Legal Question in Family Law in Texas

Re: Trying to get divorce finalized in Texas

Obtain copies of all documents filed in Texas, if any before proceeding, from the Clerk's office, before deciding how you will proceed. You may call the local Sheriff's office in Texas to acquire info concerning where the info and docs are located; then call there to find out how much and how you may acquire copies of filed docs, if any.

Good luck,

Phroska L. McAlister,Esq

Re: Trying to get divorce finalized in Texas

You need to find out if there is a judgment against you in Texas. If there is you will not be able to start from scratch in New York because New York is under obligation to recognize the Texas decision under the full, faith and credit clause of the U.S. Constitution. Before proceeding you need to know the status of the case in Texas. Hire a lawyer in Texas to find out, it should not be that expensive to simply get information.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Trying to get divorce finalized in Texas

I would recommend that you consult with a New York attorney. The attorney must be provided with all of the pertinent information before they can give you good advice. I do not know what the $2500 amount represents, but keep in mind that there will be costs associated with any action you bring in New York.

Re: Trying to get divorce finalized in Texas

I only practice law in Texas. I cannot address NY law.

I personally don't know any family law attorneys licensed in both TX and NY. Otherwise, I'd refer you to them.

If there is a case pending in Texas, then you need to get it finalized in Texas.

If the case has been dismissed for want of prosecution (aka DWOP) then you can file in NY.

If you have never lived in TX then TX can grant the divorce but they have no personal jurisdiction over you.

I have no idea why she wants $2,500.

If the divorce was filed in Harris County or a county close to Houston, I'd be glad to do the research for you for $200/hour.

If you were served and did not respond, then she could have done a default divorce against you.

A default divorce means that she could anything she wanted in the final decree of divorce since you had notice of the lawsuit (aka divorce) and you did not do anything.

If the case was filed in Harris County, Texas in 2003, it is either final now or it was dismissed. Harris County issues trial dates within one year of the filing of the first document.

If it's in Ft. Bend, it could still be pending.

I'm in a family law mediation class Friday - Sunday.

I'll be back in my office on Monday.

Fran Brochstein

713-847-6000

www.familylaw4u.com

Re: Trying to get divorce finalized in Texas

If she did obtain the divorce, the divorce decree will be available at the courthouse for a small copying charge. A Texas lawyer will know how to retrieve the decree from the courthouse, probably for a very small fee. Parenthetically, because you supported your wife during law school, you may have been entitled to a part of her career. I would suggest that you remind her of this fact and tell her that if she does not send the divorce decree to you, you may attempt to vacate it and assert your New York equitable distribution rights (you actually have little chance of vacating that decree).

If you need to discuss this matter further, you can arrange for a consultation by calling us at 212-267-7000.