How to get divorced in US if married abroad

[Timona 4,208]

5 minutes ago, Mike E said:

I’m out. 

 

Take it easy. I wasn't treading on your toes.

 

I'll update the thread whatever happens. It may be useful to someone in the future. 

[STO Overland 137]

In my case, we were married in the UK and moved to the US, residing in Houston. Spouse was served with papers while in Houston and then she moved back to the UK about a week later. I attended a final court date with my attorney without ex-spouse (as she was in the UK) and had no issues. I discussed all implications of our situation with the attorney before signing up and he stated our case would be no different from any other. 

 

Not understanding what is happening in your friend's case. I hope it is worked out. 

[Timona 4,208]

32 minutes ago, STO Overland said:

In my case, we were married in the UK and moved to the US, residing in Houston. Spouse was served with papers while in Houston and then she moved back to the UK about a week later. I attended a final court date with my attorney without ex-spouse (as she was in the UK) and had no issues. I discussed all implications of our situation with the attorney before signing up and he stated our case would be no different from any other. 

 

Not understanding what is happening in your friend's case. I hope it is worked out. 

 

We're all surprised too.

How much did your attorney charge?

[STO Overland 137]

30 minutes ago, Timona said:

 

We're all surprised too.

How much did your attorney charge?

More than 20 years ago. $3000 for simple no contested case. 

[Happymallymute 50]

I had a DIY divorce in Virginia - what other forms do Texas accept for attempt at proper service? In Virginia, a string of methods had to be attempted before the court would acknowledge that you tried to serve them properly. For example, publishing a newspaper notice for a certain amount of time AFTER all other methods to reach the other party had been attempted. Just giving up after using a process server wasn't enough in VA. Maybe that is why the judge keeps kicking it back to you? 

 

Also, what did your friend list in the initial plea? In my initial plea I had to state facts that established to the judge who I am, who the spouse was, our ages, when and where we got married, that we were not in the military, etc etc. because it confirmed to the judge he had jurisdiction over my plea. 

 

 

 

[Timona 4,208]

41 minutes ago, Happymallymute said:

I had a DIY divorce in Virginia - what other forms do Texas accept for attempt at proper service? In Virginia, a string of methods had to be attempted before the court would acknowledge that you tried to serve them properly. For example, publishing a newspaper notice for a certain amount of time AFTER all other methods to reach the other party had been attempted. Just giving up after using a process server wasn't enough in VA. All these methods are listed in the petition and we've done ¾ of them. So I don't understand whatbhe wants us to do. See link of forms below

 

Maybe that is why the judge keeps kicking it back to you? He doesn't write anything apart from "personal jurisdiction may be a problem."

 

Also, what did your friend list in the initial plea? In my initial plea I had to state facts that established to the judge who I am, who the spouse was, our ages, when and where we got married, that we were not in the military, etc etc. because it confirmed to the judge he had jurisdiction over my plea. All those are in Divorce set for Texas and we filled, got signed and notarized. 

 

I don't think we can do publication on newspaper unless the judge signs. This is what we're chasing but the dude doesn't wanna sign to allow for the postage.

 

And we did the same plea as yours.

 

 

https://texaslawhelp.org/guide/i-need-a-divorce-we-do-not-have-minor-children/?tab=1&toggle=8

 

Edited September 18, 2022 by Timona

[Happymallymute 50]

That's so annoying and the limitation of a diy divorce. I think it will be worth a consultation with a lawyer - my case had hit a dead end at some point in the process and a lawyer who I consulted was able to make some calls to push the form to the judge. Nothing I could have done sadly. 

[elmcitymaven 9,712]

Usual prefatory remarks here -- I'm a lawyer, but not a Texas lawyer, and definitely not anyone's on here. All that being said: the judge is correct. He does not have personal jurisdiction over the absent spouse. I will not bore anyone with the topic of personal jurisdiction, but in general state courts are unable to "hale" into court anyone who is outside of their state, unless there is a long-arm statute on the books that permits them to do so, and thus establish PJ over the out of state person. Out of state PJ is not unlimited though, and in order to exercise it certain criteria must be met. This is the case here. If you look at the "Original Petition of Divorce" in Texas (accessible here: https://texaslawhelp.org/sites/default/files/2021-09/fm-divb-100_div_w_kids_petition_english_petitioner.pdf), it gives a thorough rundown of when a Texas judge may exert PJ over an out of state defendant in divorce proceedings:

Do any of these apply? Apparently not, if I am reading the OP's posts correctly. A quick consult with a TX family attorney is the best bet here if the spouse is not willing to submit to TX jurisdiction and file a waiver of service or answer. Looks like service by publication can get a little hairy in TX if there is any property involved and would not be a DIY proposition. 

