If You and Your Divorcing Spouse Live in Different States

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Even in the most straightforward divorces, complexities abound. If you and your divorcing spouse, however, live in different states, obtaining a Texas divorce becomes that much more complicated. Better understanding the residency requirements in the State of Texas can help you determine what should come next for you, but one of the most important early steps that you can take is consulting with an experienced Fort Hood divorce attorney.

The Texas Residency Requirements

The residency requirements for a divorce in Texas include both of the following:

  • One of you – either the spouse who is filing for divorce or the spouse who is being served – must have domiciled in Texas for at least six months prior to filing. To domicile means to have maintained your primary home in the state.

  • One of you – either the spouse who is filing for divorce or the spouse who is being served – must have been a resident in the Texas county in which you file for at least 90 days prior to the filing.

If you meet both these requirements, you are ready to move forward with the Texas divorce process.

If Your Domicile is Outside of Texas

If you are filing for a divorce in Texas, but you make another state your primary home, you retain the right to file in Texas. You must, however, do so in the county where your soon-to-be-ex has been a resident for at least 90 days prior to your filing.

Jurisdiction over the Non-Resident

The State of Texas can retain jurisdiction over a non-resident respondent (the spouse who is being served with divorce papers) as long as the spouse who files meets the domiciling and residency requirements (see above) at the time that he or she files and as long as the following apply:

  • Texas was the couple’s last marital residence, and the divorce suit was filed before the second anniversary of the date on which the couple stopped living together.

  • There is no other basis at either the state or federal level that precludes Texas from exercising jurisdiction in the divorce matter.

When they arise, divorce matters related to jurisdiction are often quite complicated, and having a dedicated divorce attorney with considerable experience guiding these often difficult matters is in your best interest.

Turn to an Experienced Fort Hood Divorce Attorney for the Help You Need

Divorce is a complicated legal process that will directly affect your financial and parental rights, which is why you need the professional legal guidance of a focused divorce attorney on your side – and Brett Pritchard at The Law Office of Brett H. Pritchard in Fort Hood, Texas, fits the bill. Mr. Pritchard takes great pride in helping clients like you successfully navigate the divorce process and obtain favorable divorce terms along the way. For more information about what we can do to help you, please do not wait to contact us online or call us at 254-501-4040 today.


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