How Are Texas Divorces Handled When a Spouse Is Out of State?

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Updated on August 23, 2022

Divorce is always long and complicated, but if your spouse has left the State of Texas, the divorce process will likely be longer and more complicated still.

If you are pursuing a divorce and your spouse no longer lives in Texas, you need a skilled Central Texas divorce attorney on your side. Contact the Law Office of Brett H. Pritchard today to discuss options for your divorce case.

Obtaining a Texas Divorce

Every divorce is unique. Further, every state has its own unique requirements when it comes to divorce, and Texas is no exception. Texas has specific residency requirements that you must meet before you can move forward with a divorce:

  • To file a Texas divorce petition, the filing spouse must have domiciled—or maintained primary residence—in Texas for the six months prior to filing and must have been a resident of the county filed in for at least ninety days prior to filing.

  • A spouse who lives outside of Texas may file a Texas divorce suit against a Texas resident if that resident meets the above requirements.

Your Spouse’s Whereabouts

If your spouse lives outside of Texas, you can obtain a Texas divorce, but how you proceed will be determined by the circumstances:

  • If your last residence as a couple was in Texas and the suit is filed within two years of your last shared residence, you can file for a divorce in Texas.

  • If you and your spouse have been living separately for three or more years (whether your spouse lives in Texas or not), you will likely be able to obtain a Texas divorce on the basis of living apart. (Read more about separation agreements in Texas.)

  • Infrequently, the court will grant a divorce on the basis of abandonment. This is not common because Texas is a no-fault divorce state, and abandonment is a fault-based ground for divorce. To qualify, your spouse must have left you at least a year prior to the filing with the intention of abandoning you permanently.

If you are unsure if you qualify for a Texas divorce, speak with a Central Texas divorce attorney. He or she can help you by discussing options for your unique situation.

If Your Spouse’s Whereabouts Are Unknown

If you cannot locate your spouse, it makes your divorce that much more complicated. Read this article to find out how to serve divorce papers to a missing spouse.

If You Are Seeking a Divorce and Your Spouse Has Left the State, You Need a Central Texas Divorce Attorney

If you are seeking a divorce and your spouse is not living in Texas, an experienced divorce attorney can effectively and efficiently help you move forward with the matter.

Mr. Brett Pritchard at The Law Office of Brett H. Pritchard—serving Central Texas, including Belton, Temple, Gatesville, and Lampasas—has the skill and compassion to aggressively advocate for your case’s best possible resolution. For more information, please contact us online or call us at (254) 781-4222 today.

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