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  1. #1

    Default Moving divorce to Europe

    I used to live in TX but have been back to Germany (my home country) for 1.5 yrs now. The entire family (both parents and 2 kids, all German) moved back from TX to Germany in dec 04. My husband went back 2 weeks later and filed for divorce and custody in TX. The TX court has declined jurisdiction over the children (inconvenient forum) as asked by the defense. My attorney, however, did not file for the divorce to be sent to Germany (probably because the kids were my biggest concern).
    Now, the case has been pending since and nothing happens anymore.
    I have no financial means to pay an attorney in TX anymore, esp since my husband does not pay spousal or child support. I would like the TX court to dismiss the case and hand it over to the German court which has already offered to grant the divorce (custody and support are being dealt with here, anyways).
    There is an e-filing system for the district in TX through which I can file court documents. (I still have my TX driver's licence so that I was able to register for e-filing.)
    Here are my questions:
    How can I convince the judge to hand jurisdiction over to the German court?
    Is there anything like an "inconvenient forum" for divorce (as there is for the custodial issues)? And are ther any templates or "sample motions" I could use to find out how to file such a motion?
    Thank you for your help,
    Claudia

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.)

  3. #3

    Default 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?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

  5. #5

    Default 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...

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default 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.

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