You have to be a resident (or your H does) of NY for one year although I *think* (and I am not 100% sure on this) if the cause for divorce takes place before the one year mark the residency requirements might change.
I know NY and Texas divorce laws are VERY different. I am not sure if the reason you moved back here makes a difference (IOW if you didn't move here you would lose your job or something along those lines).
My mom was in a similar situation and after being stuck in the NY court system for going on three years she finally removed her case and moved back to Louisiana (where she is from). She established the residency and proceeded that way.
Probably best to get a consult from an attny or two!
I had a friend who had considerable assets (we are talking multiple homes, ownership in a radio station and several million at stake) who lived in Texas and her divorce was NOT easy (her H was having an affair). From what I understood her to tell me Texas has far more stringent formulas for dividing assets and figuring support that did not work in her favor.
I don't know for sure but I would say talk to an attny!
He is sending me texts messages wanting to discuss what he spoke to his attorney about. saying his attorney can't speak to me directly only to my attorney. is this true?
M: 32 H: 34 S:5 D: 3 D: 1 Together 11 years Married 7 Bomb: PA/EA 8/13/09 (for 1 year on and off) ILYBINILWY: 08/09
"The end of suffering happens with the end of wanting." -Laura Munson
Yes, it is true. His attny can file the divorce papers and have you served (and you will be required to respond in twenty days). If your H is telling you the attny cannot talk to you there is a good chance he has retained counsel.
Start making calls today or first thing tomorrow and get some consults lined up.
Do not listen to a thing your H says and I would tell him flat out that you will NOT be discussing any legalities with him. Period.
Respond, "My attorney is handling the legal issues."
His attorney should not talk to you if you have a attorney.
M22,H45,W45 S21/18D12 Retain faith that you will prevail in the end, regardless of the difficulties and at the same time confront the most brutal facts of your current reality, whatever they might be.
Yes, it is true. His attny can file the divorce papers and have you served (and you will be required to respond in twenty days). If your H is telling you the attny cannot talk to you there is a good chance he has retained counsel.
Start making calls today or first thing tomorrow and get some consults lined up.
Do not listen to a thing your H says and I would tell him flat out that you will NOT be discussing any legalities with him. Period.
Your attny will guide you from there.
His attorney is my old boss' friend. He has been his attorney for YEARS. He handles all of his business matters and now this.
So he does have an attorney.
M: 32 H: 34 S:5 D: 3 D: 1 Together 11 years Married 7 Bomb: PA/EA 8/13/09 (for 1 year on and off) ILYBINILWY: 08/09
"The end of suffering happens with the end of wanting." -Laura Munson
