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Tarrant co Texas filing procedure Q's

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skidaddle

Junior Member
What is the name of your state (only U.S. law)? Texas

I live in Pennsylvania with my son, have all his life. My stbx moved to TX over two years ago with the intent of us moving there, but he met someone else...yadda yadda.

He filed for divorce in TX - now I know that TX doesn't hold jurisdiction because our son lives in PA, and he isn't asking for custody of him, he hasn't even asked to see him. So I'm filing a motion to dismiss for lack of jurisdiction, and filing here in PA.

My questions are as follows:

Do I have to also include an order of Dismissal for the judge to sign, or does the court handle that themselves?

Should I also include an affidavit stating the fact that my son lives with me in PA and has never resided (or for that matter visited) TX.

Can someone double check for me the exact statute I would cite regarding the jurisdiction issue? I think it is 155.201 - but I'm not completely sure.

Thank you for your time!
 
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LdiJ

LdiJ

Senior Member
skidaddle said:
What is the name of your state (only U.S. law)? Texas

I live in Pennsylvania with my son, have all his life. My stbx moved to TX over two years ago with the intent of us moving there, but he met someone else...yadda yadda.

He filed for divorce in TX - now I know that TX doesn't hold jurisdiction because our son lives in PA, and he isn't asking for custody of him, he hasn't even asked to see him. So I'm filing a motion to dismiss for lack of jurisdiction, and filing here in PA.

My questions are as follows:

Do I have to also include an order of Dismissal for the judge to sign, or does the court handle that themselves?

Should I also include an affidavit stating the fact that my son lives with me in PA and has never resided (or for that matter visited) TX.

Can someone double check for me the exact statute I would cite regarding the jurisdiction issue? I think it is 155.201 - but I'm not completely sure.

Thank you for your time!
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I am confused. Your husband CAN file for divorce in TX, but TX does not have jurisdiction to decide matters regarding the child. You stated that he is not asking for custody, therefore how can you file to dismiss based on the fact that TX does not have jurisdiction regarding the child? What am I missing or what are you not explaining clearly?
 
S

skidaddle

Junior Member
clarification.

Sorry, I wasn't clear - my fault. I meant he wasn't asking for physical custody of him - as if he wants the child moved from PA to TX. I'm aware he can file for divorce there, but I'm asking it to be dismissed and the entire process brought to PA. I don't see the point of the divorce happening in TX and a whole other case regarding our son here.

He mentions our son in his papers, asks for joint conservatorship - nothing further than that, nothing about child support, nothing about visitation.

"petitioner & respondent on final hearing should be appointed joint managing conservators, with all rights & duties of a parent conservator" is the exact verbiage.
 
S

skidaddle

Junior Member
If it matters at all - we have nothing other than our son together anymore. I live in an apartment, so does he - his name is not on the new lease, we have seperate bank accounts...it's an easy divorce other than the fact since he hasn't really been in touch with his son in all this time I'd like visitation to be here at least for a while...I don't want my son traveling down to TX to spend time with his dad until he is comfortable doing so. I think they call it reunification or something of the like...once he shows real interest and consistency, then I have no problems with our son traveling to visit.
 
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mistoffolees

Senior Member
skidaddle said:
What is the name of your state (only U.S. law)? Texas

I live in Pennsylvania with my son, have all his life. My stbx moved to TX over two years ago with the intent of us moving there, but he met someone else...yadda yadda.

He filed for divorce in TX - now I know that TX doesn't hold jurisdiction because our son lives in PA, and he isn't asking for custody of him, he hasn't even asked to see him. So I'm filing a motion to dismiss for lack of jurisdiction, and filing here in PA.

My questions are as follows:

Do I have to also include an order of Dismissal for the judge to sign, or does the court handle that themselves?

Should I also include an affidavit stating the fact that my son lives with me in PA and has never resided (or for that matter visited) TX.

Can someone double check for me the exact statute I would cite regarding the jurisdiction issue? I think it is 155.201 - but I'm not completely sure.

Thank you for your time!
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I think you should sit down with an attorney and talk this through.

Since stbx isn't asking for custody nor would TX have jurisdiction, what do you have to lose by letting him file in TX? You should probably hire an attorney in TX to make sure you don't get cheated and that child support (and alimony, if applicable) are properly assigned and you get whatever property you should get, but there's a good chance your best option would be to let it go through there - since there's no chance of losing custody in a TX divorce.

If the TX attorney sees things going astray, then you can file for it to be dropped in TX for jurisdictional issues.

