Are they fault or non-fault states? What is the residency requirement to file divorce for both state?

Thanks for the help.

sfh-

I read your intial post and have a ncouple questions...why are you inquiring, are you seeking dv or wondering if h is pursuing?

Keep in mind while although h's A began in '99 at some point reality must set in. He has 2 children, a loving w (who I see as very committed), and parents who are hurt by his behavior (not that he's accountable to them) to the point of possible alienation, perhaps. Keep your faith and continuance of strength for you and children.

Here's a website that may add some insight to you inquire re: NY...

http://www.courts.state.ny.us/toc-ud.htm

I AM praying for YOU!
In Christ Jesus' name!

Thanks catch2222. I was wondering if I should stay in Texas or move to NY. I am collecting info just in case.

Thanks for the web address. I am looking at it now.

Seeking -- I recently moved from TX to WI, so I can give you what little information I have. TX is a fault state and I believe the residency requirement is 6 months; I think that's pretty standard. The child support and spousal support (almost not existant in TX) is very poor, but you can't necessarily get around that by moving. If you move to NY and establish residency, the NY court will only have jurisdiction over YOU, not your spouse. In order to extend jurisdiction over your spouse (and thereby order your spouse to pay support) the NY courts would need to establish contact between YOUR SPOUSE and the state. That would likely be very difficult to do.

In my situation, my children and I are now residents of WI, so I could technically file for divorce in WI, but there would be a battle over whether WI can claim jurisdiction over my H. It's not a battle I wish to fight, so despite the crumby support guidlines in TX, I will most likely get a TX divorce. There has been great benefit from the move nontheless. Most importantly it has taken me out of a very unhappy siuation and surrounded me with more family support. Also, in TX once you begin divorce proceedings, you cannot take your children out of the COUNTY, much less the state, without the consent of your spouse. Since my H agreed to our move to WI, I don't think he has any chance of forcing me or the kids to return. My H has the financial ability to fly up and visit every other weekend, so this has been a good solution for us.

A good family practice lawyer could give you the best advice on this issue. Try to find one that does not charge for the initial consultation if you can. Moving is a big step, you want to be sure you aren't making knee jerk decisions you'll regret later. I know how hard it is to think straight in these situations. Good luck.

NO NO NO

I am currently in the process of a TEXAS DIVORCE
The state is a NO FAULT STATE. However you can bring in evedince of A to the judge for custody reasons. Also child support is based on what the non custodial parent is making. it starts out at 20% for the first child and then you add 5% for additaional children. It is taken at the same time taxes are out of the check but before insurance. Also if you are married for 10 years or more you can recieve alimony. If you are not but have been a stay at home parent then the judge in some counties will force the non custodial parent to pay alimony during the process of a divorce. Residencey requirements are that you have resided in one Texas county for at least six months to file. You should check out Divorcecare for more information. hope everything works out for you.

I have to agree with the last poster. Texas, my home state, is most definately a NO-FAULT state. Affairs really don't carry much weight here, unless you get a really great judge. Emotional tortes don't do much good either, so don't expect a monetary bonus there. What part of the divorce code are you looking for info about?

Ditto that, TX = NO FAULT. 60 day waiting period for a court date after the papers have been filed. A's don't have much weight, unless you are using it as evidence that the other spouse is unfit for custody. Better have a REALLY good lawyer in TX if you're the man wanting full custody. If you're in the Houston area, I know the name of a very good divorce lawyer. Very tough, from what I've been told about her. Not cheap tho. I didn't need her, but my buddy knows her and she'll fight hard to get what you want.

Perhaps I was incorrect, or at least incomplete. There are certain states, such as WI which are strict no-fault, that is you CANNOT alledge fault in your divorce petition. Other states, such as Texas, PERMIT you to include cause for the divorce, but you don't have to and I agree that it a moral victory at best. (I think in a few states, IL perhaps, unless your divorce is uncontested you must either wait a year, or you are REQUIRED give cause; at least that used to be the case.)

As to child support and alimony, I stick to my guns. The guidelines in TX are not as generous as many other states, WI included. Court ordered alimony, as opposed to support during the pendency of the divorce, is very difficult to get. The ten+ yr marriage requirement is only one of the several hoops you must jump through. That's not to say that people in TX don't get alimony, but I think it is negotiated as part of the settlement and not ordered by the court following a contested divorce. There may be tax advantages to the paying spouse by characterizing support as alimony as opposed to child support.

I am a lawyer myself, but don't know a darn thing about family law. The laws are complicated and vary from state to state, that's why a good family practice atty is your only sure bet. However you can buy books which outline the basic laws in your state. I know that in Texas you can find books on TX divorce law at any large book store in the legal section. For NY law you might have to go on-line.

Thanks for everyone's help.

I am not ready to file DV. I will keep my faith as long as I can.

On the other hand, I want to know this info in order to protect myself and kids. I am wondering if I should move from TX to NY to join my H while his affair is still hot.

Another question, is there any advantage to file DV first?

The advantage to filing first is you get to put in the petition all the stuff and custody criteria YOU (plaintiff) want, and it's up to the other spouse (defendent) to prove that they deserve the stuff you are claiming. Lots of negotiation that usually goes on before the court date, but if it's gonna be ugly, you better file first to protect yourself. Just IMHO. If it's gonna be very civil, it won't matter who files first.

Nasakid, what counties does this woman serve?

That aside, yes, there is an advantage to filing first. He/she who files first speaks first, and the proving of stuff aside, think of the whole "first impressions" angle.

There was some other reason divorcenet said that there was an advantage for going first, but I forget what that was.

Take care.
Storm

I live in TX and I just recently started looking into the nitty gritty. I concur that it's a no-fault, community property state. I also subscribe to a newsletter called millenium (sp?) divorce, which comes out of NY. Much of their material is specific to NY. If I could find a copy, I'd give you more info. Maybe you can find it with a google search.