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Its a complicated situation but hopefully a simple solution.

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Its a complicated situation...

Its a complicated situation but hopefully a simple solution. Can I file for an a fault divorce in the state of TX if I was married in TX, claim residency in FL, last lived in the US in Arizona, and currently reside in Germany as does my spouse.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

My paragraph gave the circumstances. TX is where I would like to file.

Lawyer's Assistant: Have you talked to a lawyer yet?

I've sent requests as everything is closed right now.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was active duty military married for 13 years. I am a civilian now as a federal employee. I have two children 12 year old son and a 7 year old daughter. My wife and I are other in Germany. We were married in TX, claim FL residency, and last live in AZ. Departed Arizona in Aug 2015. My wife has threatened to leave me at least once a year over the years and recently I discovered infidelity. She/s trying to file in Florida with no fault, because she is trying to maximize her alimony. I have evidence of Facebook messaging in December 2016 with an old boyfriend and attempting to set up a destination where they could explore if they still have feelings. I have an entire instagram chat history of discussing hoe they messed around and her sending nude photos. Recently in July and August I have messaging history of her talking about she going to be having sex with a guy and her asking for the address to meet up for several months. I confronted her on June 3 rd satin I wanted divorce but later tried to et her to go to marital counseling. She has been taking many vacations without me and the kids and recently posted a status as in a relationship. I have all text history since I arrived wth her sending me multiple texts that she is so drunk she can barely function, going on party busses until 6 am. Starting in July she just stopped sleeping here, until that point I would let her sleep in our old bed, and I would sleep on the couch. Last week said she was officially living with her boyfriend, an active duty member. I have taken their passports and hidden them from her because she has threatened to take them and run to the states. She is now attempting to have a judge order me to return the passports, when she is a flight risk. She has stated in texts that she was never attracted to me and she is going after everything I own. She has not lived here for about two months. I maintain a very stable, supportive, and safe environment for my children. She watched my children at my house form when they get out of school and arrive home at 3:20 until when I get home, usually around 5-5:30 or so. Please email me at my work email me both at my work***@******.*** and my personal***@******.*** Please let me know and thanks so much for your time.

Lawyer's Assistant: What confuses you?

Disregard I'm not confused?

Submitted: 11 months ago.Category: Family Law
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Answered in 7 minutes by:
9/30/2017
Family Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 15,708
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. I’m sorry to hear about yoru situation. Generally, you can file for divorce in the place you claim residency as there are certain residency requirements to file for divorce in a state. It doesn’t matter in what state you got married in. It only matters where you claim residency now. Under FL code section 61.021, et seq., 052, 19, you have to been a resident of FL for at least six months before you can file for divorce there. Even if you last lived in AZ, unless you lived there for at least six months, you won’t be able to file. Regardless, if you do not have any property there and do not normally call it home, you wouldn’t be able to file. Accordingly, FL may be the place that the divorce will take place.

One thing to keep in mind is that FL goes on guidelines for child and spousal support. If you click here, you can see a helpful document on the support guidelines the state has set up so you can try to predict what she may receive and what child support may look like. It is a long document, but it may be worth your while until you speak with a divorce attorney.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 11 months ago
the counter then is can I change my residency to TX to file in the state of TX. A critical part of my original request was whether I can file for an at fault divorce. If not, how heavily would the things I mentioned like her infidelity and constantly being on vacation rather than being involved with her children weigh in to alimony and custody.
Family Lawyer: Legal Eagle, Lawyer replied 11 months ago

Yes, you can change your residency to TX, but TX still requires you be a resident for at least six months as well. Currently, only Wisconsin, Washington, Oregon, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Iowa, Indiana, Hawaii, Florida, Colorado and California are true "not fault" divorce states. All other states allow you to have grounds for divorce such as adultery. The court may weight it as a reason for the divorce, but it may not enough to convince them that you deserve custody of the children. The court will look into what the best interests of the children would be instead, and that may or may not be with you, depending on the circumstances. Did you have any other questions for me?

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Customer reply replied 11 months ago
Why you of circumstances would deem me the better parent? She has gone through several different statuses, she originally was living in the same house, then she randomly would not come home, then she'd never come home, then she lets me know she was officially moved in, then 4 days later she said she's moving back in, then she comes by and says she's picking up things to bring to her house, then she says within 20 minutes that's not her house my house is her house, then she says she's returning to the states. Then she says she's living at his house then mine. She's not been and doesn't provide a stable environment. She's always traveling and seems to not want any responsibility. She mentioned moving my daughter out of my house and into her boyfriends tiny apartment. She didn't even have a bed for her and she moved in with this guy after month and a half. I've never even met him. Can she do that? And what can I present to make a good case for custody.
Family Lawyer: Legal Eagle, Lawyer replied 11 months ago

I think that listing those things that you've said she's done is a useful. Just come up with a reason why someone would believe that custody for her wouldn't be appropriate. For example, you could say that because she randomly doesn't come home, that would create an unstable environment. Or, you can say that because she is always traveling, it increases the risk that the child will be left in the care of someone who the child doesn't know. Things of that nature. It'll take time, but you can make the necessary arguments. Did you have any other questions for me?

