haventstartedyet
member
Reged: 10/01/10
Posts: 117
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I am divorced now, but my case is not in my homestate where I am currently living. I had to file in the state my X was/is living in.(a real PITA) I have been back in my homestate over a year and now am considered a resident. I need to know what I can do to move my divorce files to where I currently live...especially since I am intending to go to court over what i discussed in a previous post to this one. I would want the court date to be where I live & not the state X is in. Can anyone help with information about this? Has anyone been through this?
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8835
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I think you are jumping the gun here. You may NOT need to go to court at all.
You could simply offer that you pay half of what you have been paying. You both agree and there is no need for court.
As I mentioned below RE:"not safe" place - I doubt you will win this. If it is truly not safe he won't be able to bring dependants there. The other possibility why they may need a passport is he might be able to fly to Europe (or whatever) and visit with them there. Without details it is hard to offer advice.
You generally cannot "move" your divorce jurisdiction until BOTH of you have left the original jurisdiction. Which he hasn't done yet.
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Forgiveness is...letting go of the hope that the past can be changed.
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Renny
addict
Reged: 09/24/11
Posts: 479
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You open a case in your home state and have the decree domesticated, IThe home state then has jurisdiction of whatever case you wish to bring --modification, contempt. A petition for domestication requires an exemplified copy of the decree.
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haventstartedyet
member
Reged: 10/01/10
Posts: 117
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You have to know my X to know that he is taking the decree at face value....meaning he will still expect me to pay half of all costs...which will be outrageous. The place I am referring to is Honduras...please research it.
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Renny
addict
Reged: 09/24/11
Posts: 479
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Yes that is typical. It's like all the people who read the second amendment and think they are constitutional experts.
I generally agree with ellismom in the other post regarding what you reasonably owe for travel..
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8835
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She cannot domesticate the decree to her home state without her ex's permission UNLESS he has left the original jurisdiction. He'd be an idiot to consent while he is still there. And once he starts the case - even if he leaves the case is pending and must be adjudicated there, again unless he agrees to dismiss and refile where she lives. I don't see him doing that since there is no benefit to him and it makes things easier on her.
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Forgiveness is...letting go of the hope that the past can be changed.
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Renny
addict
Reged: 09/24/11
Posts: 479
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Hmm. Good point. I was just responding to this thread. I assumed that the kids' home state had been established in the OPs new home state and didn't know of a pending case in the ex home state.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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She would have to request a change in venue, which will be denied as long as her ex lives in the state where the divorce took place. I ran into the same issue with my ex.
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13.1...because I am only half crazy!
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