachusetts.

Past history: my husband had an affair once after our first child was born in Massachusetts...we reconcile our marriage after moving to Texas and lived there for a year. We moved back to MA and had our second child. I have family in Texas and his family is in MA.

Recently: He opened his mouth that he wanted to move to Texas...I got excited and decided to move there first with the kids. I moved on May 17th...got my drivers license changed at the beginning of June and moved into our house (after the tenants moved out). Our plans was for me to get a full time job and insurance before he quits his job. As the time went on, I have noticed that he has changed and can't tell if he had an affair but there are clues. I was working a part-time job which hardly helps child care and bills here. Now, he wants to take the kids up to MA (without me) and I'm getting paranoid that he will take them away. I getting ready to get a private investigator. I need to know the laws of when you become a residence of Texas and if I'm still a residence of Massachusetts? If I were to file a legal separation, do I do it in MA? I hear that Texas is easy on divorce. I just want to know what my rights are... Please help.

Amy

Two States

I'm not an atty but am in a similar situation - 2 states, Tx and CA. From what I've learned from this site and others, if your assets are mainly in MA, TX courts will not have jurisdiction over them. I had to wait until my husband filed in CA to be able to fight for my assets/pension plan rights that are with my husband in CA. It's not easy and you'll need the help from a MA atty. Not sure about residency in TX. If you have a TX DL and own a residence here, that might qualify as residency. Call the TX court system in your area and find out. There's lots of attys at this site that hopefully will read your situation and help you. Don't let your child go back without you!!! Don't be surprised if he accuses you of abandonment. Good luck.

In many cases

before filing for divorce, you must be a resident of your current state for 6mos (looks like you are almost there)

I believe I am understanding that your children are with you?? If so, the 6mos would play into the correct jurisdiction for the custody of the children. SO, hire an atty TODAY, and have him file for divorce on Nov 17th.

Let me sort this out for you

Let me try to clarify this for you because the two states have different laws which may play a significant role depending upon your intentions.

You have to reside in a particular state for 6 months to become a resident of that state. If you haven't been in TX for 6 months, you can still file for divorce in MA. Understand that TX does NOT grant legal seperations, so if you're simply going for that in order to sort things out or whatever, then you will not get a legal seperation in TX, you must file for that in MA immediately while you're still a resident of that state. If and when you're ready to get a full divorce, you can file in TX sometime down the line after you have gained residency.

Thank you all very much for the information... The kids are with me. I am going to read on the internet on legal separation in MA to find out what I can or can't do. I rather get a legal separation in MA and later file divorce in Tx if I'm ready for that.

Amy