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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 32184
Experience:  25 years experience of all aspects of family law
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My husband has already filed for divorce in England (two years

Customer Question

My husband has already filed for divorce in England (two years ago), and now lives in San Antonio. We were married in England. He is American. His Texan lawyer has told him to ignore the proceedings in England, and file in Texas, forcing me to then sue for financial support in the Texas courts. I believed it was illegal to file for divorce in two jurisdictions simultaneously - is this true?
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How far has the UK divorce reached?
Claire
Customer: replied 2 years ago.

Divorce Nisi. Court date of 5 Sept for FDR. Possibility that ex will not appear for that, and will refuse to accept court's decision.

Expert:  Clare replied 2 years ago.
Hi
Where are the assets based?
Claire
Customer: replied 2 years ago.

Mainly in US. House in both our names here.

Expert:  Clare replied 2 years ago.
Hi
Just to check - when was the Decree Nisi granted?
Claire
Customer: replied 2 years ago.

Nov 2011. Why is this relevant? My question was purely to do with international jurisdiction. I can forward all papers and emails, but all I was asking is something my solicitor is unable to answer, and unless you can answer my initial question, please stop bothering.

Expert:  Clare replied 2 years ago.
Hi
The reason was simple - I wanted to consider your options.
The actual question you ask needs to be asked of a Texas Attorney - and I will transfer you to our US section if you wish.
Certainly in the UK and the EU whilst it is not illegal (as in it is not a criminal act) it would not be worthwhile as they would be dismissed as soon as the Court was aware of the existence of the existing proceedings.
However not all Jurisdictions take this view.
However the easiest way to deal with this risk (if there is one) bearing in mind that the financial application is well advanced would be to apply for the Decree Absolute.
The only reason for not doing so is to protect your Widows rights in the event of his death which is not as necessary once the financial application is ongoing
I hope this is f assistance - please ask if you wish me to transfer you
Claire
Expert:  Clare replied 2 years ago.
Hi
I am sorry that you felt that my service was poor meaning that I get no credit for my time (which is fair enough) but also that I get a negative mark on my record.
I am sorry that I was not able to give you the definitive answer - as I said this can only be given by an expert on Texas Family law - and I remain more than willing to transfer you to that category so that this can be answered fully.
Please ask if this is what you would like
Claire

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