Couples intending to divorce often move into separate homes before they start the legal process. Sometimes, the spouses live in different states.
It is possible to get a divorce in this state even if you or your spouse lives in a different state, but you must meet certain requirements. Speak with a Frisco out-of-state divorce lawyer to ensure your divorce proceeds smoothly. Call today to work with one of our dedicated divorce attorneys.
Some people have the misperception that they must divorce in the state where they got married but that is incorrect. A marriage that is valid in any state will be recognized as a valid marriage in Texas.
Similarly, a divorce that is valid in one state is valid in all states. The state where one spouse lives will recognize a divorce granted by the other spouse’s home state.
Laws pertaining to divorce vary between states—for example, Texas is a community property state where both spouses have equal right to everything either spouse acquired during the marriage. The law of the state where the divorce petition is filed will govern the proceedings. When one spouse resides in this state and the other in a different one, it is wise to consult with a Frisco attorney before deciding where to file for divorce.
A local court will not preside over a divorce case unless one of the spouses meets the state’s residency requirements. One of the spouses must have lived in Texas for at least six months before a state court would hear their divorce case. In addition, one spouse must have lived in the county where the divorce is filed for at least 90 days before the filing.
The spouse who files for divorce is called the petitioner and the other spouse is called the respondent. As long as either the petitioner or respondent meets the residency requirements, the petitioner can file for divorce in a local court.
Once the petitioner has filed the court papers initiating the divorce, they must serve the papers on the other spouse. Texas Rule of Civil Procedure 106 allows various methods of service. A lawyer could help the petitioning spouse with service of the divorce papers out of state.
Most states in the U.S. have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a law that ensures that custody orders issued in one state will be honored in every other state.
The UCCJEA determines which state has jurisdiction over child custody matters. According to this law, the children’s home state is the state where they have been living for at least six months prior to the divorce filing. The home state’s laws govern legal matters concerning the children, including custody and visitation.
Most states require judges to make decisions concerning children based on the children’s best interests, but states differ in how they define the concept. Some states allow children to decide where they want to live once they reach a certain age, and others do not. A divorcing parent with children living in another state should consult an attorney for a clear understanding of how the children’s home state’s laws might impact a Frisco custody proceeding.
When spouses live in different states, understanding what laws apply and where to file for divorce can get complicated. You need advice from a capable legal professional before deciding how to proceed.
Consult a Frisco out-of-state divorce lawyer for answers to your questions. We could explain the issues that might arise in your specific case. Call today to get started.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
