Divorce proceedings can be intricate, especially when it involves couples living across state lines. Each state possesses its unique laws and regulations regarding the dissolution of marriage. When contemplating a divorce, it’s vital to understand the criteria set by the respective state where you intend to file.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC delves into the complexities of filing for divorce in Texas when your spouse resides out-of-state, offering expert guidance and insights. All case evaluations are in the light of Texas Family Law. This content is for educational purposes only.
Filing for Divorce with a Spouse Living Out-of-State in Texas
When considering a divorce in Texas and your spouse lives in another state, you are not prevented from filing. As long as you meet the requirements set forth by the Texas Family Code, you can proceed. Specifically, you should have resided in Texas for at least six months and in your specific county for 90 days.
Delving into the Texas Family Code on Interstate Divorces
Filing for divorce in Texas with a spouse residing in another state is guided by the Texas Family Code. To better understand the nuances, let’s break down the stipulations and highlight the exact statutes that pertain to this situation.
Residency Requirements
Domiciliary Requirement: According to Texas Family Code Sec. 6.301, “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.” This means that at least one spouse must have lived in Texas as their primary residence for at least six months before filing.
County Residency Requirement: Continuing from the same statute, the code mandates that one of the parties must be “(2) a resident of the county in which the suit is filed for the preceding 90-day period.” Therefore, apart from the state residency requirement, there is also a county-specific residency requirement to consider.
Where to File
Texas Family Code Sec. 6.302 addresses the scenario when one spouse has been transferred out of Texas due to military service. It states that a “domiciliary of this state who is absent from this state because of service in the armed forces” still satisfies the residency requirements, emphasizing the state’s flexibility in considering Texas servicemembers’ unique circumstances.
Grounds for Divorce
While the focus has been on residency requirements, it’s also essential to understand the grounds on which one can file for divorce. According to Texas Family Code Sec. 6.001 – Sec. 6.007, the reasons range from insupportability (commonly termed as “no-fault” divorce) to adultery, cruelty, felony conviction, abandonment, living apart, and confinement in a mental hospital.
Impact on Child Custody and Support
When spouses reside in different states, child custody and support become particularly sensitive issues. Texas Family Code Sec. 153 outlines provisions for conservatorship, possession, and access to a child, ensuring that decisions made are in the child’s best interest, irrespective of the parents’ locations.
Division of Property
Another crucial aspect is property division in interstate divorce cases. Texas is a community property state as per Texas Family Code Sec. 3.002, which means that most properties acquired by either spouse during the marriage are considered joint properties and are subject to division upon divorce.
By understanding these statutory guidelines, individuals can be better prepared when navigating the complexities of filing for divorce in Texas, especially when the other spouse resides out-of-state.
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Hire An Experienced Fort Worth, Texas, Divorce Attorney
Embarking on a divorce process in Texas with an out-of-state spouse adds layers of complexity. The presence of an experienced attorney can greatly ease the journey. Rooted in a tradition of excellence since 1973, the Turner-Monahan family stands as a pillar of expertise in family law.
At Turner-Monahan, PLLC, we prioritize your rights, delving deep into the specifics of interstate divorces to formulate strategies that resonate with your needs. Lean on Atty. Tyler Monahan and our dedicated team, as we uphold values of honesty, commitment, and a comprehensive understanding of every case we undertake. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “I Am In The Military. How Should I Prepare For Divorce?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Can I Do To Protect My Credit And Finances? My Ex Won’t Pay The Joint Card Payments.
- If A Parent Passes Away, By Law, Does The Other Parent Get Custody Of The Child?
- How to Prepare for Your Divorce: Tips from An Attorney.
- What to Do if Your Spouse Didn’t Serve You the Divorce Papers?
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 for 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.
