Legal Question in Family Law in Texas

Trying to get divorce finalized in Texas

I was married in Oct 2001 and in Jan of 2003 my wife suddenly left and moved to Texas. We were living in NYC, she was going to Law school and I was working full time supporting her. We have no kids and no house. During 2003 we tried to reconcile but in Sep 2003 we decided to get divorced, uncontested. She filed some papers in Texas and sent them to me. I did not respond because they were agreeable. Then I did not hear from her for a long time. Then a process server gave me the same papers. I ignored it again because it was the same thing. Then in Fall 2004 finally she said she had a divorce decree and she was going to send me other papers to sign. The last we spoke in Dec 2004 she wanted me to pay her $2500 plus some other expenses and I said, 'send me the papers' but she still has not sent me the papers. I really want to finalize the divorce ASAP. What do I do? All the lawyers here in NYC tell me I need a Texas lawyer but I think I should just start from scratch and file papers to divorce her in NY because then I won't have to pay the $2500 to her. But I'm afraid that if I file in NY then Texas law might still force me to pay $2500. You need to know BOTH NY and TX law to respond to this question otherwise you are not helping me.


Asked on 2/17/05, 9:56 pm

5 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Trying to get divorce finalized in Texas

Obtain copies of all documents filed in Texas, if any before proceeding, from the Clerk's office, before deciding how you will proceed. You may call the local Sheriff's office in Texas to acquire info concerning where the info and docs are located; then call there to find out how much and how you may acquire copies of filed docs, if any.

Good luck,

Phroska L. McAlister,Esq

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Answered on 2/17/05, 11:35 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Trying to get divorce finalized in Texas

You need to find out if there is a judgment against you in Texas. If there is you will not be able to start from scratch in New York because New York is under obligation to recognize the Texas decision under the full, faith and credit clause of the U.S. Constitution. Before proceeding you need to know the status of the case in Texas. Hire a lawyer in Texas to find out, it should not be that expensive to simply get information.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/18/05, 9:41 am
John O'Donnell Attorney at Law

Re: Trying to get divorce finalized in Texas

I would recommend that you consult with a New York attorney. The attorney must be provided with all of the pertinent information before they can give you good advice. I do not know what the $2500 amount represents, but keep in mind that there will be costs associated with any action you bring in New York.

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Answered on 2/18/05, 1:58 pm
Fran Brochstein Attorney & Mediator

Re: Trying to get divorce finalized in Texas

I only practice law in Texas. I cannot address NY law.

I personally don't know any family law attorneys licensed in both TX and NY. Otherwise, I'd refer you to them.

If there is a case pending in Texas, then you need to get it finalized in Texas.

If the case has been dismissed for want of prosecution (aka DWOP) then you can file in NY.

If you have never lived in TX then TX can grant the divorce but they have no personal jurisdiction over you.

I have no idea why she wants $2,500.

If the divorce was filed in Harris County or a county close to Houston, I'd be glad to do the research for you for $200/hour.

If you were served and did not respond, then she could have done a default divorce against you.

A default divorce means that she could anything she wanted in the final decree of divorce since you had notice of the lawsuit (aka divorce) and you did not do anything.

If the case was filed in Harris County, Texas in 2003, it is either final now or it was dismissed. Harris County issues trial dates within one year of the filing of the first document.

If it's in Ft. Bend, it could still be pending.

I'm in a family law mediation class Friday - Sunday.

I'll be back in my office on Monday.

Fran Brochstein

713-847-6000

www.familylaw4u.com

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Answered on 2/17/05, 10:27 pm
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Trying to get divorce finalized in Texas

If she did obtain the divorce, the divorce decree will be available at the courthouse for a small copying charge. A Texas lawyer will know how to retrieve the decree from the courthouse, probably for a very small fee. Parenthetically, because you supported your wife during law school, you may have been entitled to a part of her career. I would suggest that you remind her of this fact and tell her that if she does not send the divorce decree to you, you may attempt to vacate it and assert your New York equitable distribution rights (you actually have little chance of vacating that decree).

If you need to discuss this matter further, you can arrange for a consultation by calling us at 212-267-7000.

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Answered on 2/17/05, 10:36 pm


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