Tony Parker counter-sues for divorce from Eva Longoria in Texas

Bexar County, Texas: It appears that Tony Parker has initiated a divorce petition against Eva Longoria in Texas. In legal parlance, he has “counter-sued” for divorce in Texas. Interestingly, according to TMZ, he seems to claim that the breakdown of marriage was not due necessarily to “irreconcilable differences” but rather to a “breakdown in communication.”

Tony Parker and Eva Longoria in happier times

Although, that might be a matter of semantics.
Both Texas and California are community property states so it is unclear what advantage he gains by doing this. The only thing that is different is probably that he can get the whole mess behind in in half the time it would take in California (apparently divorces are adjudicated in under three months in Texas).  The thing I never understood is what reason a party would have for starting a divorce petition in one jurisdiction when another petition was already filed in another jurisdiction – and they have been served that petition. One can’t have two courts in two different states hearing the same divorce case, can one? One of those courts would have to decline to exercise jurisdiction since a pending action was alive in another state, correct? In which case, which petition will trump which? Arguably, Eva’s should trump Tony’s since hers was filed first. However, does California really have jurisdiction? It depends on where their “domicile” is. Or, perhaps more precisely, it depends on which is their state of residence – particularly, the marital residence: Texas or California. If there is a prenup – and by all accounts there is – it also might factor into it, depending on whether there is a venue clause in the prenup….Stay tuned for updates on this question because it is an interesting one. Why didn’t Tony simply answer the California petition, rather than commence his own action in Texas? Is it an issue where neither of them wants to be the one to travel? Tony works in San Antonio. Eva works in Los Angeles….maybe this is a fight over convenience. Both will claim that the other jurisdiction is forum non conveniens.
Can’t wait to see who wins.
Follow us on twitter for updates: www.twitter.com/divorcesaloon
Image: http://www.flickr.com/photos/lge/4639985845/sizes/m/in/photostream/