In the hustle and bustle of the modern world, people tend to move around a lot, making divorce much more challenging. If you are facing a divorce, and your spouse lives in Texas but you do not, or you live in Texas, but your spouse does not, you can work with any attorney you choose, but there are some important points to keep in mind along the way.
Call an experienced Round Rock divorce attorney to learn more about the best path forward for you in your unique situation.
Residency Requirements
In order to file for divorce in Texas, there are residency requirements that apply. To begin, either you or your spouse must have lived in the state for at least the six months prior to filing. Additionally, you must file in a Texas county that at least 1 of you lived in for at least 90 days prior to filing.
This means that if you live outside of Texas, you can seek a Texas divorce and can work with a Texas divorce attorney as long as your spouse meets these residency requirements. The same is true if your spouse lives outside the state of Texas, but you meet these residency requirements.
It’s also worth noting that Texas imposes a 60-day waiting period before a divorce can be finalized in the state. This means that the speediest divorce possible in Texas is 61 days following the divorce filing. Most divorces, however, take considerably longer.
Where You Married
Where you married generally doesn’t affect your ability to obtain a divorce somewhere else. As long as your marriage is legally valid in the original state, you can obtain a divorce from wherever you currently live – or from wherever your spouse currently lives.
Every state has its own residency requirements for divorce – in addition to other highly specific considerations – that makes it important to work with an attorney who is not only licensed in the state in which you’re seeking a divorce but who also is very well acquainted with the divorce process in the state.
A Note about Common Law Marriages
Some states recognize common law marriages and others do not. The State of Texas recognizes common law marriages that are established in the state – and those that are established in any other state that recognizes them.
In fact, every state in the nation – whether they recognize common law marriages that occur in their state or not – recognizes valid common law marriages from other states.
If you and your common law spouse are breaking up, there isn’t a less complex or less formal common law divorce process – you’ll need to go through the same process every other divorcing couple does.
For a common law marriage to be recognized in the State of Texas, all the following must apply:
You and your common law spouse must have agreed to be married.
You and your common law spouse must have lived together as husband and wife in Texas.
You and your common law spouse must have held yourselves out as a married couple to others, which can take a wide range of forms.
If you established a common law marriage in Texas and either one of you fulfills the residency requirements in the state, you can seek a divorce in Texas and can work with a seasoned Round Rock divorce attorney.
Parenting Time Complications
If you and your spouse live in separate states, it can further complicate the already complicated matter of your child custody arrangements, which tends to be one of the most challenging divorce terms. Texas courts are invested in the children’s best interests, and an important part of this is ensuring that they spend a considerable amount of time with both parents.
If your children are living primarily with their other parent in Texas and you’re seeking a Texas divorce from another state, the parenting time you’re awarded can be limited by the distance involved. A primary concern when it comes to parenting time rulings in Texas is how well the children’s current living situation – or status quo – is serving them.
And if they’re doing well living with their other parent in the state, the Texas court is unlikely to rock the boat. As a result, your parenting time may be restricted to longer visitations during the children’s longer breaks from school. The same is, of course, true if your children are living primarily with you and your spouse is seeking a Texas divorce from another state.
Where to File
If, for example, you meet the residency requirements in Texas and your spouse meets the residency requirements in another state, either of you can file for divorce in your state. This means that whoever files first will very likely establish jurisdiction in their state, and the divorce will proceed in that state but will be recognized in both.
There can be some advantages to filing for divorce first, and the convenience of keeping the matter close to home can be difficult to overstate. Further, working with a divorce attorney who is very well acquainted with the ins and outs of the local court can provide you with the peace of mind you’re looking for.
Your Divorce Will Be Recognized in Every State
A legally binding marriage in any state in the nation is recognized by every other state in the nation. The same is also true of divorce. If you are divorced in Texas – or any other state – every other state will recognize it.
Your Divorce Terms
Every divorce is unique, but the terms that every divorcing couple is called upon to resolve don’t vary, including:
The division of marital property
Child custody arrangements
Child support
Spousal maintenance – or alimony
If you and your divorcing spouse can resolve these terms between yourselves – with the focused legal skill of your respective divorce attorneys guiding you – there are considerable advantages involved, including:
The process is likely to be less time consuming and less costly.
