QUESTION
I have a texas marriage license but live in colorado ..can my husband force me to come back to texas for divorce
Asked on Jan 03rd, 2013 on Divorce - Colorado
More details to this question:
My husband is very wealthy and pressured me to sign a prenup the day before our wedding that does not allow for spousal support. The problem is that he forbid from working outside of our home and he controls all the money and has been consulting with a high powered attorney from texas to the point where he took my laptop to him so they could download my hard drive to try and find something incriminating against me. I on the other hand have no money to get equal legal representation. I do not have a college degree and have been out of the workforce long enough to make getting a decent job almost impossible in this economy. What are my rights?
1 ANSWER
Komarovskiy Annya
First, if he controls the money and always has, he will likely be responsible for your attorney fees. You should definitely consult an attorney. The question is - in what state should you consult an attorney?
Jurisdiction (what state the divorce can happen in) is determined by where the parties live, not by where the marriage or wedding occured. How long have you lived in Colorado? How long has he lived in Texas? Do you have children?
In Colorado, you must have resided here, with an intent to live here permanently, for at least 90 days. If that is the case, we could certainly help you. If not, I am not licensed in Texas and you would need to contact a lawyer there.
As to the prenuptial agreement, it is only enforceable regarding spousal support to the extent it is not grossly unfair to you. The situation you describe sounds like it IS grossly unfair to you and can likely be challenged.
I strongly suggest you consult an attorney because the issues are complex and he has a much strong negotiating position.
Answered on Jan 04th, 2013 at 10:50 AM