Husband stationed in Texas...wife in Illinois

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

How does one get a divorce in this situation? If you were married in Texas, do you have to divorce in Texas? Husband says that is the only way. There is a baby involved...it is a big mess. Help!

pkb50 said:

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

How does one get a divorce in this situation? If you were married in Texas, do you have to divorce in Texas? Husband says that is the only way. There is a baby involved...it is a big mess. Help!

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you said dad is stationed in Texas. mom in Illinios.

as far as military concerned, what is dad's home state?

who moved?

pkb50 said:

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

How does one get a divorce in this situation? If you were married in Texas, do you have to divorce in Texas? Husband says that is the only way. There is a baby involved...it is a big mess. Help!

Click to expand...

No, that is untrue. If you and the baby have been in IL for at least six months, and/or the baby was born in IL, then you could certainly file there and IL would have jurisdiction of child custody matters.

If you and the baby have not been in IL for at least six months, then TX would have jurisdiction if your husband files there before the six months are up.

After six months, either of you could file in the state you reside in, but only IL would have any jurisdiction over child custody matters.

Dad is from Illinois...got stationed in Illinois. She went to Texas to visit...got married...stayed in Texas until he left for Iraq. Wife moved back to Illinois with parents...wife still in Illinois. Husband went to Iraq for 15 mos. is back in Texas...he wants a divorce. While he was gone the baby was born. He has seen this baby 1 mo. of its 10 age. Wife has lived in Illinois for 19 years...less the 3 mos in Texas.

pkb50 said:

Dad is from Illinois...got stationed in Illinois. She went to Texas to visit...got married...stayed in Texas until he left for Iraq. Wife moved back to Illinois with parents...wife still in Illinois. Husband went to Iraq for 15 mos. is back in Texas...he wants a divorce. While he was gone the baby was born. He has seen this baby 1 mo. of its 10 age.

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did you mean 10 months?

sorry...yes...baby is 10 mos. old....

pkb50 said:

sorry...yes...baby is 10 mos. old....

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so, who are you? mom? friend of mom?

mom can file in IL.

this is the mother of the wife. My daughter.

pkb50 said:

this is the mother of the wife. My daughter.

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tell daughter to head down to the courthouse. maybe not this week, since the holidays, but she can defintely file.

...he is trying to tell her that she has to come there to sign papers...that it will take 6-10 mos. to get the divorce. He is really playing some mind games. I have family that live in Texas that are attorneys...would it be in her best interest to have them look at her papers? Like have them served to them as an representative agent?

pkb50 said:

...he is trying to tell her that she has to come there to sign papers...that it will take 6-10 mos. to get the divorce. He is really playing some mind games. I have family that live in Texas that are attorneys...would it be in her best interest to have them look at her papers? Like have them served to them as an representative agent?

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No, absolutely not. Your daughter needs to file for divorce in IL ASAP. IL is the only state that has jurisdiction of child custody and your daughter needs to file in IL. She needs to ignore any paperwork done by dad unless she is properly served.

The families members in TX that are attorneys can be held in reserved to file to dismiss any TX divorce he files based on the fact that IL has jurisdiction of child custody, or that she filed first in IL. That is why its critical that she do it immediately and serve him immediately.

pkb50 said:

...he is trying to tell her that she has to come there to sign papers...that it will take 6-10 mos. to get the divorce. He is really playing some mind games. I have family that live in Texas that are attorneys...would it be in her best interest to have them look at her papers? Like have them served to them as an representative agent?

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Texas will not have jurisdiction over the child since the child is an IL resident.

Has she been officially served with divorce papers? If not, she needs to get to the court house in IL and file right away.

If she was already served with TX papers, it will get more complicated - she either needs to get the venue changed or else deal with the divorce in TX and then custody in IL.