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LawHelpNow, Attorney/Lawyer
Category: Family Law
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I have general questions in regards XXXXX XXXXX plan to file a divorce.

Resolved Question:

I have general questions in regards XXXXX XXXXX plan to file a divorce. i have been married since 1985; in the Houston, Texas. I am currently resides in Jakarta, Indonesia. I have two kids; my son just graduated and currently working in New York and the daughter is on the second year in Santa Clara University. their age is 22 and 20 respectively.

My wife is a house wife and I am the bread winner of the family.

I have moved out of my house for a total of 7 years and tried to give it a try one more time and moved back in since last year in the month of November.

After giving it a try for 9 months realized that it was not going to work thus decided to file for the divorce.

My wife has agreed so long as the economic settlement is settled.

My question is as follows:

Is there a rule of thumb in deciding how to split my earnings curent and future earnings?

Child support?

How do we split the assets? etc.

Does it matter where should i file the divorce? We were registered in the state of Texas but could easily switch to California; which is more dracogian agaist the breadwinner.

thank you.

Sutikno Sjarif ([email protected]).
Submitted: 5 years ago.
Category: Family Law
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks for choosing Just Answer®.

I am a licensed attorney and will be glad to try and assist you seeing other legal experts have opt out and/or your question has been re-listed as still seeking a response. To provide you with accurate information, could you please clarify this point:

  1. If the place of filing limited to a choice between Texas and California (meaning the divorce would not take place in Indonesia)?


Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible. Due to the late hour, this may be tomorrow (technically later today, meaning Tuesday) if I have to sign off for the night before hearing back from you. However, I will not forget about you and will be back in touch with you then.


Customer: replied 5 years ago.

I am an Indonesian citizen whilst my wife is American. We are both currently residing in Jakarta, Indonesia. Both kids are American.


The answer is yes; it will not take place in Indonesia. My wife stays in Indonesia under my sponsorship and we were never registered as married couple here in Indonesia.


I believe that the divorce should be filed in Texas possibly California for the reason that we were married at the former and she is a resident of California. I am open for suggestion.


Thank you.



Expert:  LawHelpNow replied 5 years ago.
Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.


  1. I am a licensed attorney with family law litigation experience. I will be glad to try and answer your questions I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification after reviewing the following information.
  2. Thank you for taking the time to write back and supply the additional information as requested, which was helpful to my analysis of your inquiry. Please allow me to say that I am genuinely sorry for your circumstances. I sincerely XXXXX XXXXX soon look brighter for you and that the divorce goes as smoothly as possible.
  3. "Is there a rule of thumb in deciding how to split my earnings curent and future earnings?" Yes. In this regard, both states are rather similar in that the matter of future monies (i.e. retirement plan) would most likely be resolved by means of what is called a Qualified Domestic Relations Order. These are very complex mechanisms, but the botXXXXX XXXXXne is your current spouse could be awarded a future ownership interest in your retirement assets.
  4. "Child support?" Generally, given the ages of your adult children, this would not be a consideration in your case.
  5. "How do we split the assets? etc." Here is where things get rather tricky. California is a "community property" jurisdiction, and probably the most liberal of such states. It follows an essentially "50-50" approach, which would generally result in a more favorable case for your spouse. Texas, however, is an "equitable distribution" state, which would generally mean a more favorable outcome for you.
  6. "Does it matter where should i file the divorce?" Yes. As outlined above, there are some significant differences between Texas and California in this regard. Looking at things from your perspective -- placing your interests first in terms of preserving your assets -- you would generally do better with Texas. Without a doubt, your very next step should be to confer with local family law counsel. For the modest fee of $20 you could sit down with an attorney to explore your best options. This would be money very well spent. Houston Lawyer Referral Service
  7. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.


I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.


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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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