Thank you for your follow-up, Rhonda.I would suggest you consider waiting and file in Texas. Here is why:Unlike Kansas which is an 'equitable distribution' state pertaining to assets, Texas is a 'community property' state. The difference is profound; Texas treats all assets earned and obtained while married (other than exceptions for inheritances, prior assets, or specific conditions agreed upon via a prenup or a postnup agreement) as 50/50 owned by both spouses, REGARDLESS in whose name those assets are listed. To put it in perspective, if your spouse started this IRA while married to you and it grew to $150,000, it is irrelevant that he siphoned the accounts, upon divorce he would be required to pay you your share of exactly half, or $75,000. Kansas, on the other hand, is an 'equitable distribution' state which means that the courts attempt to help the spouses split assets in a 'fair' and in an 'equitable' manner that is not necessarily equal. This type of a scheme favors a party who works rather than the stay-at-home spouse.To answer your underlying question, under Kansas laws your spouse would have to provide an accounting of all assets, earnings, and accounts, but because the account is in his name, he would be able to claim a greater interest and potentially justify the removal of funds. Under Texas law he would also have to provide an accounting, but such an argument would be far less persuasive to the courts. Furthermore, please keep in mind that it is irrelevant as to who files first, that does not affect who is in a better position in a potential settlement, what governs more is how the split is governed and under what law.Hope that helps.
If you haven't been gone for 6 months, you are still legally considered residents in Texas. Simply go back to their courthouse and file there claiming that your residency as yet has not been changed to Kansas if you haven't lived there long enough. You may even want to consider retaining an attorney in Texas so that the attorney can file for you as quickly as possible if you are close to this 180 day deadline.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).