Why not sue him for divorce in Texas, which I assume you are able to? I would first speak to a Texas attorney and see if you can.
This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.
If the case is filed in Florida, you will need an attorney who is licensed to practice law in Florida. It does not necessarily have to be one from Tallahassee, but keep in mind that if the attorney has to travel a great deal, you will be paying for that travel.
If the divorce has not been filed yet you can file it in Florida or Texas. However, if there are marital assets in Florida it may be better to file the action here but if not you would be better off to file in Texas. All courts of Florida would have jurisdiction but if you file here the action would need to be filed in the Circuit Court for the Florida county where you both last resided together. You can hire an attorney from anywhere in Florida for the Florida action but it is better to find an attorney located in the area where the case will be filed as you would want your attorney to be familiar with the local rules and judges.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
If your Husband has been living in Florida for at least six months, then Florida has jurisdiction to dissolve your marriage regardless of where you are living. I cannot speak as to what Texas law says under these circumstances.
A Florida court may order your Husband to pay for your attorneys' fees and costs if he is in a vastly superior financial position than you are.
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