Legal Question in Family Law in Texas
hidden divorce
hi i was was with my ex in the year 1995 in usa and i had come back to india and he divorced me in 1997 and in formed me in 2005 and he is in texas still and i am india am i divorced according to US or not or can i file a case against him and wht will be he procedure and how can i get my right as i have 18 and 14 yrs kids of him with me please guide me as i am alone and i am not working and one thing he sends me money for his kids regularly without any fail as i am not that much educated and i am not working and i dont have any one for my support waiting for ur reply and advise thanks
6 Answers from Attorneys
Re: hidden divorce
at the foremost it seems he has obtained the divorce order in your absence.
Are you married in India or abroad, if you are married in india according to indian customs then it is legally not binding, he has to obtain a divorce in India.
since you are stating that he is sending maintenance to your children's only you can claim the remaining balance amount in court.
has he got married in USA again. please check.
please ask for your maintenance, is his family in India or USA.
there is nothing more you could do except go to court now. so ask for maintenance and wait for the reply, then meet a lawyer at your place and state the facts correctly with all the relevant documents, probably he will help you.
Regards.
B.Balasubramanya.
Advocate.
Re: hidden divorce
You will not know if you are divorced, until you find out. Contact the District Clerk of the county where he lives, and ask them to look up your name and determine if a divorce was filed and a decree entered. He may or may not, have obtained proper service on you. Since he knows your whereabouts, and you were not personally served, the judgement could be attacked on that collateral issue.
Many counties (such as Collin and Denton) maintain internet online sites, where you could research the situation yourself. You need to hire a lawyer in Texas, in or near the county of his residence.
Re: hidden divorce
you yourself are not sure of your position so how can i advice on insufficient facts.
confirm first that whether you have been divorced or not. then only u can take appropriate action.
your husband is sending money without fail, he seems to be considerate or whatever, try to sort the things out.
for detailed advice please contact personally with documents. consultation charges will apply.
Re: hidden divorce
If you have solemnized the marriage in US than your husband can divorce you according prevailing law of US.
You can challenged the divorce through your attorney in the concerned court of US who had passed the order of divorced as your were not aware of case which your husband had filed in US konwingly inspite of the fact that you are in India as he had deprived you an opporunity to contest the case.
You may also claim life support or maintenance from your husband. For further query contect me or any lawyer
Re: hidden divorce
You have the children with you;
You are regularly getting maintenance allowance for your children.
The only issues left are (a) divorce; and (b) permanent alimony.
Please provide me by e-mail attachment copies of the divorce papers in your possession to ascertain legal position.
You are entitled to maintenance for yourself and for your children.
Re: hidden divorce
probably your husband had obtained exparte divorce.You can challenge the divorce by moving necessary application in US court.You can also claim maintenance for yourself from your husband.