How to get divorced in US if married abroad

[Timona 4,208]

I'm helping a friend. I know and even Texas law says you can get divorced if you married outside,  provided you've established residency. But this judge keeps denying the application stating he doesn't have jurisdiction. Can someone help? I'm about to lose it...how do you get divorced if you:

1. Married outside US
2. Lived with your spouse in another state (GA).
3. Left spouse there and relocated to TX.

 

The Spouse is in GA and the process server cannot locate him. 

 

I'm helping a friend of mine we've sent this to the court twice, yet in both situations, the judge claims "he doesn't have jurisdiction. "

 

https://texaslawhelp.org/article/faqs-filing-a-divorce-without-children#can-i-get-a-divorce-in-texas-if-i-wasn’t-married-here

 

[Boiler 45,795]

I assume he meets the requirements so the only person who can answer your question is the Judge.

[Mike E 11,741]

If a judge is denying the case, then your friend needs to hire a divorce lawyer.  Even ifnitbia just for a one hour consultation. 
 

Still I don’t see how divorcing a spouse who lives out of  state and cannot be served is DIY. 

[Timona 4,208]

1 hour ago, Boiler said:

I assume he meets the requirements so the only person who can answer your question is the Judge.

 

1 hour ago, Mike E said:

If a judge is denying the case, then your friend needs to hire a divorce lawyer.  Even ifnitbia just for a one hour consultation. 
 

Still I don’t see how divorcing a spouse who lives out of  state and cannot be served is DIY. 

It can be. But I guess it's time to lawyer. 

 

I was just asking because I see a few cases here of people who divorced their foreign spouse from within the US. 

 

My friend has established Texas residency. So I'm not sure why this judge says "personal jurisdiction." Eitherway we go, if this gets solved, I'll surely come back to give updates

[Mike E 11,741]

37 minutes ago, Timona said:

 

It can be.

Could be a disaster for financial settlement if the spouse later claims there was no diligent effort to serve notice. 

Quote

 

 

 

I was just asking because I see a few cases here of people who divorced their foreign spouse from within the US.

I’m a foreign spouse who divorced an American 

 

Quote

 

My friend has established Texas residency. So I'm not sure why this judge says "personal jurisdiction." 

Are you certain the judge has a law degree or passed the state bar? 

Edited September 17, 2022 by Mike E

[Timona 4,208]

7 hours ago, Mike E said:

2. Could be a disaster for financial settlement if the spouse later claims there was no diligent effort to serve notice. 

 

1. Are you certain the judge has a law degree or passed the state bar? 

 

1. This is what I was thinking. Like, we supplied everything. I see foreign spouses here divorcing all the time, with their partners not ever stepping foot on US soil. The judge claims he doesn't have jurisdiction but we've gone through all the steps listed by Texas Divorce to show such, steps which are on the document we submitted. Those steps are listed there. So, they're easy steps. 

 

Additionally, my friend has established Texas residency. So, all boxes checked. 

 

What I advised was that my friend writes a formal letter and attach the screenshots in my first post because it seems the judge isn't up to date or may have never given divorce to couples living in different states. If that doesn't work, request for it to be moved to a different court. If that doesn't work, get an attorney. 

 

2. When you file online, you list your spouse’s email. So, my friend's spouse is definitely getting emails from court about every filing made. Seems they just don't want to respond to it. Additionally, process server cannot get them serviced, even on weekends. 

 

I actually think it's some law student, intern or newbie who just passed board exam who's reviewing these filing.

[Mike E 11,741]

@OldUser reacted with laughter to my question about legal credentials of the judge. Read https://www.abajournal.com/news/article/some_texas_county_judges_not_lawyers_yet_they_preside_over_pleas

[OldUser 7,035]

6 minutes ago, Mike E said:

@OldUser reacted with laughter to my question about legal credentials of the judge. Read https://www.abajournal.com/news/article/some_texas_county_judges_not_lawyers_yet_they_preside_over_pleas

Learning something new everyday. Unbelievable!

[Pinkrlion 2,724]

Your friend may need to consult a lawyer in GA also

[Timona 4,208]

12 minutes ago, Pinkrlion said:

Your friend may need to consult a lawyer in GA also

 

They were trying DIY.

