getting jurisdiction: who files first or who is served first? by #113537 ..... Divorce Discussion & Support Forum
Date: 4/7/2009 6:07:48 PM ( 15 y ago)
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URL: https://www.curezone.org/forums/fm.asp?i=1391805
I filed for divorce on Feb 24th on the grounds of general indignities (his alcoholism)... My spouse was served about 3 weeks ago. I have been a resident of Arkansas for 60 days prior to my filing date, which I am told is long enough to be considered a resident of AR. He still resides in Texas. My attorney has just received a counter complaint stating that he had filed against me in January, but I was never served. What are his chances of getting jurisdiction in Texas?
There are also 3 children involved. I left Texas with my 2 sons in November (my spouse helped pack and load the moving van). My teenage daughter stayed behind to finish the first semester, but is now with me. He voluntarily sent her here on an airplane "because he felt it was best for her to be with me" ... Now my attorney is telling me that his attorney is arguing that I have taken them without his consent. HE himself took her to the airport on March 27th, AFTER his attorney claims he filed for divorce.
There were no legal documents attached to the letter my attorney received from his showing proof of his filing date..grounds for his filing.. nothing.. she is trying to get to the bottom of this.. in the meantime I am freaking out, because we left a horrible situation. I am unsure about my rights of custody and where the jurisdiction will be.
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