Legal Question in Family Law in Texas

Re: military residency for divorce

Your basic question is primarily one of Texas law. Under New York law you can qualify to commence a divorce action if you have resided within the state for two (2) years, or if you and your wife have both resided in the state for one year. As regards which state will grant your divorce more easily, this becomes less of an issue when both parties want the divorce. The more complicated and far more important issue for you is your two children. You have serious custody, visitation, and child support issues that must be resolved before you can obtain a divorce judgment in New York, and, one can only presume, before you can obtain a divorce in Texas. Depending upon your wife's financial and educational situation, you may even be required to pay maintenance (alimony) to your wife. Your really should sit down with competent counsel to get an analysis of your situation. This answer is not a substitute for a detailed consultation with competent counsel. You need to decide what you want regarding your two children after your divorce is over. In New York state basic child support for two (2) children is 25% of the non-custodial parent's gross income after subtracting FICA taxes and certain job expenses like uniform purchases. Child support is not tax deductable. Maintenance/alimony is generally deductable to the payor and taxable to the recipient. Good luck.