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state rulings

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Russ1

Guest
If a state rules it has jurisdiction in a case and another court of the same equal rules they DO NOT have jurisdicion. Under the US Constitution can this be done by another state? I had a Texas court rule on my divorce and a year later a Utah court ruled they didn't have jurisdiction to rule since my wife never lived there. The reason I filed for divorce was her case defaulted after a year, so Texas ruled they did had jurisdiction to rule on the divorce. I now am appealing the ruling in Utah........am I wasting my time? Or was the constitution overlooked here.
 


I AM ALWAYS LIABLE

Senior Member
Russ1 said:
If a state rules it has jurisdiction in a case and another court of the same equal rules they DO NOT have jurisdicion. Under the US Constitution can this be done by another state? I had a Texas court rule on my divorce and a year later a Utah court ruled they didn't have jurisdiction to rule since my wife never lived there. The reason I filed for divorce was her case defaulted after a year, so Texas ruled they did had jurisdiction to rule on the divorce. I now am appealing the ruling in Utah........am I wasting my time? Or was the constitution overlooked here.
My response:

I must presume there was a child involved in this divorce. Texas has jurisdiction because that's where the child now resides and has satisfied the residency requirements of Texas. However, if there was no child involved, and if the original orders were made in Texas, and she never satisfied the residency laws of Utah, then when one of the parties is still within the jurisdiction of the ordering court (Texas), then that court retains jurisdiction.

You are wasting your time to appeal the Utah ruling.

IAAL
 
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Russ1

Guest
My wife now in Utah never lived in Texas. And yes there was a child involved but that's not the issue here I've always payed child support. My concern here is the alimony she was awarded a year later. Why can one state rule there was no alimony and another state ruled there is? Who is to judge the Texas courts were wrong in ruling no alimony? Amother Court?

Our country has established laws now that only legal attorneys can interpet the law and the intent of the law. I guess if you have enough money you can take judgements to another leval and let them interpet the law the way they understand it. I've gotten a lot of different opinions on the case, that leads me to beleive NO one is really sure what the law really says.
 

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