He filed in the wrong county (Texas) Plese HELP!

[needinghelpinTX]

According to State Divorce Laws: Texas

Residency and Filing Requirements: In order to file for a divorce in Texas, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.

Now here is where my questions come in. I dont want to give out to much information seeing as how he obviousley doesn't know he filed in the wrong county.
To say the least, the divorce in the wong county is not going well for me at all. In the temp orders he got eveything even the children. Even though there was no reason for me loosing the children.

So, seeing as he filed in the wrong county that makes it all void right?

Which would mean I could file in my Correct county and basically start over?

Please help me, any advice would be great. I can't stand the though of the divorce continuing where it is and me loosing my children after supporting his career and being a stay at home mom for years.

 

[Scooterdog]

What makes it the wrong county? I don't understand that part of it. Neither of you live in the county or ever have where the divorce is filed? Were you married in that county?

Jurisdiciton should have been challanged long before you got to this point. It's not hopeless, just more complicated.

 

[needinghelpinTX]

Correct, neither of us live or have ever lived in the county it was filed. It's filed in the county next to where he lives. And we werent married there either. In all honesty this has been going on since October and I dont think anyone else has realised it's in the wrong county. I just realised it yesterday. But if everything isn't valid then when I have my kids next it can be filed here in the county where I live and the kids dont have to go back to him. He is currently under investigation by the cps and police for suspected sexual child abuse against our daughter and this would be a perfect way to remove them from the house since cps hasnt.

 

[Scooterdog]

Well, it's complicated lol.

I sent you a pm with more info

The problem that I see, is that the case has already moved forward, and nobody objected to jurisdiciction. It is now a different process/procedure you will have to follow.

You got a can of worms, but you also have, if you can beat this matter of venue, the court would have lacked jurisdiction to remove your children, no jurisdiction=no authority=Federal Action!

So there is a bright side to all of it lol. Chekc your pms, there may be a form that would help you.