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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9078
Experience:  since 1983
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My husband and children are Americans,I am in America boots

Customer Question

My husband and children are Americans,I am in America boots and my children with their father in Cambodia,I wasn't a divorce and want my children, he refuses...what are my rights
Submitted: 10 months ago.
Category: Family Law
Expert:  Samuel II replied 10 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Please tell me are the children with you in the US? What state? Why do you want a divorce?

Customer: replied 10 months ago.
No, the children are with him in Cambodia. I am in tx.and yes I want a divorce
Customer: replied 10 months ago.
I want a divorce bc he has ptsd from the war time in Afghanistan and I can't deal with him any longer. I had to come back to ttc for medical reasons and wasn't able to bring my children,I had tried about 3 weeks ago but he stopped me at the airport in Cambodia.
Expert:  Samuel II replied 10 months ago.

Thank you. I am going to opt out and another professional here will help you. There is no need to reply at this time and your deposit will remain in tact.

Expert:  N Cal Attorney replied 10 months ago.

New Expert here.

Did your husband and children previously live in Texas?

If so, how long did they live there? How long ago did they leave?

Customer: replied 10 months ago.
they lived in Tx., they left about 7 months ago. I just flew back too Tx last week for medical reasons
Expert:  N Cal Attorney replied 10 months ago.

Did you maintain a residence in Texas while you were in Cambodia?

Customer: replied 10 months ago.
No residence was maintained while we lived in Cambodia.
Expert:  N Cal Attorney replied 10 months ago.

I am sorry but I cannot phone you.

http://www.divorcesource.com/ds/texas/texas-divorce-laws-717.shtml

indicates that Texas currently does not have jurisdiction unless you maintained a legal domicile there while you were in Cambodia. Domicile is a question of intent. If you kept a Texas drivers license or voted in Texas while staying in Cambodia, you can argue that you did maintain your domicile there. But you would still have to remain in one County in Texas for 90 days prior to filing there for divorce.

Cambodia does appear to have jurisdiction to issue a divorce decree, see

http://unstats.un.org/unsd/vitalstatkb/Attachment409.aspx

There are divorce lawyers in Cambodia listed at

http://www.hg.org/law-firms/divorce/cambodia.html

and some at

http://cambodia.usembassy.gov/list_of_lawyers.html

I am sorry this is not the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to provide accurate information.

I hope this information is helpful.

Customer: replied 10 months ago.
Thank you for your counsel.
Expert:  N Cal Attorney replied 10 months ago.

I am sorry but State Bar rules prevent me from telephoning you.

If you want me to opt out and open your question to the other Experts, I can do that.

Customer: replied 10 months ago.
No thank you
Expert:  N Cal Attorney replied 10 months ago.

OK