Moving to another state does not always make the answer simple. In some divorce cases, the real issue is not whether the marriage is over, but which court has the power to handle it. That question becomes even more important when there has been a recent move, the property is still in Texas, or children are involved.
In the video, Atty. Tyler Monahan and Atty. Heather Ogier of Turner-Monahan PLLC discuss when Texas can still handle a divorce after someone has moved away, including residency rules, timing, and why property in Texas may still matter. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Can Texas Still Handle the Divorce?
If you do not live in Texas and do not meet the requirements under the code, then no, Texas cannot handle the divorce.
That is usually the starting point in these cases. Before anything else, the court has to have the right to hear the divorce. If the court does not have that right, the case cannot proceed properly in Texas. This is why residency rules matter from the very beginning.
Texas Residency Requirements for Divorce
The requirements are 6 months in the state of Texas and 90 days in the state and county where you want to file. If those requirements are not met, you cannot file for divorce in Texas at that time.
These rules matter because the court needs a clear connection to the person filing. If that connection is not there yet, the case may need to wait. In many situations, people think they can file anywhere, but that is not how it works. The court must have the legal basis to take the case.
What Happens If You Recently Moved?
Now, if you happened to move and have only been outside of the state of Texas for, say, 30 days or 60 days, that can make a difference. If you have not been in the other place long enough, and if that particular venue or state does not offer another way to file within 30 days or immediately, you may still be able to file back in Texas if you want to.
This is why timing can matter a lot. A recent move does not always immediately cut off your ability to file in Texas. Sometimes, the new state has not yet become the proper place to file. In that kind of situation, Texas may still be the better option depending on the facts.
Why Texas May Still Matter
This can especially matter if you still have property here in the state. In that situation, Texas could still be considered the resident state at that time.
Property, recent residency, and timing can all play a role in where the divorce can be filed. These details are important because filing in the right place can affect how smoothly the case moves forward. It can also affect how quickly you can get started. Looking closely at these facts can help avoid delays and filing problems later.
What If Only One Spouse Still Lives in Texas?
Many people assume both spouses must still live in Texas for a Texas divorce to proceed, but that is not always true. In some cases, if one spouse still has the right Texas connection, that may be enough to keep the case here.
This matters because the court looks closely at who still has ties to Texas and how long those ties have existed. So even if one spouse moved away, the facts may still support filing in Texas, depending on where the other spouse lives and whether the legal requirements are met.
Why Children Can Make the Jurisdiction Question More Complicated
When children are involved, the divorce itself is only one part of the case. The court may also need the power to make decisions about custody, visitation, and support, and that can raise a separate question from where the divorce is filed.
This is important because a court may be able to handle the divorce, but may still have to look closely at whether it can make orders about the children. If a child has been living in another state, that can change which court has the stronger connection for child-related issues.
Why Filing in the Wrong State Can Cause Delays
Filing too early or filing in the wrong place can slow everything down. If the court lacks the proper legal connection, the case can be challenged, delayed, or even dismissed.
That can cost more time and more money. It can also create stress when a person thinks the case has started, only to find out the court may not be able to keep it.
What Should Be Looked At Before Filing?
Before filing, it helps to look at the full picture and not just the current address. Things like when the move happened, where the spouses last lived together, where the children have been living, and whether there is still property in Texas can all matter.
These details may seem small, but they can change where the case should be filed. Looking at them early can help avoid mistakes and make the process clearer from the start.
What Does the Texas Family Code Say?
The Texas Family Code gives the basic rules that help answer these questions. Section 6.301 says a divorce case cannot be maintained in Texas unless, when the case is filed, either the petitioner or the respondent has been a domiciliary of Texas for the previous six months and a resident of the county of filing for the previous 90 days. That is the main rule the court starts with in most divorce filing questions.
Section 6.302 adds another important point. It says that if one spouse has been a domiciliary of Texas for at least the last six months, a spouse who lives in another state or even another country may still file for divorce in the Texas county where the Texas domiciliary spouse lives. This is important in out-of-state divorce situations because moving away does not always end the ability to file in Texas.
Section 6.305 deals with personal jurisdiction over a nonresident spouse. In simple terms, that section explains when a Texas court may still exercise authority over a spouse who does not currently live in Texas. That can matter a lot when the case involves more than just ending the marriage, such as dividing certain obligations or dealing with other parts of the case that require the court to have authority over the other spouse.
If children are involved, the Family Code also looks at the child’s home state. Section 152.102 defines home state, and Chapter 152 explains that this usually means the state where the child lived with a parent for at least six consecutive months right before the custody case began. That is a major point because the divorce may be tied to one state, while child-related issues may depend on where the child has actually been living.
Another useful section is 105.001, which allows the court to make temporary orders before the final order in family law cases. This matters because once the right court is involved, there may still be immediate issues that need to be handled while the case is pending, such as temporary arrangements involving children, property, or support.
Consult with a family law attorney to review your situation and ensure your inheritance remains secure under Texas law.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Out-of-state moves can complicate a divorce filing, but they do not always take Texas out of the picture. The answer often depends on timing, residency, children, and whether Texas still has a strong legal connection to the case. It is smart to consult with a family law attorney who can closely review the facts and help determine where the case should be filed.
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 about your case. There is tons of information on divorce and answers to unique questions like “How Can Parents Establish a New Normal That Prioritizes Their Children?”
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.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended 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, PLLC, by signing a written retainer agreement.
