Legal Question in Family Law in Texas

Re: Searation, Divorce in two states

FSK: Sepration Agreements in Virginia cannot be changed by a Court and are fully enforceable in every state. Once it is signed, it is binding. .

My soon to be former spouse had agreed to an uncontested divorce.

FSK: He may still contest the grounds for divorce that you filed. If you filed a no-fault 12 month separation Bill of Complaint, I do not see what he could possibly challenge as there is little to prove except you have been lived for 12 months seprate and apart, continuously, uninterrputed and without cohabitation.

He recieved the papers to sign and not is saying his attorney says the Agreement we have is not valid

FSK: Again, he's lying about his lawyer's advice. I'm not sure what you want him to sign except either an Acceptance of Service of the Bill of Complaint, or, if you already have him served, a Consent Decree for the divorce you filed. That's fine. Either way, if you haven't had him served, and he won't accept it voluntarily, you hire a process server in TX and get him served.

If you have had him served and now want his cooperation to sign a Consent Decree, if he doesn;t cooperate, you must now get a Court date for the Judge to enter the divorce. You must have him served with the Notice for the Court hearing.

He now wants $5000 to sign.

FSK: Extortion. Don't do it. Pay to have him served if he has not or if you're at the Decree stage, pay your lawyer instead to haul his cookies back to VA to fight the divorce.

Is he just prolonging the process

FSK: Yes. Highway Robbery. He's hoping you'll get tired of it all and cave in. Don't. You may have to do things the long and expensive way but so be it, don't let him see you sweat.

I know I can go ahead and divorce by publication

FSK: No. If he has been served with the Bill of Complaint for Divorce then you already have service and service and publication is not necessary. If he has not beeen served with the Bill of Complaint you still cannot publish as that requires you to file an Affidavit that you have used your best efforts to locate him and cannot.

what are the chances of him holding this up indefinitely?

FSK: Slim to none. Wether you can find him or not, the process will proceed with or without him.

He might make it harder but he cannot make it impossible.

My atty says not to worry

FSK Smart attorney - give him a bonus.

And good luck.

Re: Searation, Divorce in two states

MY ANSWERS ARE IN BOLD BELOW:

We have a Separation Agreement that we both signed in 2003. He recieved the papers to sign and not is saying his attorney says the Agreement we have is not valid.

ANSWER: I DON'T DO VIRIGINIA LAW. I CANNOT REALLY ADDRESS THE SEPARATION AGREEMENT SINCE TEXAS DOES NOT HAVE LEGAL SEPARATION. IN TEXAS, HOWEVER, YOU CAN SIGN A BINDING AGREEMENT THAT IS NOT REVOKABLE -- BUT IT IS RARELY DONE.

He now wants $5000 to sign. Texas has no jurisdiction over custody or the house that is the issue. Is he just prolonging the process. Can he file in Texas when I have aldready filed in Virginia?

ANSWER: IF HE FILES IN TEXAS, THEN YOU NEED TO FILE AN ANSWER PROVING TO THE COURT THAT THERE IS ALREADY A CASE ON FILE IN VIRGINIA. THEN THE TEXAS CASE SHOULD DISMISS. YOU MIGHT NEED TO HIRE AN ATTORNEY IN TEXAS TO PROTECT YOUR RIGHTS. A VIRGINIA ATTORNEY WON'T KNOW WHAT TO DO IN TEXAS. VERY FEW ATTORNEYS ARE LICENSED IN MULTIPLE STATES. IF HE FILES IN TEXAS, EMAIL ME AND I'LL QUOTE YOU A PRICE.

He spouted off grounds, now, however I have provable grounds in Virgina. Witnesses galore. I know I can go ahead and divorce by publication, but what are the chances of him holding this up indefinitely?

ANSWER: IN TEXAS IF HE WAS SERVED WITH PAPERS AND HE DOES NOT FILE AN ANSWER THEN YOU CAN DO A DEFAULT DIVORCE. IF HE FILES AN ANSWER IN TEXAS, THE COURT ISSUES A TRIAL DATE AND IF HE DOES NOT APPEAR AT TRIAL THEN THE DIVORCE IS GRANTED. I DON'T KNOW VIRIGINIA LAW.

IF YOU KNOW HOW TO FIND HIM IN TEXAS, THEN DIVORCE BY PUBLICATION IN TEXAS IS NOT AN OPTION. AGAIN, I DON'T KNOW THE LAWS OF OTHER STATES.