If you force the jurisdictional issues and then re-file in PA, it's going to cost you more money. The only advantage would be that the custody issue would be clear - but this could backfire. If you cause the TX suit to be dismissed and file in PA, it could anger him enough that he WOULD fight for custody. You would probably win, but it could be very expensive.

See an attorney with your specifics.
 
LdiJ

LdiJ

Senior Member
skidaddle said:
If it matters at all - we have nothing other than our son together anymore. I live in an apartment, so does he - his name is not on the new lease, we have seperate bank accounts...it's an easy divorce other than the fact since he hasn't really been in touch with his son in all this time I'd like visitation to be here at least for a while...I don't want my son traveling down to TX to spend time with his dad until he is comfortable doing so. I think they call it reunification or something of the like...once he shows real interest and consistency, then I have no problems with our son traveling to visit.
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You aren't going to get the divorce itself dismissed unless dad agrees to dismiss the case and allow you to file in PA instead.

What you need to do (unless of course you can get dad to agree to dismiss the case on the basis that it will save both of you money to handle all matters in PA) is to respond to his suit and state that TX has no subject jurisdiction over matters regarding the child as neither you nor the child have ever been residents of TX....and therefore you object to TX assuming jurisdiction over any matters regarding the child.

At that point the judge will just address the divorce, and will not address matters regarding the child.

Or...if dad has sent you paperwork to sign so that the divorce can be uncontested, you refuse to sign until the paperwork is revised to state that there is a child of the marriage, but that TX does not have jurisdiction over matters regarding the child.
 
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S

skidaddle

Junior Member
In all honesty, my reason for not wanting the divorce to be handled in TX is in most part due to being extremely pissed off.

Why should I have to travel to Texas to deal with the divorce if, by some slim chance things do go awry, just because he found a lover down there? I've never been there, have no reason to go & IMHO, shouldnt have to bear the expense. He doesn't help out at all, hasn't the whole time he's been gone, I can't afford an attorney in TX muchless the long distance calls to handle it.

I think he needs to bring his rear end up to PA to face his son (and me) regarding what he's done. His filing there is a way to avoid us completely.

I really don't think I'm eligible for spousal support and actually don't want it - I just want our son taken care of, that's all that matters.
 
M

mistoffolees

Senior Member
skidaddle said:
In all honesty, my reason for not wanting the divorce to be handled in TX is in most part due to being extremely pissed off.
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That's a really lousy reason to make decisions like this.

You don't have to go to TX. Find an attorney there to handle your case and there's not likely to be any reason for you to go. Since stbx is not asking for custody, you probably can't get it dismissed, anyway, so you'll be wasting even more money if you try.

Overall, your least expensive option is probably to proceed in TX. The only question I don't know the answer to involves child support. Since TX has no jurisdiction over the child, I'm not sure they can order child support unless the two of you agree to it. I think you can still file for child support in PA after the divorce is final in TX, though, but check with your attorney.
 
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mistoffolees

Senior Member
skidaddle said:
I can't AFFORD to hire an attorney. I have to do all of this myself. He filed pro se as well.
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If I ever need heart surgery, I think I'll take that approach. I can't afford a surgeon, so I'll do it myself.


Well, you have two options:

1. Go to TX to file for dismissal - which is unlikely because TX DOES have jurisdiction over the divorce. You can't file in PA for dismissal of a TX case, either. Oh, and as soon as he finds out that you're traveling to TX to handle it, you can count on him arranging for a few postponements so you have to make multiple trips.

or

2. Hire an attorney in TX. If there are no substantive matters to be addressed and custody is quickly taken off the table, it may not be anywhere near as expensive as a few trips there yourself.
 
S

skidaddle

Junior Member
Thanks for the sarcasm. I've been nothing but polite to you - why you had to come off like that is uncalled for.

I don't think you have to worry about heart surgery, doesn't sound as if you have one.

There are people out there, especially in this economy, who truly can not afford the help of an attorney, it is why people are allowed to file pro se and why, at least I thought, these types of forums exist. Thanks to him I live barely paycheck to paycheck. I can't go to TX, I can't get an attorney there - it is just 100% impossible to do - unless I want to take food out of my son's mouth for a month or two.

I THOUGHT these forums were, in part, to help pro se litigants navigate the murkey waters of the divorce legal process - not to be treated rudely and told to just get an attorney.

Thank you at the very least for the information the divorce itself may still end up in TX, that I really don't care about - I just want things regarding my son to be in the state he resides in - so that if there are any problems in the future I don't have to deal with anything out of state.

If anyone would like to confirm the statute I need to cite regarding the dismissal of at least that portion of his petition it would be appreciated.
 
P

Proserpina

Senior Member
skidaddle said:
Thanks for the sarcasm. I've been nothing but polite to you - why you had to come off like that is uncalled for.

