Navigating the intricacies of family law can be a daunting task, especially when it involves elements from different jurisdictions. A common question that arises in our increasingly global society is whether a couple who was married overseas can file for divorce in Texas.
The answer, while dependent on specific circumstances, generally leans towards ‘yes’, but with certain considerations. In this article, we’ll explore the legal framework provided by the Texas Family Code, shed light on relevant statutes, and discuss how Turner Monahan, PLLC can assist in such matters.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Jurisdiction in Texas
The first step in determining whether you can file for divorce in Texas after getting married abroad is understanding jurisdiction. Jurisdiction refers to a court’s authority to make legal decisions and judgments. In Texas, the courts have jurisdiction over your divorce case if at least one spouse has been a domiciliary of the state for 6 months and a resident of the county in which the divorce is filed for the preceding 90-day period.
Texas Family Code and International Marriages
The Texas Family Code does not explicitly differentiate between marriages conducted within Texas and those performed abroad. According to the Texas Family Code, the essential requirement is the establishment of domicile or residency by at least one of the parties involved in the divorce. Therefore, the statutes relevant to filing for divorce, such as Texas Family Code, Section 6.301 (Residency Requirement) and 6.302 (Domicile in State), apply regardless of the marriage’s location, provided that the residency and domicile requirements are met.
The Legal Framework for International Divorces
When dealing with international divorces, several legal aspects come into play. Recognition of the foreign marriage is a prerequisite for filing for divorce. Texas law recognizes marriages conducted abroad as long as they were valid under the law of the jurisdiction where they were performed.
Once the marriage is recognized, the standard procedures and grounds for divorce outlined in the Texas Family Code, such as insupportability (§ 6.001), cruelty (§ 6.002), and adultery (§ 6.003), among others, become applicable.
In conclusion, while the process of filing for a divorce in Texas after being married overseas involves various legal considerations, it is feasible under the Texas Family Code, provided the residency and domicile criteria are met.
It is important to choose a team of attorneys who have the expertise and experience needed to maneuver the complex legal aspects of international marriages, such as those at Turner-Monahan PLLC.
Special Considerations
However, couples should be aware of potential complexities such as the division of overseas assets, understanding of foreign marriage contracts, and issues related to international custody disputes. These factors require careful navigation and a deep understanding of both Texas law and international legal principles.
Turner Monahan, PLLC: Navigating Spousal Support
Navigating an international divorce in Texas is complex but manageable with the right legal guidance. Turner Monahan, PLLC, with its deep commitment to understanding and achieving your unique goals, is well-equipped to handle the intricacies of such cases, ensuring your rights are protected in accordance with the Texas Family Code.
Whether you’re facing divorce, custody, or spousal support issues, we’re here to help. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
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.