You will retain considerably more privacy – court proceedings are a matter of public information.
You and your spouse won’t have to rely on the court to make primary decisions regarding your finances and your rights as parents.
It can minimize hostilities and animosity.
It can make things less stressful for your children.
If you’re unable to find common ground, you’ll likely need the court’s intervention.
The Division of Marital Property
In Texas, anything that you, your spouse, or you and your spouse acquired while you were married is marital property that will need to be divided between you fairly upon divorce. Fairly can mean equally, but based on the unique circumstances involved, it doesn’t necessarily mean equally.
The factors Texas courts consider when dividing marital property include all the following:
The length of the marriage
The contributions each spouse made to the marriage, including in relation to caring for the home and children
The size of the marital estate and of each spouse’s separate estate
Each spouse’s age and overall mental and physical health
Each spouse’s income
The tax considerations associated with the division in question
While separate property that either spouse brought into the marriage with them will remain separate, the line between separate and marital property can easily be blurred. For example, any intermingling of funds can weaken the claim of separateness.
Child Custody Arrangements
As mentioned, child custody in Texas is resolved in accordance with the children’s best interests, and the best-interest factors the courts turn to include all the following:
Each child’s unique physical, educational, emotional, and medical needs, including any special needs
Each parent’s ability and desire to effectively address these needs
The level of closeness each parent has cultivated with the children
The degree to which each parent is committed to effective co-parenting and to supporting the other’s close relationship with the children
The preferences of those children who are mature enough to voice them
The distance the parents live from one another
Sometimes, one parent becomes the primary custodial parent while the other has a parenting time schedule, but parents can also hammer out 50/50 child custody arrangements. The courts also offer standard parenting time schedules that range from every-other-weekend arrangements to schedules that divide time with the kids more evenly.
As mentioned, if you and your children’s other parents live in different states, the issue of child custody can be much more challenging. Protect your parental rights by working closely with a practiced divorce attorney.
There is also the matter of legal custody to address, which involves decision-making authority regarding primary parenting concerns like the following:
Your children’s healthcare
Your children’s education
Your children’s religious upbringing
Your children’s extracurriculars and travel
Legal custody can be sole, which means that one parent makes each of these important decisions on their own, or joint, which can take any of the following forms:
You and your ex make each of the decisions together – the way you did when you were married.
You and your ex keep making these decisions together, but one of you has the authority to break a tie if it becomes necessary to do so.
You and your ex divide these decisions between you according to category.
In an emergency, the parent who is most easily accessible must take on the decision-making responsibility, and for more mundane, everyday parenting decisions, the parent who is with the children at the time is called upon to make them.
Child Support
When parents divorce, their financial responsibility to their children doesn’t disappear, and child support is the tool the state uses to help ensure that both parents continue to pay their fair share in the context of their ability to do so. The parent who earns more typically has the child support obligation.
Alimony
When divorce leaves one ex unable to cover their reasonable financial needs and the other has the financial ability to help, alimony may be ordered. While there is no specific definition of reasonable needs in relation to alimony, the matter is considered in the context of the standard of living achieved during the marriage.
Factors such as the length of the marriage and the degree of financial discrepancy between the spouses tend to play a significant role in whether or not alimony is awarded. Alimony is designed to provide the recipient with the opportunity to gain greater financial independence through education or job training.
FAQ
If you’re facing a divorce that involves you and your spouse living in separate states, the answers to the following frequently asked questions may help.
Can I seek a Texas divorce if I live in another state?
Yes, you can seek a Texas divorce if you live in another state as long as your spouse meets the residency requirements.
Can I hire an attorney from another state?
As long as your divorce attorney is licensed in Texas, they can represent you in your Texas divorce. However, working with a lawyer who is very familiar with the court and local laws will serve you well.
Can I handle the divorce myself?
The terms of your divorce will set the stage for your future in terms of both your finances and your parental rights. It is always in your best interest to have skilled legal guidance in your corner.
Consult with an Experienced Round Rock Divorce Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is an accomplished Round Rock divorce lawyer who dedicates his imposing practice to fiercely advocating for favorable divorce terms that support his clients’ parental and financial rights.
To learn more about what we can also do to help you, please don’t hesitate to contact or call us at 254-781-4222 and schedule your free consultation today.