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So you want the divorce dismissed in Texas?
What you will need to do is to respond the complaint for divorce with an answer, in that answer you will state that you and your child that are a party to that action are not residents of Texas, and that you have never been residents of Texas. That you are currently citizens of Florida, and have been for the duration of the marriage. Therefore, the case is due to be dismissed by the court for lack of personal jurisdiction over you the Defendant.
I prefer it because i live in Florida. I would rather get a custody order out of my home state and county.
Well, Texas does not have proper jurisdiction anyways.
You would have to have resided there for a period of 6 consecutive months in order for Texas to have jurisdiction, which obviously you did not.
what if I was sent a subpoena fo rthe same case?
But you will need to answer the complaint for divorce to avoid the court entering a default judgment against you and in favor of the husband.
I cant afford to go there either
I understand, that could be another reason in your answer to the complaint.
If the case is dismissed so will the subpoena.
can i do this answer by mail? or do I have to go in person?
yes you can do it by mail to the clerk's office of the court in the county where he filed.
Is it possible his military service makes it that he can file in texas (where his dad lives)?
You may even be able to find the clerk's office online, and find a standard answer form they use, where you can object to jurisdiction. You may be able to obtain that information by simply calling them.
No, that does not change the fact that Texas does not have personal jurisdiction over you.
and your child.
thank you. I am satisfied.
Great, please click the smiley face :) and submit.