I don't think you have to worry about heart surgery, doesn't sound as if you have one.

There are people out there, especially in this economy, who truly can not afford the help of an attorney, it is why people are allowed to file pro se and why, at least I thought, these types of forums exist. Thanks to him I live barely paycheck to paycheck. I can't go to TX, I can't get an attorney there - it is just 100% impossible to do - unless I want to take food out of my son's mouth for a month or two.

I THOUGHT these forums were, in part, to help pro se litigants navigate the murkey waters of the divorce legal process - not to be treated rudely and told to just get an attorney.

Thank you at the very least for the information the divorce itself may still end up in TX, that I really don't care about - I just want things regarding my son to be in the state he resides in - so that if there are any problems in the future I don't have to deal with anything out of state.

If anyone would like to confirm the statute I need to cite regarding the dismissal of at least that portion of his petition it would be appreciated.
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That's a comeback and a half..I might have to use that as a siggy line :eek:
 
M

mistoffolees

Senior Member
skidaddle said:
Thanks for the sarcasm. I've been nothing but polite to you - why you had to come off like that is uncalled for.

I don't think you have to worry about heart surgery, doesn't sound as if you have one.

There are people out there, especially in this economy, who truly can not afford the help of an attorney, it is why people are allowed to file pro se and why, at least I thought, these types of forums exist. Thanks to him I live barely paycheck to paycheck. I can't go to TX, I can't get an attorney there - it is just 100% impossible to do - unless I want to take food out of my son's mouth for a month or two.

I THOUGHT these forums were, in part, to help pro se litigants navigate the murkey waters of the divorce legal process - not to be treated rudely and told to just get an attorney.

Thank you at the very least for the information the divorce itself may still end up in TX, that I really don't care about - I just want things regarding my son to be in the state he resides in - so that if there are any problems in the future I don't have to deal with anything out of state.

If anyone would like to confirm the statute I need to cite regarding the dismissal of at least that portion of his petition it would be appreciated.
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What the heck is your problem?

You asked for advice. I gave it to you - don't try to handle a divorce in a different state without professional assistance. Then you started with the personal attacks.

Oh, and btw, there are legal services available for people who don't have money. And many attorneys will give you an initial consultation at no charge. Telling you to speak with an attorney is prudent advice, but if you're so arrogant that you're only going to take advice that you like, go ahead and mess it up. You'll be back here in 2 years whining about how your divorce got messed up because you didn't have an attorney.
 
LdiJ

LdiJ

Senior Member
skidaddle said:
In all honesty, my reason for not wanting the divorce to be handled in TX is in most part due to being extremely pissed off.

Why should I have to travel to Texas to deal with the divorce if, by some slim chance things do go awry, just because he found a lover down there? I've never been there, have no reason to go & IMHO, shouldnt have to bear the expense. He doesn't help out at all, hasn't the whole time he's been gone, I can't afford an attorney in TX muchless the long distance calls to handle it.

I think he needs to bring his rear end up to PA to face his son (and me) regarding what he's done. His filing there is a way to avoid us completely.

I really don't think I'm eligible for spousal support and actually don't want it - I just want our son taken care of, that's all that matters.
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Well, you can try to get the case dismissed based on the fact that TX doesn't have jurisdiction of you OR the child as neither of you have ever lived in TX. However, your stbx will probably end up getting the divorce anyway, and then you will still have to file for custody and child support in PA.

In fact, you could go ahead and file for divorce, custody and child support in PA, while still trying to fight TX having jurisdiction. Don't expect it to be easy however, without an attorney.
 
M

mistoffolees

Senior Member
LdiJ said:
Well, you can try to get the case dismissed based on the fact that TX doesn't have jurisdiction of you OR the child as neither of you have ever lived in TX. However, your stbx will probably end up getting the divorce anyway, and then you will still have to file for custody and child support in PA.

In fact, you could go ahead and file for divorce, custody and child support in PA, while still trying to fight TX having jurisdiction. Don't expect it to be easy however, without an attorney.
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Texas doesn't have to have jurisdiction of her in order to grant a divorce:
Residency Requirements

As long as her stbx has been in TX for 6 months and the county for 90 days, he can file for - and get - a divorce in TX.

TX won't have any jurisdiction over the child, so she can fight that (if he even tries), but she can't get the case dismissed in TX. If she files in PA, she's only going to increase her costs - because the divorce will proceed in TX and he will file to have the one dismissed in PA because there's already a case pending in TX.

One way or another, she's going to have to deal with the TX courts. Whether she wants to go there herself or pay an attorney to act on her behalf is her problem.
 
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