I filed for divorce in California and got custody already settled. Unfortunately, she wasn't served with the dissolution portion of the divorce. I sent her that paperwork and she said she never signed for it. She says she will file for divorce in texas to change custody and get the upper hand. Can she file for divorce in texas while we have a case already open in California? .
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divorce
- Thread Starter ohlsondt
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Proserpina
Moderator
When you say she wasn't served, what do you actually mean? Where there documents she hadn't seen before? Additions?
She was orginally served with custody papers, because I had an emergency hearing, trying to keep the kids in California. The papers served was missing an FL-110 and FL-120 which I believe were the papers for the dissolution of the Marriage.The documents she had for custody have become an order in this care. I did have my sister reserve her withthose papers yet she said she never got them. I have the postal service greeen card with a signiture saying it was delivered. It has her name signed but does not look like her regular signiture.
army judge
Super Moderator
Your spouse will face a few obstacles if an attempt to file a divorce in Texas is made.
To file for divorce in Texas, one spouse must have been a resident of the state for at least six months prior to filing, and must have resided in the county where the petition for divorce is filed for the prior 90 days.
For the court to exercise personal jurisdiction over a non-resident Respondent the couple's last marital residence must have been in Texas, and the suit must be filed before the second anniversary of the date on which marital residence ended.
If one spouse has resided in Texas for the past six months and the other spouse lives in a different state or country, the spouse residing outside of Texas is permitted to file for divorce in the county in which the other spouse lives.
So, I suggest you speak to a CA licensed divorce attorney ASAP.
From what you've posted, there appears to be a mess being brewed.
Get yourself REAL legal help via a licensed CA attorney to get the mess cleaned up.
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