I am filling divorce and my wife told me to file in Ohio, she is moving there.
I heard where the "defendant " is, I have to file there.
Please tell me what is the filing requirements? She threatened me ,she will file financial support case in Ohio? How this works?
6 attorney answers
You will want to check with a lawyer -- and quickly -- before you do anything. You should look to see which state has -- from your perspective -- more favorable laws. For example, Texas typically does not make very generous alimony orders. But you have to file -- and perhaps serve -- first to get your choice of law.
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You need a Texas attorney asap.....
This is a general Q&A Forum for discussion purposes only. Anything read here should be considered marginal information at best. It would be foolish to make important decisions based on this information. Real-life legal decisions are important and should not be trusted to the free-flow of thoughts on the internet. If you need assistance, hire a professional who can listen to all of the facts and help you make informed decisions.
If your wife does not have any residency in Ohio why would you file there. If you have residency in Texas then file here. Most likely Texas probably has more favorable laws concerning spousal support that would be more beneficial to you then what Ohio offers. Meet with an attorney asap so that you will be able to get the process started the right way.
This answer is solely for informational purposes only. Ms. Obiselu practices mainly in Dallas, Collin, Denton, & Tarrant County.
Either party can file where that party meets the state domicile and county residence requirements. Wherever the case is filed that court can exercise its jurisdiction over the non-resident party if the non-resident party has had sufficient contacts with that jurisdiction or that jurisdiction is the last state of marital residence and it has been fewer than 2 years since filing of the divorce.
File in Texas. Filing Texas is proper if either party has resided in Texas for the last six months, and the county for the preceding ninety days.
There are usually no Defendants in a divorce case, unless third parties are joined in the case. Just a Petitioner and a Respondent. You are thinking of other types of lawsuits.
Don't get legal advice from your soon to be ex-wife. Assume whatever she says is for her benefit and not for yours. In this case, Ohio doesn't apear to have any basis for jurisdiction.
Ms. Laster practices in Dallas, Denton, Collin and Tarrant Counties.
It appears that the proper venue to file for divorce would be El Paso County Texas. In Texas, your venue is determined by the location where you or your spouse have resided for the 6 months prior to the filing of the petition for divorce. You should consult with a famoly law attorney to discuss your options. Good luck with your case.