If you and your spouse have made the decision to file for a divorce, making sure that you have met state and county residency requirements should be the next step in the preparation process. Each state in the nation has its own laws that cover how residency requirements for divorce work for the area.
Texas is a state that has its own set of divorce laws. In order to prevent your divorce from being stalled or denied completely, it is important that you understand the basics of this area of family law.
What are the Prerequisites to File for Divorce?
In order for any local court to accept your divorce case, your marriage must meet the state prerequisites to file. The law makes this information very clear but failing to meet these standards can lead to long waiting periods and issues involving further, unnecessary conflict of personalities.
Are You a Domiciliary?
In order to file for a Texas divorce, one member of the marriage must be a domiciliary of Texas for at least six months at the time of filing. This means that either you or your spouse must call a residence of the state of Texas their home. For example, you could own a condo in California, but have a primary residence you would regularly return to and reside in Texas for school and work. This would constitute as you being a domiciliary of the state.
County Requirements for Divorce
In addition to the domiciliary requirement, that person must have also resided in a particular county within Texas for a period of at least 90 days, and the divorce should be filed with a court In the county of residence.
What if You Need to File but Aren’t Sure You Meet the Requirements?
If you think you need to file a divorce in Texas, but do not think you meet these requirements, you should still consult with an attorney. Sometimes it is unclear as to whether the client has sufficient legal contacts with Texas to be legitimate domiciliary, but these contacts should be examined by an experienced Family Law attorney to see if they qualify.
Often there are exceptions to the residency requirements that may exist, such as military assignments, which may still allow you to file. In the alternative, you and your attorney may discuss alternate types of cases to initially file that have different residency requirements.
These sorts of filings may include things like temporary custody, child support, annulment actions, Restraining Orders and many other options.
Marx, Altman & Johnson Have the Experience to Help You Through Your Divorce
Going through a contested divorce can be a complicated process. Add on to the complications when there are residency issues stalling the legality of your divorce. Having a qualified family law attorney on your side can help you weigh your options and ensure you meet the requirements for divorce in the state.
Contact the office of Marx, Altman & Johnson today to find out more about our services and how we can get your divorce finalized in the state of Texas.