Legal Question in Family Law in California
Agreed seperation - he's in CA, I'm in TX, where do we file?
My husband and I have worked out an agreeable seperation document. I am employed in TX now and have the children with me (16 & 19). We are selling the house in CA and he is trying to get transfered back to TX to be closer to the children. We transfered out to CA for my job 11 months ago from TX. Where do we file the seperation agreement?
3 Answers from Attorneys
Re: Agreed seperation - he's in CA, I'm in TX, where do we file?
The practicle answer is that you should file in California as you will get alimony and better child support. If you check with a Califonria lawyer and you would be better off filing in Texas then file here as you have not abandoned your Texas residency given your intent to return.
If you are in the Sacramento area I can help as well as if you live in the Austi/ San Antonio area
Re: Agreed seperation - he's in CA, I'm in TX, where do we file?
TX has no such animal as legal separation. You can file for divorce and obtain temporary orders for child support, visitation, and property division in district court.
Re: Agreed seperation - he's in CA, I'm in TX, where do we file?
As Texas does not have "legal seperation", then there is no place to file.
Once you have lived in Texas 6 months, then you can file for divorce here. You must have also lived in the same county for 3 months. The children should have also lived with you here in Texas. This presumes that you abandoned your texas residency when you left to go to CA. so as to require you to re-establish residency in TX.
Good luck and let me know if I can help.
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