Legal Question in Family Law in Texas
Living in China
I am in China and want a divorce from my spouse who is in Texas. What do I do? Do I have to go back to texas to file? I would like to marry someone in China. Although my spouse was abusive mentally, I want it to be no fault, and I do not want anything, (car, money, furnishings). I just want to be able to be free. What do I have to do?
2 Answers from Attorneys
Re: Living in China
If your spouse does not contest the matter, you may be able to obtain a divorce without appearing in person. It is important that you have personal knowledge of your spouse's domicile, as jurisdiction would be based on the spouse. If your spouse was willing to sign a waiver, then there would be no need to obtain service of process. Otherwise, the spouse would need to be served.
There is a requirement that a divorce be "proved up" by testimony of one of the parties regarding the bare elements of the divorce requirements (i.e. domicile, grounds, property, kids, etc.) In the past, however, I have finalized divorces for parties using their sworn affidavit (that I prepared) as a substitute for live testimony. This affidavit could probably be sworn to using a notary under the laws of China, for use by your lawyer in Texas. Please contact me if you would like my help.
Re: Living in China
Do you meet the legal requirements to obtain a divorce in China? Can't you file for divorce in China and send your ex-husband notice to appear there. First, see if you qualify to obtain a divorce in China.