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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.
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