British Citizens but divorce in Texas

[garyrams2005]

What is the name of your state? Texas

I am a British Citizen living in England and my British wife and two of my british children live in Texas. We have been seperated for over a year and legally she should have returned to Britain as she is on my E-Visa.

She is now filing for divorce in Texas but can she do that? She has no Social Security number, she is not supposed to be in the USA as the declaration she signed clearly states she has to return home when my work is complete.

Are there any rules that apply in this case?

We bought a house outright worth about $160,000 she wants me to sign over the house to her, as she doesn't want to upset the children. She now lives there with her new partner.

Lets start with the above...

Thanks

 

[seniorjudge]

texas divorce residency requirements

Google that.

Apparently, there is a six-month residency requirement (no citizenship required).

 

[Shay-Pari'e]

Let's start with, "When your work is complete"?.

 

[LdiJ]

What is the name of your state? Texas

I am a British Citizen living in England and my British wife and two of my british children live in Texas. We have been seperated for over a year and legally she should have returned to Britain as she is on my E-Visa.

She is now filing for divorce in Texas but can she do that? She has no Social Security number, she is not supposed to be in the USA as the declaration she signed clearly states she has to return home when my work is complete.

Are there any rules that apply in this case?

We bought a house outright worth about $160,000 she wants me to sign over the house to her, as she doesn't want to upset the children. She now lives there with her new partner.

Lets start with the above...

Thanks

Yes, she can file for divorce in Texas.

 

[garyrams2005]

Thanks

Thanks for your answer.

 

[xylene]

Report her overstay to the relevant US immigration authorities.

 

[Ohiogal]

Where were the children born?

 

[LdiJ]

Where were the children born?

That matters, but where the children have resided for the last two years is what matters under the Hague Convention.

 

[garyrams2005]

Children

The Children are British and have resided in Texas for over three years. I think you have all very kindly answered the basic question of if she can legally file for divorce in Texas, Yes obviously. So that is that sorted. I guess I now need to know how to defend myself now that I am living over here in the UK.

Thanks again to everyone who replied. I appreciate your time and goodwill

 

[Ohiogal]

That matters, but where the children have resided for the last two years is what matters under the Hague Convention.

That is NOT the reason why I was asking. I was asking because if the children were American Citizens as well as British then mom is not necessarily going to be returned to England regardless of her visa situation.

 

[sbringh]

UK People

Well, my ex wife is a British national in England somewhere and I'm here in Virginia.

Just curious why she is filing for divorce? Sorry that this is going on ....divorce is so ugly and terrible to go through...
Remember with God all things are possible.
Praying for you

 

[Zigner]

Just curious why she is filing for divorce

I imagine it's because she doesn't want to be married any more

 

[xylene]

I imagine it's because she doesn't want to be married any more

Well duh...

It does get to the broader issue of 'fault' under Texas divorce law.