Legal Question in Family Law in Texas

nothing recieved or served

I'm in California. My husband is in Texas. We have both filed for divorce. By the time I was aware that he had filed in Texas, I had already filed in California. Before I filed I called county he lives in(Tx) and they had no record of him fileing. He has been served. I have not. He has told me that I will be recieving a certified letter in the mail. If he sends it to a fake address and I never recieve it & never sign for it, then what? The date stamp for his indicates he filed on 1/30/01. Mine were filed 2/2/01. If I am never served what happens to the case? Is the divorce granted in Texas or can it be in Ca.? He has been messing with my credit and pulling money out of accounts. Do I have to go to Tx. to contest it if he isn't fair with property rights? Please let me know if you have any advice. I've been looking for answers week. Thank you. D.


Asked on 2/10/01, 2:14 am

2 Answers from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: nothing recieved or served

It is not a matter of who files first, but who serves first. It sounds like you served him before he served you.

There are other issues to consider. Are there children? If so, jurisdiction over custody issues could be in either state, depending on where the kids are.

Does CA have personal jurisdiction over him? What are his contacts with this state? If none, then CA could only deal with the status (make you single) and custody issues (if the kids are here).

You might consider having an atty in TX make a special appearance to have the TX proceeding dismissed. You should also get orders stopping the looting of accounts (assuming CA has jurisdiction over him, personally).

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Answered on 3/22/01, 10:24 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: nothing recieved or served

Interesting Jurisdictional issue, I'd be happy to look into it, there is more to jurisdiction than who filed first or who was served first. If you wish, please contact me directly at (619) 222-3504.

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Answered on 3/22/01, 10:30 am


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