QUESTION

Where and how to file a divorce

Asked on Apr 16th, 2015 on Family Law - California
More details to this question:
We got married in Texas 13 years ago. I am lawful US Residence live in California since 2012 and Wife US citizen lives in Texas entire her life Which state I should proceed the process. CA or TX?
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1 ANSWER

With regard to divorce, it doesn't matter where you were married--it matters where you live. The big question is, are you in agreement regarding your issues? If you file in CA and she wishes to contest something, then she will have to come here to address the matter in court. The reverse is true if you choose to file in Texas. Each state has different laws with regard to divorce. Most people file in the state in which they live so they don't have to travel to the other state if there is a problem. It's best to first understand the issues involved such as spousal support, child support, custody, division of property, division of debt etc. Once you understand your issues, you can agree on these issues and avoid a court appearance in the CA courts.  
Answered on Apr 16th, 2015 at 4:37 PM

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