Legal Question in Family Law in Texas

Adultry/Relocation/Refile

My husband commited adultry while we were both living in Missouri. Our divorce was filed in Missouri, the attorney I have in Missouri is not seeking any compensation that I originally requested. I'm buried now in legal fees due to him filing bankruptcy and I was forced to file also. Can a new divorce be filed here in Texas and if so what about the other attorney fees? Can I make him responsible for what I have had to pay? Does he have to pay child support, my daughter just turned eighteen, but she is still in school.


Asked on 11/13/01, 8:54 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Adultry/Relocation/Refile

If the Missouri divorce is still pending, you cannot file anywhere else. The State of Missouri retains jurisdiction if the case is still active.

Based on my assumption that the case is still pending, then you look to Missouri laws for child support, etc.

FYI: Adultery is no longer a big deal in Harris County, Texas. It can be taken into account for property division but if you expect anything over a MAXIMUM of 60/40 split, (more likely a 55/45 split) you will be disappointed. Also, Texas does not order support after a child graduates from high school. Many other states provide for college education but Texas does NOT. It can be voluntarily agreed to by the parties, but a person cannot be forced to pay college expenses in Texas.

If the child is permanently disabled, however, that is different and support can continue after the age of 18. However, the case must be filed BEFORE the child turns 18.

Best of luck to you!

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Answered on 11/14/01, 12:05 am


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