Legal Question in Family Law in Texas

Re: Divorce in Texas while I live in NY

This is not a problem.

You have established residence in NYC and, if you want to sue her for divorce here, you can. I have out-of-state process servers that I use. It is not a complex problem.

Regarding NY as a state in which a cause for divorce is required (NY is not a 'no-fault' state), This is a requirement that is honored more in the breach. The standard in this situation is 'cruel and unusual' and something is then added to established a factual foundation. Again, the court does not look deeply into this issue.

Assets and 'marital property' may be an issue, but that is not a part of your question and is unlikely to come up in the actual case.

My fee is $750.00 for service and all documents. You are welcome to a consultation for no fee.

Re: Divorce in Texas while I live in NY

I am not familiar with the requirements in Texas.

You may be able to bring a divorce action in New York if you have sufficient ties to this state. There are a number of situations where New York courts would have jurisdiction. Among these--the parties were married in New York and either party has been a resident of NY for a period of at least one-year. There are several other situations where NY courts would have jurisdiction.

I recommend that you consult with an attorney to learn whether NY courts would have jurisdiction in your particular case.

Re: Divorce in Texas while I live in NY

Texas is a no-fault state. That means the pleadings just say that you don't get along and that there is no chance of reconciliation.

If you have minor children, then the divorce needs to be filed where the children live.

If you lived in Texas while you were married and your wife is still here, then you or her can file in Texas. You would file in the county that your wife lives in.

If that county is around Houston, Texas, then call me. We go to Galveston, Harris, Ft. Bend and some other small counties.

Good luck!

Fran Brochstein

www.familylaw4u.com

713-847-6000

Re: Divorce in Texas while I live in NY

You and your wife may file for divorce, in EITHER, Texas or NY, provided either of you are legal residents in the filing state; AND, meet the "grounds" for bringing the action in the State. NY is a "fault" state, with the exception of a prexisting separation agreement, "conversion" divorce grounds; whereas, it's my understanding that Texa is a "NO Fault" State.

Also, you might want to give your wife of the option of being the plaintiff, since in certain communities, a divorced woman is still "shunned."

If children or property is involved, then the state where the children or property is, the better choice, for filing for divorce.

Good luck,

Phroska L. McAlister,ESQ