Legal Question in Family Law in Texas

My wife live in California at the moment and I live in Texas. If she wants to file for separation there will she be able to even though Texas doesn't recognize separations?


Asked on 9/04/13, 1:49 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

CA has legal separation so if she files for divorce is CA she can ask for whatever CA law covers.

You will have to hire a CA attorney to represent you.

Look on this website & on www.avvo.com now to find an attorney that you like.

By the way, CA alimony laws are a lot more liberal than TX. It could be painful in the pocketbook for you!

You might want to hurry and file for divorce in TX -- like tomorrow -- to beat her divorce filing in CA. Whoever files the divorce first probably wins the jurisdictional issue! Probably -- I cannot guarantee it since I have not talked to you in person. You might want to talk to a TX attorney tomorrow about the details of your case.

You can look on my website - www.familylaw4u.com -- to find my blog site that lists the FREE websites that lists BASIC TEXAS approved divorce forms. If you file first, you can then hire an attorney later to amend the pleading and then serve her in CA.

If you don't understand what I'm suggesting, then hire a family law attorney tomorrow tomorrow in your county to represent you. It might save you a bunch of money rather than going to CA to defend yourself in a CA court.

Good luck!

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Answered on 9/04/13, 9:35 pm


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