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If I file for divorce in TX, spouse lives in NC. Does she have to hire a TX attorney to contest? Or a NC attorney?

Wanted to know what I'm in for by conducting a divorce in a different state. Will it be trouble for her to contest (which i'm not complaining). We have no children little assets.

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Attorney answers (2)

Reputation Level 7
If you file an action in Texas, your spouse will most likely need to hire an attorney who has been licensed in Texas to appear on her behalf in court. There are some circumstances that allow an out of state attorney to appear in another state for limited purposes and typically under the "sponsorship" (for lack of a better word) of a local attorney (e.g. Texas attorney in this instance). However, that is typically too much trouble, particularly in a newly filed case. I assume you have contacted an attorney and know the jurisdictional requirements for filing in Texas and meet those. If not, you may want to discuss jurisdictional requirements such as length of residency in the State with an attorney before you file.

Reputation Level 7
Whichever state the divorce is filed in, any attorneys appearing will need to be licensed to practice law in that state, with the exception of some special circumstances that are likely not practical in this case. If there are no children and little assets, the case will likely be uncontested. In Texas, a party cannot contest the divorce action but can contest the proposed property division or terms for the children. You have no children and little property, therefore your wife will have a hard time "contesting" in this case.

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