Filing for Divorce: Where Can I File?

Sep 01

Filing for Divorce: Where Can I File?

Filing for Divorce: Where Can I File?

In most circumstances, a party should file a suit in their county of residence. However, there are important exceptions to this principle. This blog explores some factors to consider when determining an appropriate venue for your case. 

Residency

An essential prerequisite in the filing process is the identification of residency, or the counties in which each party lives. The Texas Family Code further clarifies that a party must demonstrate at least six months of domicile and ninety days of residency in a county before its courts will accept his petition for divorce. 

Acquiring Jurisdiction Over a Non-Resident Respondent

Texas courts may exercise personal jurisdiction over an out-of-state party if,

  1. their marriage occurred in Texas, and
  2. the corresponding suit is filed before the second anniversary of separation. 

Once a Texas court establishes personal jurisdiction, it receives authority to issue binding orders. Additionally, an out-of-state party may file for divorce in the domiciliary county of their spouse. Finally, a Texas court may gain personal jurisdiction over an out-of-state respondent if,

  1. the last marital residence was located in a Texas county and the suit is filed before the second anniversary of separation, or
  2. there is any other basis consistent with the Texas constitution and the United States.

Filing for divorce isn’t easy for anyone, be sure to contact an experienced family law firm to better prepare yourself.

 

Watch our short video, Which County Should You File Your Divorce

Request a Consultation

Submit the form below and a member of our intake team will contact you.

  • img
  • img
  • img
  • img
  • img

Brian and his staff were great. Brian’s direction and expertise provided me with the legal information relevant for my needs over several years now. He listens and is steadfast which gave me comfort in the courses of action. I highly recommend him.Brian and his staff were great. Brian’s direction and expertise provided me with the legal information...

Larry M.

img view all reviews img