Do I let the court know my husband has been served with my divorce papers? 1 Answers as of July 08, 2011I live in Texas and my husband live in NC but he was recently served my divorce papers that I file in Texas and his lawyer has mailed me a letter stating that they did a service of publication on me and that I need to respond in my defense because he has ask for a court hearing and the lawyer gave me the dates the publication was made but he had been served my paper during this so called publication and he has help my soon to ex husband file a motion to dismiss my petition for divorce because he filed first and Texas does not have jurisdiction over him. But neither does NC over my children and me. Do I need to let his court know that he has been served my papers since they still filed for a hearing know that he got served and didn't the court that he filed in?
Reeves Law Firm, P.C. | Roy L. Reeves
You need a lawyer. I know that sounds a little self-serving but trust me, this is a jurisdiction issue. Jurisdiction is a huge topic in the first year of lawschool and something that has brought many cases to stand-still. Unless you have been to lawschool you are not capable of fighting a jurisdictional challenge - AND DO NOT HIRE A LAWYER WHO IS NOT A FAMILY LAWYER because you need someone who knows child custody laws, including the UCCJEA. Now with that said, do not assume NC does not have jurisdiction nor should he assume Texas does not have jurisdiction. There are factors - most importantly, where do the kids live and for how long.
Answer Applies to: Texas