When a spouse lives out of state, the divorce can still be filed and handled in Texas, but the small details matter more. The biggest problems usually come from paperwork timing, communication gaps, and misunderstandings about what the court will accept. Putting a clear plan in place early can prevent delays and keep everyone on the same page.
In the video, Atty. Tyler Monahan and Atty. Heather Ogier of Turner-Monahan PLLC discuss how an out-of-state spouse can still be represented remotely, and when Texas courts may require in-person hearings versus allowing motions, agreements, or Zoom mediation. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Can We Represent the Out-of-State Spouse Fully, Remotely?
At Turner Monahan, we can represent the spouse who lives out of state, even if their job and their kids still live here in DFW.
But can we represent them fully, remotely? Absolutely!
We have done that before, and it definitely can be done. In many cases, the work can be handled through phone calls, emails, and remote meetings, while still keeping the case moving in the right direction.
What Really Matters: Will the Court Require In-Person Hearings?
The question becomes whether the court will require the out-of-state party to appear and attend hearings. That depends a lot of times on the situation. It can depend on whether the party is living out of state, and if the other spouse had moved with the children and moved to Texas, and it may have been an amicable split. It can also depend on situations where maybe the person did not know where they had gone. In those types of situations, the courts may not require the out-of-state spouse to show up down here.
At the same time, many courts now, especially in Tarrant, Parker, Denton, Wise, Ellis, and Johnson Counties, want people to attend hearings. Many are not allowing Zoom or telephonic appearances, but we can still file a motion with the court to request those things. It is really going to be up to the court at that point in time.
When an Out-of-State Spouse May Not Need to Come to Texas
If it is agreed, and if a court appearance is not required, then there will not be any reason for that other party, the out-of-state party, to appear in Texas. For example, if we are not going down to the courthouse on temporary orders or other motions, then travel may not be needed. A lot of these steps can be handled by agreement, and that can help keep things simpler for everyone involved.
How the Divorce Case Gets Started When One Spouse Lives Out of State
One of the first practical issues is making sure the out-of-state spouse is properly served with the divorce papers, or chooses to sign a waiver if that is appropriate. Service is not just a formality. If it is done wrong, the case can slow down, or the court can refuse to move forward.
At Turner Monahan, we focus on getting this step handled cleanly so the case can keep moving. If someone has recently moved, it is also important that the court has the correct address for notices and deadlines. In some cases, safety concerns or unclear location issues can change how service is handled, so it is important to talk through the facts before choosing a path.
How Agreement and Mediation Can Help Keep It Remote
Many parts of a divorce can be handled by agreement, and mediation can even be conducted by Zoom. This can be a helpful way to resolve a divorce amicably as well. When both sides are able to work toward an agreement, it often reduces the need for in-person court hearings, which can be important when one spouse lives out of state.
Handling Documents and Signatures From a Distance
A divorce usually involves a steady flow of documents, not just the final decree. Financial statements, account records, proof of income, and parenting information often need to be collected and shared. When a spouse is out of state, the key is building a simple system so nothing gets missed.
At Turner Monahan, we often help clients set up a clear process for sending documents securely, reviewing drafts, and signing paperwork without confusion. It also helps to keep a written timeline of what was sent, what is still needed, and what has been filed. This is especially important when work schedules are busy and time zones do not match.
What Does the Texas Family Code Say About This Situation?
Texas Family Code Section 6.301, Residency Requirements for Divorce
Texas has a basic residency rule for filing for divorce. At the time the divorce is filed, either the petitioner or the respondent generally must have been a domiciliary of Texas for at least six months and a resident of the county of filing for at least ninety days. This matters in out-of-state situations because one spouse can still file in Texas if these requirements are met.
Texas Family Code Section 6.302, Divorce Filed by a Nonresident Spouse
If one spouse has been a domiciliary of Texas for at least the last six months, a spouse who is domiciled in another state or nation may file for divorce in the county where the Texas domiciliary spouse lives at the time of filing. This can come up when the out-of-state spouse needs to start the case, but the other spouse is the one who meets the Texas residency rules.
Texas Family Code Section 6.305, Jurisdiction Over a Nonresident Respondent
Texas Family Code Section 6.305 addresses when a Texas court may exercise personal jurisdiction over a nonresident respondent in a divorce. It includes situations such as Texas being the last marital residence and the case being filed within a specific time frame, or another basis consistent with constitutional limits.
The Section also states that when the court acquires jurisdiction under this section, it also acquires jurisdiction over the respondent in a case affecting the parent-child relationship. This matters when a spouse is out of state, but the case involves kids and parenting orders.
Texas Family Code Section 152.201, Child Custody Jurisdiction and the Child’s Home State
When children are involved, Texas Family Code Section 152.201 is part of the Uniform Child Custody Jurisdiction and Enforcement Act. It explains when a Texas court has jurisdiction to make an initial child custody determination, including when Texas is the child’s home state. If the children have been living in Texas for the required period, Texas may be the right place for custody decisions even if one parent lives out of state.
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
Living out of state does not automatically stop a divorce from moving forward in Texas, but it does make planning more important. The clearer the paperwork, communication, and parenting details are, the smoother the process usually feels.
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.
