Divorce can be a complex and emotional process, and it becomes even more complicated when you or your spouse lives in a different state. If you’re looking to transfer a divorce case to Texas, you’ll need to follow certain procedures and meet specific requirements to ensure a successful transfer.
In the video, Atty. Tyler Monahan of Turner-Monahan, PLLC, discusses the steps you need to take to transfer a divorce case to Texas, the factors determining if the transfer is possible, and the benefits of hiring an experienced divorce attorney to help you navigate the process.
All case evaluations at Turner Monahan PLLC and suggestions that the attorneys make are in the light of Texas Family Law. This content is for educational purposes only.
Transfer of Suit to Another State
Transferring cases from one state to another is not possible while the case is still pending. However, certain types of family law cases, such as divorce, child custody, child support, and possession cases, can be transferred from one state to another after the case is finalized.
In order to transfer a finalized case to Texas, the party or child involved in the case must have resided in Texas for the required period under the statute, which likely refers to the residency requirements for filing a case in Texas. Once that residency requirement is met, the party seeking to transfer the case can then register the foreign judgment in Texas to proceed with enforcing or modifying it.
It’s important to note that the specific procedures for transferring and registering a foreign judgment may vary depending on the state and the type of case involved. Therefore, it’s always advisable to consult with a qualified attorney or legal professional to ensure that all necessary steps are taken and to represent you in court.
What is Foreign Judgment in Texas?
In Texas, a foreign judgment is a legal ruling or order issued by a court in another state or country. This could include judgments issued in other US states or foreign countries.
For example, if a person obtains a divorce decree from a court in another state or country, that decree would be considered a foreign judgment in Texas. Similarly, if a person obtains a child custody or support order from a court in another state or country, that order would also be considered a foreign judgment in Texas.
In order to enforce or modify a foreign judgment in Texas, the judgment must first be registered in a Texas court. This involves filing a petition with the Texas court and providing certain documentation, such as a certified copy of the foreign judgment, to support the registration request. Once the foreign judgment is registered in Texas, it can be enforced or modified in accordance with Texas law.
How Does The Family Code Address Sibling Custody?
The relevant statutes of the Texas Family Code that address the question of transferring a divorce case from another state to Texas are:
Section 6.301 – “Residency Requirement for Suit for Dissolution of Marriage”
This section sets out the residency requirement for filing a divorce case in Texas, and provides the basis for determining whether a Texas court has jurisdiction over a divorce case. Here is the complete statute:
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.
Section 6.305 – “Transfer of Suit to Another State”
This section sets out the procedure for transferring a divorce case from a Texas court to a court in another state, and provides the basis for determining whether the other state has jurisdiction over the case. Here is the complete statute:
Section 152.203 – “Duty to Answer After Transfer”
This section sets out the requirements for a party to a child custody case to answer or appear in the court to which the case has been transferred.
Note that while these statutes do not specifically address transferring a divorce case from another state to Texas, they provide the framework for determining jurisdiction and venue in family law cases, which is essential to understanding the process of transferring a case between states.
Hire An Experienced Texas Family Attorney
Whether you’re a Texas resident looking to transfer your divorce case to your home state or a non-resident looking to initiate divorce proceedings in Texas, an experienced attorney can assist you in moving forward with confidence. So, if you’re ready to learn everything you need to know about transferring a divorce case to Texas, 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 “Do I Need to File for Divorce Even if We Are Not Married but Are Filing Taxes Together?”
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.
- How Does A Father File A Paternity Suit To Prove Paternity?
- Who Pays The Attorney Fees In A Divorce?
- What Is The Difference Between A Legal Separation And A Divorce?
- Can I Still Get Medical Insurance Benefits From My Spouse’s Employer After The Divorce?
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.
