Getting divorced when one of the spouses lives out of state adds some additional complications to the process. Most are easily accommodated, but you should consider them before you decide how to proceed.
An out-of-state divorce lawyer in The Colony could explain any legal complexities that might arise in your specific case. Contact our office today to work with a compassionate divorce attorney.
Courts in this state will not hear a divorce case unless one of the spouses meets the state’s residency requirements. One party to the divorce must have had their home in the state for at least six months preceding the divorce filing. In addition, the spouse must have lived in the county where the divorce was filed for at least 90 days.
The spouse who lives here does not need to be the one who files for divorce. Texas Family Code § 6.302 allows a spouse who resides in another state to file for divorce here if the other spouse meets the residency requirements.
Once a spouse submits their request for a divorce to the court, they must serve the court papers on the other spouse unless the other spouse has waived formal service. The legal process cannot move forward until the other spouse has been served. There are several ways to serve legal papers out of the state, and an attorney in The Colony could explain the most effective method in your specific case.
When a local judge hears a divorce case, they apply the state law to the proceedings. This is a community property state, meaning both spouses have equal rights to all property either spouse acquired during the marriage, except for gifts, inheritances, and a portion of damages in a personal injury lawsuit. Both spouses also are responsible for debts either spouse incurred.
Judges do not necessarily give half of the couple’s property to each spouse. They start with an equal division and then adjust as needed under the circumstances.
Alimony is not mandatory, and judges only award it in limited circumstances. A spouse considering divorce in The Colony should speak with a lawyer about how the law might impact a request for alimony, especially in an out-of-state situation.
All community property is subject to division according to the law, even if the property is located out of state. However, identifying and valuing property can be challenging when the property is elsewhere. When a couple has holdings outside the jurisdiction, they can assume their divorce might require more time to settle.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs child custody matters when parents live in different states. It ensures that a custody order issued in one state is enforceable in the other states.
The law gives jurisdiction over custody matters to the state where the children have lived with a parent for the six months immediately prior to the divorce filing. If the children have been living in Texas, a local court can handle the custody case. If the children make their home with a parent in another state, that state has the authority to decide custody matters.
A parent whose children reside in another state should speak with an attorney in The Colony about the impact this could have on the divorce proceedings and on the custody and visitation arrangements. These considerations might lead a parent to consider filing for divorce in the children’s home state instead.
There are some issues that are more complicated when couples who live in different states divorce. This is especially true if the couple has children and the children do not live here.
Before you decide how to manage your divorce, seek information from an out-of-state divorce lawyer in The Colony. They can analyze your situation and explain the implications of your case. Reach out today.
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.