Re: Moving divorce to Europe
Quote:
Quoting ClaudiaGiehl
My attorney, however, did not file for the divorce to be sent to Germany (probably because the kids were my biggest concern).
What does that mean? If the Texas court has granted the divorce, it probably wouldn't be a big deal to register the divorce in Germany. (You would have to check with your lawyer, though, to learn the procedure.)
Re: Moving divorce to Europe
Quote:
Quoting aaron
What does that mean? If the Texas court has granted the divorce, it probably wouldn't be a big deal to register the divorce in Germany. (You would have to check with your lawyer, though, to learn the procedure.)
No, the divorce has not been granted yet.
There was one hearing on the case last August. After the hearing, the judge declined jurisdiction over the custody issue. He did accept jurisdiction over the divorce, but the defense did not ask them to dismiss the divorce part anyways. Nothing has happened since. I am still married. I would like to get divorced, though. Since I have no lawyer in TX it seems to be difficult for me do get the divorce through there. Therefore I want the case to be moved to Germany.
Makes more sense now?
:)
Re: Moving divorce to Europe
You may be able to get a divorce granted in Germany even with the Texas matter still pending. That's something to discuss with your lawyer.
Re: Moving divorce to Europe
The German judge does not want to make a decision on a case that is pending somewhere else.
No idea how I can get the case away from TX?
I really think it is not fair to leave me stuck with a case on which I have no influence whatsoever...
:(
Re: Moving divorce to Europe
If your husband lives in Texas, that state has jurisdiction to grant a divorce. (It may not be able to do more than that - as you note, it has no jurisdiction over custody or child support issues - but it can grant the divorce itself.)
I have no way of knowing the status of the Texas case, or why it hasn't been resolved. If your German lawyer can't help and the German court won't help, maybe it is time to consider hiring a Texas family lawyer to try to wrap things up in that state.
Re: Moving divorce to Europe
Thank you for your reply.
I wish I could hire an attorney. As I said, my husband pays no support whatsoever, so you can imagine that it would be very difficult to get the money together for an attorney. I will try to somehow file something through the e-filing system and see if the judge dismisses the case. I am just looking for good reasons to include in that statement.
But just to add some information: Texas DID have jurisdiction over the children and could have kept it. The attorney I had there at that time managed to have the custody part of the case dismissed. So the court determined that it is an inconvenient forum and that the German court would be a more appropriate forum. But, as §152.207 Texas Family Code (inconvenient forum) (d) states: "A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce (...) while still retaining jurisdiction over the divorce (...)."
The fact that the court DECLINED jurisdiction, but that was the decision of our judge. The court did have jurisdiction over the children at first, even though they were not living in TX anymore and had moved to Germany with the father's consent and following his wish.
(just in case somebody else ends up in this thread looking for information on custody matters and forum of inconvenience-decisions...)
take care
Claudia
P.S.: If anyone still comes up with good ideas on how to argue my motion for dismissal, all suggestions are more than welcome!