Are You Required to File for Divorce in the State Where You Were Married or Where You Currently Reside?

Getting divorced is a life-changing decision, and the state in which you file will affect how your assets are divided, whether you receive alimony, and how quickly the divorce is finalized. Each state has its laws defining who is eligible to file for divorce. 

If you are currently filing for divorce in and require information regarding documentation and laws, then having an attorney by your side is advised. Each case is unique, so you will require relevant knowledge before proceeding. Schedule a free consultation with Turner-Monahan, PLLC., Fort Worth, Texas at https://tumolaw.com/contact-us/, to go over your case details. 

Divorce Cases And Location 

Every state has a separate set of rules regarding divorce and its proceedings. Couples can get divorced in any state regardless of where they were married. However, the divorce case will be dependent on the locations where the spouses are residing during the filing and how long they have lived in that location.

Filing For Divorce Under Texas Law 

In the video, Managing Partner Tyler Monahan of Turner Monahan PLLC explains that you can file for divorce in the state where you are currently residing. As far as Texas is concerned, you must reside in the state for a period of six months or longer prior to filing. You will also need to have lived in the county where you file for at least 90 days. 

In other words, if you were married in another state or even if your spouse lives in another state, as long as you meet the filing requirements of the Texas Family Code, you can proceed with the filing.

According to the Texas Family Code, Chapter 6, Sec. 6.301 and Sec. 6.302

GENERAL RESIDENCY RULE FOR DIVORCE SUIT:  

A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:

1)  a domiciliary of this state for the preceding six-month period;  and

2)  a resident of the county in which the suit is filed for the preceding 90-day period.

SUIT FOR DIVORCE BY NONRESIDENT SPOUSE:  

If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.

Our experienced team at Turner Monahan can help you with a Texas divorce. In case you belong to another state and want to get divorced in Texas, then you can contact attorney Tyler Monahan and schedule a free consultation

Get information on how to prepare for court in Texas, or learn if it matters who files for divorce first? Click here to find out more about our services. 

Why Do You Need An Experienced Fort Worth Turner-Monahan Attorney? 

As a family-centric practice, Turner-Monahan treats its clients like family as well. With your trust and our collaborative approach, we will be able to represent you more effectively over time. 

In addition to the valuable experience we can impart with our familial background, our solid years of experience will help us get the results you seek. If you need assistance, contact attorney Tyler Monahan and schedule a free consultation

Disclaimer

The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.

Speak to an Attorney today at the Law Office of Turner-Monahan to see how we can assist you in your divorce!

Share:

More Posts

Who Is Allowed to Attend a Mediation?

Mediation is an essential process in resolving disputes, particularly in the context of family law. It provides a controlled environment where parties can discuss their

Get A Free Legal Consultation