Live in Texas, now living in VA

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Latest post 02-09-2010 9:11 AM by icart6698. 2 replies.
  • 02-09-2010 8:51 AM

    • icart6698
      Consumer
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    • Joined on 02-08-2010
    • VA
    • Posts 3

    Live in Texas, now living in VA

    I lived in Texas with my spouse whom I can't find, I have been seperated for 3 years, and have lived in Virginia for the same amount of time. Can I file for divorce in Virginia? Also, I have a home in Texas which spouse trashed and its inhabitable. If I let the property foreclose, what happens regarding the divorce?

  • 02-09-2010 8:58 AM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 4,351

    Re: Live in Texas, now living in VA

    You have lived in VA long enough that you can file there.  You will have to make an effort to locate your spouse that is satisfactory to the court.  If you satisfy the court that you cannot find him, you may be able to divorce him by publication.

    If you let the house foreclose, it will hurt your credit.  If you both signed for the mortgage loan then you both are legally liable.  Whether the lender will pursue either of you for a deficiency judgment will depend upon whether your loan is recourse or nonrecourse. You will have to look at your loan paperwork to determine that one.

     

  • 02-09-2010 9:11 AM In reply to

    • icart6698
      Consumer
    • Not Ranked
    • Joined on 02-08-2010
    • VA
    • Posts 3

    Re: Live in Texas, now living in VA

    Kivi...thank you, I did exactly what the courts told me to, I had him served and he "lost" the paper and refused to sign, then moved from the house. I thought I found him in Dallas but when he was served he told them it was the wrong person. I did the the Citation, I filed every form I was told, I also did the publication in the paper. I flew in for the court date this past Friday and went before the judge who denied my divorce stating that he had the right to a ad litum because of us owning property?!? A property I have paying the mortgage on for the past 3 years, that I just found out he trashed and will need at least 25K worth of work done to it to even sell it and I can't afford that or  flying from VA to TX for court cases. ...

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