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Residency Requirement

Pearland Residency Requirements Attorneys

Helping Harris County & the Surrounding Areas Determine Their Divorce Qualifications

The divorce laws in Texas govern who might be eligible for filing a divorce in the state. Meeting the Texas residency requirements is vital to ensure that the court accepts a divorce case and does not dismiss it. If the court finds out that it has no jurisdiction over the case, it will not accept it.

A divorce lawsuit in Texas is not likely to be maintained unless at the time of its filing either the divorce petitioner or the respondent spouse has been:

  • domiciled in Texas for at least the preceding 6 months
  • a resident of the particular Texas County where the divorce lawsuit has been filed for the preceding 90 days

When one spouse has been domiciled in Texas for the previous 6 months or more, a spouse who is a domiciliary in another state (or country) may file a divorce lawsuit in the particular Texas County where the Texan domiciliary spouse is residing at the time of the filing of the divorce petition.

At The Dieye Firm, our Pearland residency requirement attorneys will work closely with you to determine whether you meet these requirements for divorce or not. Call our office at (832) 299-1990 today. 

Armed Forces Personnel

A resident of Texas who is serving in the military and is stationed either outside the state or the U.S. could still be considered by law as a Texas resident.

Armed forces personnel who have not previously been Texas residents, but have been stationed in a Texas military installation for the past 6 months or more and at a military installation in a Texas County for at least the past 90-day period, will be considered as the residents of Texas as well as residents of the particular county for the purpose of filing for a divorce.

Pregnancy

If one of the parties is married, it may be better to wait for the baby’s birth before seeking a divorce. The courts in Texas will usually not finalize the divorce if the wife is currently pregnant – irrespective of whether the husband is the father of the baby or not. The courts prefer to wait until after the baby is born. This ensures that any order related to the child is included in the divorce decree.

Options to Consider if You Fail to Meet One or More Residency Requirements in Texas

If you find that you are not able to meet one or more residency requirements for filing a divorce in Texas, you may consider the following options:

  • Make an attempt to save the marriage and avoid proceeding with a divorce.
  • Establish your residency in Texas at least for the minimum time period set forth under the state law. (This, however, does not imply that you need to delay the process of preparing documentation anyway.)
  • If your spouse meets the Texas residency requirements, have them file for the divorce.
  • Select a state other than Texas where you meet the local residency requirements. (Check out the state where you got married as one of the potential options.)

Don’t Wait! Contact Our Office Today.

The Dieye Firm is made up of a team of skilled and knowledgeable lawyers who will help you during your divorce process.

Complete our online contact form or call us at (832) 299-1990 for an initial consultation. 

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