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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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If i live in Massachusetts and have property in Texas where

Resolved Question:

If i live in Massachusetts and have property in Texas where is the best place to file for divorce. Also is Texas a fault state if my wife has committed adultry?
Submitted: 8 years ago.
Category: Family Law
Expert:  Jack R. replied 8 years ago.

You must file in the jurisdiction wher you live or where you wife lives. Each jurisdiction has a residency requirement so you can';t just show up one day and ask for a divorce. I believe Texas is 90 days. If you still want some comparative info let me know. For know I believe you are stuck getting divorced in Mass.

 

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Customer: replied 8 years ago.

My question was for my son. He has only been in Masscchusetts for a little over 1 month. They have been married for about 2 years wiht no children.She has a degree in dental hygine. His concern is how will his home be figured in property settlement. Mass law or Texas law.Someone told him he would have to pay for her legal fees since she does not work. She is in pharmacy school even thou dhe has the dental hugine degree and could work their anytime. So i guess this is complitated and he will need a Mass lawyer i suspose. She is at fault in this if that makes any difference in Mass or Texas.

Expert:  Jack R. replied 8 years ago.

It does make a difference where they file.

 

Texas is a community property state, and Mass is a seperate property state. If you file in Texas all property in Texas will be split 50-50 ( this can be adjusted somewhat for cause). The sepearte property purchased outside of Texas while in living Texas becomes quasi-community property and has its own set of rules. Still looking at a 50-50 split in most cases

 

You do not state where they lived prior to Mass, or where the house is. If they lived in Mass only 1 month they cannot file for divorce in Mass. A Mass attorney would probaby advise your son to wait out the residnecy period and then file.

 

IAssuming they file in Mass, or other Seperate property state. The Texas property still is community property divided 50-50, but all other property must be categorized as marital, or seperate assets. Marital property will be split (50/50 adjustable), and seperate property assigned to the owning spouse.

 

You have another issue is that Maintanance obligations differ greatly in Texas and many other states. Sicce the wife is still inschool this is a consideration. Liberal maintanance states could require your son to pay for educational expenses. Given the short marriage this would probably be a minimal contribution.

 

There is not set answer on legal fees. Each side can petition the court to have the other side pay for fees in either state. Here is where "fault" can make a difference. A court would not be so sympathetic to someone commiting adultery. In Texas typically each side pays their own absent some compelling reason

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

 

 

Customer: replied 8 years ago.
Prior to Mass they lived in Dallas Texas. They now live in Boston,Ma. The home in question is in Dallas. They live in an apartment in Boston . What is the residency requirement in Massachusetts for a divorce? what is best way to find a divorse lawyer in Boston?
Expert:  Jack R. replied 8 years ago.
Typically 90 days. You will need to get teh divorce in Dallas.
Customer: replied 8 years ago.
he can wait 90 days if it is better to file in Massachusetts. Do you think that would be better.
Expert:  Jack R. replied 8 years ago.

If the grounds for divorce occurred outside the state of Massachusetts then one spouse must be a resident of the state for at least 1 year. If the grounds for divorce occurred inside Massachusets no requirement for residency.

 

If you file file in Texas no maintanance will be awrded because they were not married long enough. Texas does have a 60 day waiting period from filing to proceeding with a divorce and can on request order the parties into counseling.

 

Massachusets would likely award alot but could award some. The criteria is in Mass is:

 

The court shall consider the following in determing a support award; 1. the length of the marriage, 2. the conduct of the parties during the marriage, 3. the age, 4. health, 5. occupation, 6. amount and sources of income, 7. vocational skills and employability, 8. estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income.

The contribution of each of the parties in the acquisition of the marital assets and the role in the marital relationship may also be considered by the court

:

 

 

Expert:  Jack R. replied 8 years ago.
The above should read "not award alot"
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Customer: replied 8 years ago.
Thank you for your rapid response and kindness. You are a very nice person. Happy New Year to you.