Hi -- I am new to the D board. I have been on the PG/C Board regularly for awhile now and I frequent the Recovery board. Anyway things in my M have changed yet again. (You can see update in my latest post -- Same Song, New Verse on the PG/C board if you want to know where I am coming from)

Anyway -- my question is this : H and I lived in TX and still own a home there. A occured there. OW and OC live there and all custody papers and CS of OC were filed there. We have been residing in MS for the past nine months (getting space from OW and trying to relocate). We were married in MS so our marriage license is from here. Can I file for divorce here in MS or do I have to do so in TX? I am just trying to find out where to start -- since it is the weekend I can't contact a lawyer by phone. Any infomation about this would be helpful.

Thanks.

I am no legal expert by any means but I would think you would file for divorce in the state you were married in. But I do not really think it matters. We live in NY and were married here. But if we had moved and lived in another state I am pretty sure I could file in that state, not necessarily have to do it in NY. I will be interested to see what you find out. mlhb

Hi tryin...in most states you have to have "resided" in that state for a certain number of months/years to file for a divorce...if that weren't the case, every woman would move to NY or CA where alimony is still available...Since you have only lived in MS a short time, you might want to look up the laws in that state...see how long you have to reside there and what the pros and cons are over filing there vs. texas...I can tell you, Texas is a NO FAULT state and there is NO alimony, unless you have been married for 10 + years and then you only get 3 years worth...

It doesn't matter WHAT state you married in, it matters WHAT state you reside in at the time of the divorce and then you factor in the amount of time you have lived there...some states require 6 months, some 2 years!

I couldn't find much on MS laws <img src="/ubbt/images/graemlins/frown.gif" alt="" /> But I found a few crucial facts...You must have resided in the state for a minimum of 6 months...and it is a NO FAULT state...BUT, MS offers alimony! I am not sure for how long, but that is a pro for MS vs. Tx...

the only thing I would caution is that if you FILE in MS, that may be where you will have to reside with the kids...As far as visitaion goes, unless H moves back to TX so ya'll can make it easier on them! KWIM???

here is a link that I found...not a very good one...but it explains some things...

MS laws

You and I must think alot alike. After I read your first reply, I started researching MS law (even went to the same page you sent the link for.) We have been in MS since Sept. and and can verify that because my kids were enrolled in school here. The alimony thing for MS is a positive vs. TX (but I had been married 10 yrs and met the requirement for the potential 3 yr deal) I plan to stay in MS -- it's where all my family is. I have no one in TX -only old "friends" that deserted me when I chose to stay in my M. I am expecting all of them to come out of the woodwork if I get D but it is way to late for them! So moving to TX would only be to allow H to be w/kids more (which would be great for the kids too) but I can't see how I can make it our there as a single mom with no support. So H will have to be creative as to how he works his schedule to see the kids as much as he can. I know it is going to be dificult for us all but I have nothing else to give to this M. My self-esteem and self-worth have been destroyed for the last time!

Today is so hard . . . H crying, begging me not to "split up the family", swearing he's through w/OW and has been for over 3 months, promising to walk away from OC, etc. . . But it is just too late.