Divorce filed in a different state


#1

Dear davis29t:

Greetings. Since he has only applied for divorce in Texas, you can apply for child custody and child support here in North Carolina. You can apply for each issue separately. I would suggest that you contact the North Carolina Child Support Enforcement Agency and make a claim for child support through them so that you can complete this.

Also, if you believe you are entitled to alimony or if you have marital property which needs to be divided, you MUST file a court action for these claims prior to the date of the divorce, or you will lose your rights to alimony and equitable distribution. Remember that pension rights are included in equitable distribution. I hope that helps!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Do I wait until the divorce is finally or do I go ahead and file for child custody and support now? He is making claims that I have property that belongs to him. He left our home in June and was escorted by his chain of command to get his stuff. They make no mention of him getting what is missing, however, I do not have it. What do I need to do in this situation?

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#3

Dear davis29t:

Greetings. I would file for both now, and at a minimum the child support.

If they are requesting property from you, you will need to hire an attorney in Texas to file an answer for you denying that Texas is the proper format for dealing with the issue of equitable distribution since neither of you currently reside in Texas. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My husband and I am both in the military. He is a legal resident of Texas and has filed for divorce in that state even though we both reside in North Carolina. In the divorce paperwork, he makes no mention of the child that we have. Our son was born in North Carolina. There is also no mention of who gets custody or child support. What should I do?

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