Jada
Platinum
Reged: 06/02/07
Posts: 3314
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In order for Texas to have jurisdiction, residency has to be established first. And even then, Texas still may not end up with jurisdiction.
And if she files in the original state before residency has been established or a court determines that he was court shopping (which is what you suggested), then the original state has jurisdiction.
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jbar
Platinum
Reged: 12/16/06
Posts: 1006
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He would have to move to the new, more favorable jurisdiction, with his wife and for a good reason (a better job, climate, etc,) and then file after a decent period has expired following establishment of residency. He never mentioned any possibility that she would be the party to file. Court shopping is a term which refers to efforts to get a particular judge, venue in a court with a particular racial mix in a potential jury, etc., and is illegal. Being assigned a particular court, at random, as a result of having residency in a particular town is not court shopping and is legal.
If he files divorce and she wanted long term alimony, in Texas, she would have to convince the Texas family law court that she is disabled, a different task than convincing Social Security of this. The Texas Family court could determine that she is able to work, and that would be the end of the alimony, although her SSD or SSI could continue, as they derive from federal rules. If the local court rules that the woman cannot work then he may have to pay alimony but, of course, this alimony will be much less than would have been the case without the contribution of Soc. Sec. to her total living costs. I personally doubt if she would be willing to make a "sincere job search" as required by the Texas statute, before any possibility could be created for her to be ruled "disabled" for purposes of establishing long-term alimony.
Disclaimer: Not legal advice
Edited by jbar (01/12/08 02:26 AM)
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Jada
Platinum
Reged: 06/02/07
Posts: 3314
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If his wife doesn't move, then it isn't going to work.
And you are assuming that she will move. She may not.
Besides, he has a life where he is now. Not everyone is as unethical as you are and out to screw their spouse.
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lilliy
New
Reged: 12/30/07
Posts: 14
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New to the board: Read your message,does she have fiber-miagley(sp) think I missed spelled that or do's she have Lupas, or has she been checked for MS? I have MS and my legs hurt 24-7.
I guess if she wanted to work or help out she would everone handles pain different. I work 25-30 week and belive me it kills me some times but the thought of just sittng around drives me even more crazy> Sorry I cant help out any more but if you are living at home to help her your not.
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jbar
Platinum
Reged: 12/16/06
Posts: 1006
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===========================================================
If his wife doesn't move, then it isn't going to work.
And you are assuming that she will move. She may not.
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Well, you know, I'm not really all that sure that the wife would have to move as well. Don't women still move to Vegas, establish residency, then divorce their husbands all the time? Aren't the community property and alimony decisions thus delivered prompty "removed", for brutal enforcement, to the state where the man resides and has property? Perhaps if he could take an extended "business trip" here--and send her flowers, phone calls, etc., during this time this would do the trick. By the time she got served, it would be too late for her to initiate the less male-favorable action in her home state, and the decision of the Texas court, with regard to alimony, would prevail.
Of course, he would also have her "over a barrel" in this sense, as unless she could get venue in her home state she would have to come to Texas, or hire a Texas attorney to represent her. The important thing would be to avoid any possible charges of "desertion" by taking care of her, and staying in contact, while getting evidence (recorded phone calls?) that the extended trip was WITH HER PERMISSION and remaining in Texas was purely for bona fide purposes of economic opportunity, etc.*
*Or even a vacation. If women can do it this way in Vegas, why not men in Texas (SI, hay muchas chicas bonitas aqui en la frontera Mexicana!)?
Disclaimer: Not legal advice
Edited by jbar (01/13/08 04:12 AM)
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Jada
Platinum
Reged: 06/02/07
Posts: 3314
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[quote]===========================================================
If his wife doesn't move, then it isn't going to work.
And you are assuming that she will move. She may not.
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Well, you know, I'm not really all that sure that the wife would have to move as well. [/quote]
All she has to do is file for divorce in her state before he establishes residency. Then not only will he be paying alimony, he will have to pay the transportation costs.
And if he manages to file before she does, after establishing residency, all she has to do is file in her state and file a motion in his state to dismiss as Texas does not have jurisdiction.
Considering that the state they are currently in is where they have legal residence and he moved to Texas knowing that he was going to get a divorce, it will be dismissed. Judges don't like it when you court shop for the court that will be more favorable to you.
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What will I lose
Platinum
Reged: 05/21/07
Posts: 737
Loc: PA
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I do appreciates the efforts but i'm not moving out of my house, much less the state. But thanks for trying!
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she has been told she has soft tissue injury, fibro and rsd. Nothing is provable but she is on SSD but not SSI because i make money of course. I guess she will get SSI if we are divorced though and that decreases alimony from what i've understood.
Her smoking is really killing me lately and as i feel enough guilt about things, her continual smoking lessens it. Every doctor has said a smoking diabetic has no chance at healing unless they stop smoking. So i figure if she doesnt care about her health, my health, our cats health, why should i worry about trying to get her help when i did for the past 7 years? She wants to start a new round of doctors and i'm fed up enough that i'm gonna say that i dont think it's productive, since it hasnt been in the past, she still smokes and i'm tired of sitting in 2 hour appts and listening to all that crap. Also i'm quite tired of the continual moaning etc at home. I guess it's a feeling of helplessness but i cant deal anymore. Plus i do all the housework and im tired of being (as someone else put it) a slave with no chance for a return of anything. It's all one way here.
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
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jbar
Platinum
Reged: 12/16/06
Posts: 1006
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==========================================================
And if he manages to file before she does, after establishing residency, all she has to do is file in her state and file a motion in his state to dismiss as Texas does not have jurisdiction.
Considering that the state they are currently in is where they have legal residence and he moved to Texas knowing that he was going to get a divorce, it will be dismissed. Judges don't like it when you court shop for the court that will be more favorable to you
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Jada, what have you been smoking? If this were true, the entire Nevada divorce industry would be shut down.
"What..", given her health, it may be hard to get life insurance but I hope you are getting all the Soc. Sec., IRS or state benefits available to the "primary caretaker of a disabled person". Also, you are entitled to have a visiting nurse come to assist her for a limited number of hours weekly.
Edited by jbar (01/13/08 08:03 PM)
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3213
Loc: Florida
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What will I lose...you never answered my question about why you were asking about life insurance.
Do you have children together?
I'd be happy to give you info on her eligibility and how it works...
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What will I lose
Platinum
Reged: 05/21/07
Posts: 737
Loc: PA
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i read on one divorce site about recovery of alimony if someone dies.
so if she gets 775 SSD what will SSI be? And i know there will be med part b premiums too now i guess.
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i had no idea with my income i could get any state aid...and she wont call for anyone to come help her.
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call me WWIL...PA resident 39 year old , married 11 years, together 12...splitting in 13th year.
Edited by What will I lose (01/13/08 09:07 PM)
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