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I married a my girlfriend in las vegaswhile she lived in…

Customer Question
I married a my...

I married a my girlfriend in las vegaswhile she lived in California,i live in texas,after 2 months she filed divorce in California. after 5 years the courts focused only on what money she wants. no divorce no child custudy nothing else was established. courts are done and still no divorce,can I file divorce here in texas??

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

California

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

Ive had 2 attornies $43000 laters and nothing they keep billing me with no results. at least here in texas I know I could get things done but since I have to travel to cali every courtdate it became expensive & judge would not allow phone calls for his own reasons

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

Just if I can file here in texas

Submitted: 4 months ago.Category: Legal
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Answered in 19 minutes by:
12/9/2017
Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,270
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

What did she actually file in CA, the court could not fail to rule on a divorce if a divorce was actually what was filed in CA. You say the case is closed, but exactly what type of case did she file against you in CA that led to only discussing money if you were only married for 2 months (as no spousal support should have been due)?

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Customer reply replied 4 months ago
She filed for a divorce ,then wanted half my company that I started before her & I got married,they didn't award her that just $4000 in child support,but when I asked about the divorce ,judge said my attorney can handle that which they didn't ,no established custody or visitation rights for my 2 boys,so now I go get them when "she" let's me,like I have to b ready when it's ok to travel to California to get them which is such an inconvenience.
Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

If a petition for divorce was actually filed in CA, then it must be heard in CA. If the court actually closed the case with a final decision and never ruled on the divorce, then you would need to appeal that case in CA, because it is improper for a court to rule on a petition filed in court asking for a divorce without issuing any final judgment on the divorce. Since the case was filed in CA first, GENERALLY the case needs to be continued in CA to pursue the matter.

However, if the court issued a final judgment and dismissed the actual divorce claim and closed the case on divorce, leaving you still married, then you could file in Texas arguing that since CA closed the case without ruling they released jurisdiction and as you are a resident of Texas you are entitled to file to dissolve the marriage in Texas.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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