Divorce becomes more complicated when spouses live in different states. Where a case is filed can affect timing, costs, and court authority. Understanding how Texas handles these situations can help avoid delays and mistakes early on.
In the video, Atty. Tyler Monahan and Atty. Heather Ogier of Turner-Monahan PLLC explain when someone living outside Texas can still file for divorce in Texas, including residency rules, jurisdiction, and cases involving children or property. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Filing for Divorce in Texas While Living Outside the State
Yes, absolutely. Someone who lives outside of Texas can still file for divorce in Texas. If the other party lives in Texas, then filing in Texas is often allowed. This is especially true if Texas was the last marital residence where the parties lived together. If the parties lived in Texas and still own property in Texas, then Texas is the proper place to file for divorce.
When Children Are Involved
If the party who lives in Texas has children, then Texas is also the proper place to go ahead and file for divorce. When children are involved, Texas courts often have the authority to handle the case if the children live in Texas or have strong ties to the state.
Jurisdiction and Texas Law
These rules are based on jurisdiction under the Texas Family Code and the Texas Rules of Civil Procedure. Jurisdiction determines whether a Texas court has the legal authority to hear the divorce case. Texas law allows divorce cases to be filed even when one spouse lives outside the state, as long as the legal requirements are met.
Which Texas Court Can Hear the Divorce
Even when a divorce can be filed in Texas, choosing the correct county matters. The case must be filed in a county where at least one spouse meets the residency rules. Filing in the wrong county can cause delays or dismissal. Courts look closely at where the Texas resident actually lives, not just mailing addresses or temporary stays.
How Property in Texas Affects Filing Location
Owning property in Texas can strengthen the connection to the state. If the marital home or other real property is located in Texas, Texas courts often have authority to divide that property. This can be important even when one spouse lives elsewhere, especially if selling or transferring property is part of the divorce.
Texas Residency Time Requirements
There are also specific amounts of time that a person must reside in the state of Texas before a divorce can be filed. For example, if one spouse resides outside of Texas but the other spouse has lived in Texas for at least six months, and has also lived in a particular county for at least 90 days, then a divorce can be filed in that county in Texas. This applies even if the filing spouse lives outside of Texas, especially when children are involved.
Service of Divorce Papers on an Out of State Spouse
When one spouse lives outside Texas, divorce papers must still be properly served. Texas allows service through approved out of state methods, but the rules must be followed carefully. Improper service can slow the case down or force it to restart, which is why correct procedure matters from the beginning.
What Does the Texas Family Code Say
The Texas Family Code sets the foundation for when a divorce may be filed in the state. Section 6.301 explains residency requirements, stating that one spouse must have lived in Texas for at least six months and in the county of filing for at least 90 days. This rule allows cases to move forward even when the other spouse lives outside Texas.
Section 6.305 addresses jurisdiction over a nonresident spouse. It allows Texas courts to exercise authority when the marriage took place in Texas, when Texas was the last marital residence, or when the nonresident spouse has ongoing ties to the state. These connections help Texas courts decide whether they can hear the case.
When children are involved, the Texas Family Code also works alongside child custody laws to determine which state has authority. Courts focus on where the child has lived and which state has the strongest connection to the child’s daily life. This helps prevent conflicting court orders between states.
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
Filing for divorce when one spouse lives outside Texas involves more than just choosing a courthouse. Residency rules, property location, children, and service requirements all play a role. Consulting with an experienced Texas family law attorney can help ensure the case is filed correctly and your rights are protected from the start.
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.
