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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 830
Experience:  9+ years of experience in divorce, custody battles and mediation.
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Can I file for a divorce after my wife already filed? I

Customer Question

Can I file for a divorce after my wife already filed? I disagree on the part where she can decide where her and our children live after we divorce. I do not want to contest the divorce, but I do not want my children to be moved out of state. We agreed to joint managing conservators. In the filing she wants to designate exclusive right to where the children live , which she stated is anywhere.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: She filed and I have been served.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is my only question at this time.
Submitted: 5 months ago.
Category: Family Law
Expert:  originallawyer replied 5 months ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 5 months ago.

Hello:

Just because she asked for that doesn't mean she'll get it. You have a few options. You can't file a new divorce because she filed first and you've been served. But you can file a counter-petition, in which you can say that you disagree with her requests. Or you can answer the petition and then request a temporary order hearing in which you tell the Judge that you don't want her to be able to move. Generally speaking when both parents have been involved in the children's lives, a Judge is going to impose a residency restriction of the county where the children live or the county and the counties that touch that county.

Customer: replied 5 months ago.
Thank you
Expert:  originallawyer replied 5 months ago.

You're welcome!