Q: I need help. I'm in Ohio. Husband is in Texas. He filed for divorce. Haven't seen my girls in 60 days. ohio or Texas ?
A: Yes, you do need help. Use the Find a Lawyer tab to locate an attorney in TX where your husband is living to advise regarding a response to the divorce filing in TX. Depending on how long he and the girls have been living in TX, TX might not yet have jurisdiction, but OH still might. So once you talk to the TX attorney, you might then need to talk to an OH attorney. Don't delay in contacting an attorney to advise you, because there are time limits.
A:
You question raises a number of issues:
1) Have you resided in Texas with your husband; conversely, has he resided in Ohio with you? If you resided in Texas with your husband, Texas likely can assume personal jurisdiction over you. If not, Texas may be limited to granting the divorce, but not addressing custody and property division.
2) Have your children resided in Texas for at least six months? If so, Texas likely can assume jurisdiction over the children. If not, consult an Ohio attorney immediately to challenge the Texas jurisdiction over the children.
3) Either way, consult an attorney in Texas, preferably in the jurisdiction of the court in which he filed the divorce. Time is of the essence, so move on this immediately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