Additionally, they got married outside US and she doesn't have GA residency anymore 

[Mike E 11,741]

2 hours ago, Timona said:

 

They were trying DIY.

Additionally, they got married outside US and she doesn't have GA residency anymore 

Yes but the spouse is apparently a GA resident. 
 

Consider the possibility that the TX judge is claiming lack of jurisdiction because the spouse hasn’t been serviced with divorce papers and/or not cooperating.  

[Timona 4,208]

51 minutes ago, Mike E said:

Yes but the spouse is apparently a GA resident. 
 

Consider the possibility that the TX judge is claiming lack of jurisdiction because the spouse hasn’t been serviced with divorce papers and/or not cooperating.  

 

My friend hired a GA process server who went to the apartment but MIA. Additionally, I if file a divorce case online and input my spouse's email, they get notified. So, my friend's spouse is definitely getting the notices. So, it's not like they don't know what's going on. I think that's why they're MIA to drag the whole process, something which they've been at and that's why my friend left GA too.

 

If there's a break through, I'll let you guys know. I'll keep you updated. 

[Mike E 11,741]

10 minutes ago, Timona said:

 

My friend hired a GA process server who went to the apartment but MIA. Additionally, I if file a divorce case online and input my spouse's email, they get notified. So, my friend's spouse is definitely getting the notices. So, it's not like they don't know what's going on. I think that's why they're MIA to drag the whole process, something which they've been at and that's why my friend left GA too.

 

If there's a break through, I'll let you guys know. I'll keep you updated. 

I don’t know TX or GA divorce law. I do know that in CO, unless the other spouse is served in person by a process server, the divorces generally isn’t going to move forward. Now if a spouse refuses to come to the door of the home, I am sure Colorado has a process for that.  
 

It was impossible for my ex wife to stay at home 24/7 and thus my lawyer assured me she would be served. My ex wife instead went to her lawyer’s office to acknowledge service.  
 

So unless your friend’s spouse has become a hermit, your friend needs to pay more money for a more thorough  process server.  
 

If that is still fruitless then according to what I’ve found for Georgia state law, one would file an affidavit of diligent search and then proceed with a service by publication. 

 

In Texas only select people can serve the notice: constable, or person authorized  by court or Texas law. Is the process server in Georgia authorized by Texas law? IANAL so I’ve no idea. Texas also lets one deliver with certified mail. If either of those work, Email or social media are acceptable. 
 

Certified mail, email, and social media are apparently not accepted in Texas.

 

 I totally get why a judge in Texas ain’t touching your friend’s DIY divorce with an unwilling spouse.

 

My guess is the judge wants someone competent in divorce law, especially cross state divorces, to represent your friend.  Your friend’s judge might be concerned about  censure from a judicial panel for slipshod work.   

 

 

[Timona 4,208]

13 minutes ago, Mike E said:

If that is still fruitless then according to what I’ve found for Georgia state law, one would file an affidavit of diligent search and then proceed with a service by publication. This is what we're chasing but judge won't sign even after we returned copy of diligent search. Per Texas, you do the search, then approach judge to sign off on posting. He doesn't want to do it.

 

In Texas only select people can serve the notice: constable, or person authorized  by court or Texas law. Is the process server in Georgia authorized by Texas law? Yes. IANAL so I’ve no idea. Texas also lets one deliver with certified mail. If either of those work, Email or social media are acceptable. 
 

Certified mail, email, and social media are apparently not accepted in Texas. Regardless, we did all this too because it's listed on the due search diligence. We did ¾ of the sheet, basically what we could  but the judge still doesn't want a sign. So, I don't know what is the use of this sheet in Texas law if a judge doesn't wanna follow it.

 

 I totally get why a judge in Texas ain’t touching your friend’s DIY divorce with an unwilling spouse. There shouldn't be any problem. Texas law, per my above screenshots allows it. So, he should take his hesitation up with the writers of Texas Law. We are just following what has been laid down. 

 

My guess is the judge wants someone competent in divorce law, especially cross state divorces, to represent your friend.  Your friend’s judge might be concerned about  censure from a judicial panel for slipshod work.   

A competent judge should know what we're trying to accomplish is on the constitution. I think this is an intern who's never left Texas replying to us.

 

 

Edited September 17, 2022 by Timona

[Mike E 11,741]

I’m out.