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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