Devine, TX Divorce Law Firms & Lawyers

The proper way to contest personal jurisdiction in the divorce suit is for you to file what is called a Special Appearance.   In it you can claim that you do not have sufficient contacts with Texas for the State to exercise jurisdiction over you.  There are exceptions.   For example, if you were a resident of Texas when you were married and then moved out of state in conjunction with your husband's orders, then Texas considers you to remain a Texas resident for divorce purposes.   One other point:  Your husband's claim that you will get nothing in Texas is simply wrong.   Among other things, you will be entitled to a pro-rata portion of his military retirement (assuming that he makes it to 20 years).  In addition, Texas values assets like retirement as of the date of divorce whereas California values them as of the date of separation.   Therefore, you would be entitled to slightly more retired pay if you divorce in Texas.

If you are in China, and were married in China, the it would appear that the divorce court in China would have jurisdiction to, at the very least, dissolve your marriage. With respect to any claim you might have to the assets of your husband, that will depend on international law and treaty agreements between countries. I suggest that you speak with an attorney who is familiar with Chinese law on these matters.

You do not have to be in agreement to obtain a divorce. However, due to the contested nature of the divorce proceedings, you should be prepared for the divorce to be more expensive than one that is agreed. If you have children, then you need to hire an attorney. I do not suggest you try and represent yourself in a contested divorce with children. If you do not have children, you might be able to do some of the initial paperwork on your own. However, I would still seek out an attorney for some basic advice to get you on the right track and (if your matter remains contested) you will need to hire representation for your final trial.