 

Good luck. Contrary to popular opinion, attorneys are actually useful members of society every so often.

[Timona 4,208]

12 minutes ago, elmcitymaven said:

Usual prefatory remarks here -- I'm a lawyer, but not a Texas lawyer, and definitely not anyone's on here. All that being said: the judge is correct. He does not have personal jurisdiction over the absent spouse. I will not bore anyone with the topic of personal jurisdiction, but in general state courts are unable to "hale" into court anyone who is outside of their state, unless there is a long-arm statute on the books that permits them to do so, and thus establish PJ over the out of state person. Out of state PJ is not unlimited though, and in order to exercise it certain criteria must be met. This is the case here. If you look at the "Original Petition of Divorce" in Texas (accessible here: https://texaslawhelp.org/sites/default/files/2021-09/fm-divb-100_div_w_kids_petition_english_petitioner.pdf), it gives a thorough rundown of when a Texas judge may exert PJ over an out of state defendant in divorce proceedings:

Do any of these apply? Apparently not, if I am reading the OP's posts correctly. A quick consult with a TX family attorney is the best bet here if the spouse is not willing to submit to TX jurisdiction and file a waiver of service or answer. Looks like service by publication can get a little hairy in TX if there is any property involved and would not be a DIY proposition. 

 

Good luck. Contrary to popular opinion, attorneys are actually useful members of society every so often.

 

There's no property involved. 

Thing is, spouse is MIA. The divorce set was mailed to the spouse and even even a process server was hired. Can't locate spouse. So, no idea what the judge expects. Emails to spouse aren't are being ignored too.

[Boiler 45,795]

That form strikes me as being set up for relatively straightforward cases, or what Texas considers so.

[laylalex 7,293]

But if the spouse wasn't served and the person in Texas hasn't gotten permission from the court to do service by publication, how has there been service? Unlike the other poster, I'm not a lawyer but I do work in a law office and I know that in other kinds of civil lawsuits, there has to be some type of service. It's not enough just to have tried to serve personally and failed. You have to try every other way possible and then get the court to give you permission to serve by publication. Did your friend get permission to do that? Maybe the judge is expecting that. I also know (the hard way) if you ask a court "please explain to me what this confusing order means" they tell you to get an attorney, they aren't explaining it to you. I will echo the other people who said to get a lawyer to explain this to your friend. Many lawyers do free or low-cost initial consultations.

 

I found this which could help: https://texaslawhelp.org/article/service-by-posting-when-you-cant-find-your-spouse-in-a-divorce-without-kids

[Timona 4,208]

3 hours ago, laylalex said:

But if the spouse wasn't served and the person in Texas hasn't gotten permission from the court to do service by publication, how has there been service? Unlike the other poster, I'm not a lawyer but I do work in a law office and I know that in other kinds of civil lawsuits, there has to be some type of service. It's not enough just to have tried to serve personally and failed. You have to try every other way possible and then get the court to give you permission to serve by publication. Did your friend get permission to do that? You cannot serve by publication until you do the steps you've just mentioned. We've done ¾ of the steps. So, we were now telling the judge "Hey, we've looked for this spouse and done ¾ of what's listed here. Can you now sign off so that we do a publication?" It is this signing off that he doesn't wanna put his signature on.

 

Maybe the judge is expecting that. I also know (the hard way) if you ask a court "please explain to me what this confusing order means" they tell you to get an attorney, they aren't explaining it to you. I will echo the other people who said to get a lawyer to explain this to your friend. Many lawyers do free or low-cost initial consultations.

 

I found this which could help: https://texaslawhelp.org/article/service-by-posting-when-you-cant-find-your-spouse-in-a-divorce-without-kids This is what we intially used and actually even got free consultation from an attorney who directed us back to the same website as this case was straight forward....no debt etc..just straight divorce. 

 

Edited September 19, 2022 by Timona

[Palawan 131]

Would it be easier to get divorced if married inside Texas?

 

I had no clue it was that difficult to get married if married abroad and other person lived outside of Texas, very crazy.

[Timona 4,208]

2 hours ago, Palawan said:

Would it be easier to get divorced if married inside Texas?

 

I had no clue it was that difficult to get married if married abroad and other person lived outside of Texas, very crazy.

 

Hahaaha not sure about this. A lot of foreigners divorce as soon as they land in US..so I don't know what's wrong with our judge here. But I'll keep you guys updated 

[Palawan 131]

1 hour ago, Timona said:

 

Hahaaha not sure about this. A lot of foreigners divorce as soon as they land in US..so I don't know what's wrong with our judge here. But I'll keep you guys updated 

I am from Texas

 

Is the issue is he didn't file for 2 years after seperating?