Believe he filed in the wrong County?

[AngelaMiller]

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

Just a question I am hoping to get an answer to..

My husband and I have been married 7yrs. This September he decided to chose another woman over myself and our kids.. ( let me rephrase that my kids from a previous marriage.) We have lived in Bastrop County for over 5 yrs. In December he decides to file for the divorce ( as I refused to pay for it because he cheated) but did so in Travis county. Now mind you we have not lived in Travis county and before he filed for the divorce he moved to Houston with his new girl friend. It is now April and he will not return my calls in regard to the divorce and has not given me a date. I guess my question is this when it does go to court do a let the Judge know he filed in the wrong county? Also May I file in Bastrop County even though he has already filed?

What if anything can I do to get this done and over with??

 

[Silverplum]

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

Just a question I am hoping to get an answer to..

My husband and I have been married 7yrs. This September he decided to chose another woman over myself and our kids.. ( let me rephrase that my kids from a previous marriage.) We have lived in Bastrop County for over 5 yrs. In December he decides to file for the divorce ( as I refused to pay for it because he cheated) but did so in Travis county. Now mind you we have not lived in Travis county and before he filed for the divorce he moved to Houston with his new girl friend. It is now April and he will not return my calls in regard to the divorce and has not given me a date. I guess my question is this when it does go to court do a let the Judge know he filed in the wrong county? Also May I file in Bastrop County even though he has already filed?

What if anything can I do to get this done and over with??

One must reside for 90 days in a TX county to file for divorce there. I don't know how long he lived where.

If you wish to file yourself, you must file to dismiss his case first.

 

[LdiJ]

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

Just a question I am hoping to get an answer to..

My husband and I have been married 7yrs. This September he decided to chose another woman over myself and our kids.. ( let me rephrase that my kids from a previous marriage.) We have lived in Bastrop County for over 5 yrs. In December he decides to file for the divorce ( as I refused to pay for it because he cheated) but did so in Travis county. Now mind you we have not lived in Travis county and before he filed for the divorce he moved to Houston with his new girl friend. It is now April and he will not return my calls in regard to the divorce and has not given me a date. I guess my question is this when it does go to court do a let the Judge know he filed in the wrong county? Also May I file in Bastrop County even though he has already filed?

What if anything can I do to get this done and over with??

And...apparently you used your own name to create this account, so if he comes back here for advice using the previous account, he is going to know that you are asking questions. Not a smart move.

 

[latigo]

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

Just a question I am hoping to get an answer to..

My husband and I have been married 7yrs. This September he decided to chose another woman over myself and our kids.. ( let me rephrase that my kids from a previous marriage.) We have lived in Bastrop County for over 5 yrs. In December he decides to file for the divorce ( as I refused to pay for it because he cheated) but did so in Travis county. Now mind you we have not lived in Travis county and before he filed for the divorce he moved to Houston with his new girl friend. It is now April and he will not return my calls in regard to the divorce and has not given me a date. I guess my question is this when it does go to court do a let the Judge know he filed in the wrong county? Also May I file in Bastrop County even though he has already filed?

What if anything can I do to get this done and over with??

Just because the lawsuit was not filed in the county of you residence does not necessarily mean that it was filed in the wrong county!

If you wish to contest the husband's petition for any legal reason and wish to do so in the county of your residence rather than in Travis county, then you need to act quickly by filing and serving a timely motion and affidavit requesting change of venue either separately or along with you formal response to the petition. And do so in accordance with the Texas Civil Practice and Remedies Code.

Waiting "when it goes to court" will be too late.

 

[not2cleverRed]

And...apparently you used your own name to create this account, so if he comes back here for advice using the previous account, he is going to know that you are asking questions. Not a smart move.

Well, considering her first thread on this subject was created using an account they'd shared when things were going better...

Houston is in Harris County, so who knows why he filed in a county neither of them have been living in.

 

[AngelaMiller]

Actually LDIJ I did not use my real name....