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In What State Should You File for Divorce

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  • 06-10-2014, 07:57 PM
    Patent Litigator
    In What State Should You File for Divorce
    In which state would it be more beneficial for my children and me to file for divorce, Texas or Arkansas? I can show residency in Texas and Arkansas.

    I've been married almost nine years. My separate property home (bought before marriage), in which my wife and two children live, is located in Arkansas. My job is in Texas, and I live in a Texas apartment during the work week. My son was born in Texas.

    My main concern is alimony. I know there's no alimony in Texas, but does that mean that child support is greater in Texas than in Arkansas? I don't mind paying child support if its truly for my kids. But I don't want to be robbed in the name of child support. My children are also in private school.

    My wife works full-time. I pay for all expenses from my separate bank account, except groceries and household supplies.
  • 06-10-2014, 09:20 PM
    Disagreeable
    Re: Divorce in Texas or Arkansas
    You file for divorce in your state of legal residence. You need to determine that.
  • 06-10-2014, 09:38 PM
    Patent Litigator
    Re: Divorce in Texas or Arkansas
    What determines legal residence? My driver's license is for Texas.
  • 06-10-2014, 09:43 PM
    Dogmatique
    Re: In What State Should You File for Divorce
    Quote:

    Quoting Patent Litigator
    View Post
    In which state would it be more beneficial for my children and me to file for divorce, Texas or Arkansas? I can show residency in Texas and Arkansas.

    I've been married almost nine years. My separate property home (bought before marriage), in which my wife and two children live, is located in Arkansas. My job is in Texas, and I live in a Texas apartment during the work week. My son was born in Texas.

    My main concern is alimony. I know there's no alimony in Texas, but does that mean that child support is greater in Texas than in Arkansas? I don't mind paying child support if its truly for my kids. But I don't want to be robbed in the name of child support. My children are also in private school.

    My wife works full-time. I pay for all expenses from my separate bank account, except groceries and household supplies.


    There is indeed alimony in Texas.

    :cool:
  • 06-10-2014, 10:10 PM
    Patent Litigator
    Re: In What State Should You File for Divorce
    Then BarBri doesn't know what they're talking about. :disillusionment: Is it the same kind of alimony as in other states, like Arkansas?
  • 06-10-2014, 11:39 PM
    BooRennie
    Re: In What State Should You File for Divorce
    I'm not sure if Texas can decide child custody over children living in Arkansas. :indecisiveness:
  • 06-10-2014, 11:46 PM
    Patent Litigator
    Re: In What State Should You File for Divorce
    Does that work for or against me?
  • 06-10-2014, 11:47 PM
    CourtClerk
    Re: In What State Should You File for Divorce
    Quote:

    Quoting Patent Litigator
    View Post
    In which state would it be more beneficial for my children and me to file for divorce

    Your children aren't filing for divorce...

    Courts do not allow you to venue shop. You have ONE state of legal residence. Where ever that is that's where you file. You're not going to choose a state based on what the financial consequences are; and I don't know who told you TX doesn't have alimony, but don't take your legal advice from them.
  • 06-11-2014, 12:02 AM
    Patent Litigator
    Re: In What State Should You File for Divorce
    Is this correct?

    Texas does not have alimony, but it does have spousal support. The court can order one spouse to provide financial support for the other during the time between the filing of the divorce action and the final decree. In addition, if the parties have been married for at least 10 years, and if the court finds that one spouse needs financial help, the court can order the spouse with greater earnings and earning potential to provide financial support to the other for up to three years. In special cases, such as a spouse with mental or physical disabilities, the time can exceed three years. The amount depends upon the ability of the paying spouse to pay, and the needs of the receiving spouse.

    http://www.sandiferlawoffice.com/familylawfaq.html
  • 06-11-2014, 12:21 AM
    CourtClerk
    Re: In What State Should You File for Divorce
    The terms are sometimes used interchangeably, but post divorce money is alimony.
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