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Customer reply replied 11 months ago
Can acase be made for her infidelity and willingness to work that she doesn't deserve the or can I fight her getting 45%. She said she discussed with a lawyer named ***** ***** and he said she was due 45%. We were married for 13 years this October. She recently told me she's never been attracted to me and thought she could deal with it. This feels like false pretenses? She has already said she's goi g to use it for whatever she wants including traveling. I've had divorced friends that state she can't so that. Thoughts?
Family Lawyer: Legal Eagle, Lawyer replied 11 months ago

I can understand your concern here. Like I mentioned before, you would need to tie her infidelity and work issues to whether she would be a good parent. No lawyer could tell you for certain how much you would be entitled to it because that would be up to you and her to work out or it would be up to the courts. You could argue that she got married to you under fraudulent circumstances, but again that would only matter depending on what you are looking for. If you were looking for custody or some money, then you could bring up the fraud issue, but if you are bringing it up just to have the court Grant you divorced in it really won't be necessary since Most states will grant you a divorce for virtually any reason. As far as the money, she can't use it for anything like that. She would have to use it for the reason that the court dictates. I would be very careful about trying to predict everything that is going to happen before you taken the steps of actually filing.

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Customer reply replied 11 months ago
two final things I need guidance on and then I will leave my feedback.
1. On the day that I confronted her, and another time in the past couple months, she has threatened to take the children and run to the states. Because I knew this I took and ma holding my children's passports as we are in foreign country. She stated that she spoke to a lawyer and he said I cannot legally do this. I believe she is a flight risk and told her as such as she has threatened this twice. I told her she can serve me court papers that dictate I must turn them over, which I would have a lawyer contest if necessary. The caveat is that she is asking to take them to Portugal in November. This is a trip that she paid for with my earnings, whichI did not approve, but she has access tot he accounts as she is still paying the bills. Would I be ordered to turn over the passports and if not can I have her sign a notarized letter stating she can take them to a certain location during a certain period of time, but then she must return the passports. Is till think it's a bad idea.
2. After confronting her about cheating at the beginning of June, her status has kind of changed several times. After being involved with a couple different men, she settled with someone towards the end and exclusively stayed at his apartment. Recently, she has seemed really anxious to return to the home where our children and I live. I get the feeling it is strategic. Also, I think it would be unsettling for the kids, as I never know whether there will be any stability. Within 3 months, she went from living here married, to living here and randomly coming home, to not coming home at all, to letting me know she was officially living at her boyfriends, then in the same day coming to pick things up to formally move into his place (she was living out of a bag)/to stating she was now living at my house/to stating I need to pay for her to fly back to the states. To complicate things, when she doesn't get an answer she like, she tries to put me in a bind....becomes suddenly unable to watch our children. When she asks my consistent response has been I need to seek legal counsel as to whether there is some strategic reason for her sudden desire to move back in (increase chances of alimony?) and whether not letting her back in on the grounds that it is destablilizing to the kids is a good argument. If I let her back in can it hurt me. Also, I'd like to get your contact info and estimate to file my divorce, in the event that her and I cant seem to see eye to eye. Thanks so much.
Family Lawyer: Legal Eagle, Lawyer replied 11 months ago

1. You two can come to an agreement about taking them to Portgual. She could potentially get a court order requiring you to turn them over, but a judge would probably order that the children had to be returned by a certain date.

2. I wish I could comment as to what she is doing and why with moving back and forth. It may be to get your attention. It may be to cause a stir. It may be due to some instability in her own mind. The reasons are endless, but the more consistent you stay, the better.

As far as my contact info, I certainly wish I could, but unfortunately, I got out of doing divorces last year. IN addition, I don't believe that I'm licensed in any of the states where you could potentially file.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Texas LRS - click here.

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Customer reply replied 11 months ago
if she moves in with another man, doesn't that hinder her ability to request alimony?
Family Lawyer: Legal Eagle, Lawyer replied 11 months ago

Not necessarily. The court only looks at your assets and debts and her assets and debts. Even if she moved in with a millionaire, they will only stay focused on the two of you.

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Customer reply replied 11 months ago
But isn't someone else supporting her at that point?
Family Lawyer: Legal Eagle, Lawyer replied 11 months ago

Practically yes, but the court only looks at the couple in a vacuum; they don't consider whether they married someone rich or someone poor. They only look at the assets of debts of the couple themselves.

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Customer reply replied 11 months ago
Sir, My wife asked me to buy her a car. I bought her a 2016 Volvo XC90 for $51K. Currently $15K is owed on the car. I drive a 2003 Volkswagen station wagon. Military families habitually have one good car and one commuter. She has asked me to buy her a new car with a cost of about $30K. She wants me to take over her vehicle and pay the remainder off and buy her a $30K vehicle. she states that she will just write a reduce amount for the savings account. Is it in my best interest to do this? Can she write down that a savings account that only I have access to has less money? If she's writing it lower because it would be if the purchases were made then I understand, but still don't think it's in my best interest. Thoughts?
Family Lawyer: Legal Eagle, Lawyer replied 11 months ago

It seems unusual if you were to buy her a vehicle and then she reduces the amount listed in the savings account. If you were to purchase a vehicle for her, then she should give you more in the savings account, not less.

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Customer reply replied 11 months ago
No what I mean is she is stating if I bought her a new car with money from the savings account, this would reduce the amount she lists as on the divorce paperwork. She states that she should get 45% of the remaining balance in my savings account, which is a medical separation payment from the AF, when I was separated in 2015 as a captain. She is also looking for alimony while living with someone else. What are valid reasons why alimony would be denied or reduced.
Family Lawyer: Legal Eagle, Lawyer replied 11 months ago

I see. If you were given money for medical separation then that's not going to be generally considered marital property generally so it won't be accessible. Also, if she is living with someone else, the court won't consider this because they're only looking at your and hers divisible assets and debts.

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Customer reply replied 11 months ago
where can i find proof that military separation pay is a non-marital asset
Family Lawyer: P. Simmons, Lawyer replied 11 months ago
P. Simmons
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Satisfied Customers: 37,974
Experience: 16 yrs. of experience including family law.
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