On November 17, 2010, Eva Jacqueline Longoria Parker filed a petition for divorce (see it here) against William Anthony Parker II in a California Superior Court. According to the petition, there are no children. Eva Longoria does not specify any community property or separate property. She does request spousal support however she also references a Marital Agreement signed in June 2007 and amended on June 10, 2009. Eva Longoria filed her petition for divorce in California; reportedly, Tony Parker subsequently filed a petition for divorce in Texas thereby raising the Jurisdiction issue.
"Jurisdiction" is a legal concept that resolves the question of which court has the exclusive authority and power to proceed in a legal case when the same parties have filed the same lawsuit in two or more courts. As a San Diego Certified Family Law Specialist attorney, my office is trained to implement the concepts of Jurisdiction and Venue into our cases. There just is not enough factual information disclosed in the reports as to this case whether the case will proceed in California or Texas. My educated guess is that California will prevail as to the jurisdiction issue and the case will proceed to a conclusion in California. From the news reports it appears that Parker's filing in Texas was a reactionary move to force Longoria into settlement negotiations. Texas is known to complete divorce cases faster than California and to have a more conservative perspective on issues such as Marital Agreements that limit support as well as the spousal support issue.
If settlement negotiations or divorce mediation does not result in a settlement of the divorce cases, look for Longoria to aggressively seek her share of Tony's multi-million dollar basketball money. Look for Tony Parker to move forward with hearings in Texas to rule that Texas holds the exclusive jurisdiction for this case. Look for the Marital Agreement to be entered into one of the courts as evidence either in support or against the spousal support claim.