Not for divorce. In the pleadings he will state that the marriage has become insupportable. If she wants the marriage to continue, she can only argue that there is a reasonable expectation of reconciliation. He will simply say, nope, she is too weird and keeps threatening to move out. Marriage can't handle that.
Like I said before, there is a lot more to it than I can hash out over this board. No cheating or anything, just a lot of dumb stuff. Reason I not in a big rush is she cannot do anything for a least a two months. Hell, for that matter, she will start thinking straight in the next couple of days and this will all be mute. I do not want to fight her for custody, She is a good mom and I'm a good dad. It's just as a lot of you know, pissed off women say some stupid things just to hurt you. Anyway, just looking for a way to make sure she cannot take the kids, without me me filling for divorce. Because there is no way is hell she would leave without them.
Also, just in case. Anyone have any recommendations for a lawyer on the north side ( Spring / Woodlands ) ? Something that's not going to cost an arm and a leg....
While I can understand that you can only pay legal fees that you can afford, also understand that you get what you pay for. http://www.lawoona.com/ This is a link to the website of Neal Anderson. His office is on Aldine-Westfield in Spring. I know him from bankruptcy court. He practices bankruptcy law and family law according to his website. He provides free consultations according to his website. I do not know how good he is. He may be just wonderful. I ran a google for "family law" spring texas, and his name came up so I thought I'd post it.
Yes, but I assumed from his comments that he wanted to avoid divorce (seeing as he asked the question with the qualification "without filing for divorce). Laws regarding divorce have really liberalized the last few decades so he could just about pine it unilaterally. So yeah, you are absolutely correct regarding divorce. You are missing the point, if she leaves they will have to file in diversity. So yeah, I think he wanted to know the alternative. Looks like he is getting an actual lawyer which is really the best thing to do. -V
I saw that, but if she leaves, and he files for divorce before she does, he will not have to file in diversity as long as he files within six months. The long arm keeps it in Texas family courts. I have just seen things like go south really quickly and people who try to work it out for several months start to lose their ability to get a simple divorce so it is good that he is seeing an attorney.
So how can she just take them away from him? They are his kids, too. How is it that she can deprive him of them and them of him with impunity? That makes no sense. It wouldn't be the first piece of law that makes no sense.
The other side of the coin is that he could also run off with the kids since they are his. He just has to let her know where they are. I agree it makes no sense. Trust me, it made my life a living hell for a long time. Jack, if she is threatening then she is thinking about it. I know how hard the situation is but you have no idea what an uphill battle you will fight if she bails. You say she has 2 months. That is the perfect time to get your ducks in a row. Divorce is tough enough without having the horror of not seeing your kids and the idea that you may never have them again. Just know that if you wait and she jets, you have a 50\50 chance of not having them here ever again. That means you never see your kids except a couple times of the year or you have to move to Maryland. I have faith that our resident lawyers know more about this than me. I just know that the day after I came home and my wife and kids were gone (as well as everything that I have ever owned) I went to the lawyers office and filed for divorce. I filed first. Regardless, we still battled over jurisdiction and it took months to get that resolved. Everything that you will do will take a long time. That will be time that you do not get to see your kids.
If he does file before her that is correct. I just assumed he was trying to avoid divorce, meaning if someone filed for divorce, it would presumably be his wife who is taking the kids to another state. Samurai Jack, for your sake I hope things work out with your wife, and not in the legal sense. I guess I am more of an idealist. Try to work things out until the very end even if it puts you at a disadvantage. "I do" is suppose to be "until death" so fighting for it in my opinion is a noble thing. Mulder is right, a lot of people would prefer to act now and get a simple divorce instead of trying to work it out and "having things go south," thus making it a complicated divorce. Either way, best of luck buddy.
