Corsicana, TX Divorce Law Firms & Lawyers

Yes, your wife can divorce you. You may want to start the proceedings here though, and very soon, so that the court here has jurisdiction. She cannot touch your social security payments because of Federal law, although if you are receiving any payments on behalf of your children, they might be used for child support. If you want to keep the children, you must ask the court to give you custody. In Idaho, the courts are required to maintain the parental relationship unless it would cause harm to the child. But again, in Idaho, one party cannot move out of state with the children without the agreement of the other parent or a court order. In that case, the court must find that it is in the best interests of the child to move. It doesn't sound like your pension is subject to community property, but it may be subject to child support.

I question the validity of a California decree providing for the forfeiture of what I assume is a community property interest in H;'s retirement upon remarriage (unless it was a form of spousal support and not a property division), but if valid the remarriage would not be cancelled by subsequent termination of the later marriage. In other words, if the right was indeed lost due to the re-marriage, the "re-divorce' would not revive it.

Unless you paid cash for the house and haven't made any payments, improvements, etc. since you got married, at least part of the house has been paid for with community funds, so at least part of its value is community property. She may not get half, but the judge will have the legal authority to give her something if there's any equity there. You need a lawyer to help you sort it out. Good luck.