It is possible for an individual to file for divorce in a state that is not the state in which they live. The only requirement is that the individual’s spouse must live in the other state and meet the residency requirements for obtaining a divorce in the state.
There is a residency requirement for individuals filing for divorce in Texas. One of the spouses must have lived in Texas for at least six months prior to the filing for a divorce. In addition, one of the spouses must have lived for at least 90 days in the county in which one of them files for divorce. One of the advantages of filing for divorce in Texas is that the grounds for divorce are both grounds that involve assigning fault and grounds that are no-fault.
Does Texas Recognize Out-Of-State Marriages?
Texas does not maintain a registry for out-of-state or foreign marriages. But Texas law recognizes that a marriage legally entered into in another state or even in a foreign country is valid in Texas. If the marriage is expressly made void by a Texas statute, then it would not be recognized as valid in Texas. But such marriages would be the exception and not the rule.
If an individual gets married outside of Texas using a Texas marriage license, which it is possible to do, they need to go back to the county in which the license was issued within 40 days after the marriage ceremony takes place to complete the license. This makes it possible for a couple to have a “destination wedding” with a Texas marriage license.
How Can I File for Divorce When My Spouse and I Reside in Different States?
In a situation in which spouses live in different states, they would analyze the residency requirements of each to see in which state one of them meets the residency requirements. If they both meet the residency requirements in the states in which they live, then they have a choice. They can file for divorce in either of the states in which one of them lives.
Some states make exceptions to their residency requirements in emergency situations. For example, if one spouse is guilty of spousal abuse, the court may deal with the situation immediately, even if residency requirements have not been met. But this depends on the law in each state.
Generally, state rules regarding residency must be followed if a spouse is filing for divorce. Exceptions may be made in emergency situations if necessary to keep people safe. Courts may accept jurisdiction of a case in an emergency even if residency requirements are not met.
States have different rules regarding emergency exceptions. Some states offer more flexibility than others. Some states may require an individual to prove that they are in danger. An individual would want to consult a local Texas attorney, if they are in an emergency situation in Texas.
What Are the Pros and Cons of Filing for Divorce in a Different State?
The answer to this question would depend on many possible factors. An individual who could file for a divorce in one of two states, the one in which they live or the one in which their spouse lives, would have to analyze the situation.
They would begin by ensuring that they have a choice because each spouse meets the residency requirements in the state in which they live.
They would then want to compare divorce laws in both states. Divorce is a state law matter, and each state applies its own laws to the issues that arise in a divorce, e.g., division of property and child custody and support. The law in one state might be very different from the law in the other state in which an individual might seek a divorce. A legal consultation would be the best course of action to help an individual decide if they should get an out-of-state divorce.
However, it is also true that the law of divorce in different states may well be quite similar in most important respects. There may be differences that are important in an individual’s case. For example, Texas is a community property state. In a community property state, a couple’s property must be characterized as community or separate. If an item of property is characterized as community property, then it must be divided equally between the spouses.
Only 9 states are community property states. All other states divide marital property in some way that a court views as equitable. If an individual wants community property law to apply to their divorce, they might be better off filing in a community property state. The judges in a community property state would probably be better informed about how to work with the law of community property than a judge in a non-community property state.
The question of the characterization of property acquired during marriage and how it should be divided in a divorce is not a simple question. The courts of one state may apply the law of another state if the property was acquired by the couple in the other state. Property that is acquired as community property in a community property state is likely to be treated as community property and divided as such by a court in a non-community property state.
However, if a couple exchanges community property for other property in another state to which the couple moves, the character of the new property may change to non-community if the new state is not a community property state.
If the character of property acquired during an individual’s marriage and whether or not it is community property is a major concern to a spouse, they should consult with an attorney in the state in which they plan to file for divorce for guidance.
This raises another issue and that is the attorney who represents an individual in their divorce. If an individual files for a divorce in another state, they would want to hire an attorney in that state. If one lives in Texas, they would want to hire a Texas attorney because they would be most familiar with Texas divorce laws. If an individual wants to get a divorce in California, they would want to hire a California attorney, or in New York, a New York attorney.
However, communicating with an attorney in another state about one’s divorce might prove to be awkward and less than ideal. An individual might also have to appear in court in a distant state and that could prove to be expensive and time-consuming as it would involve long-distance travel.
So, generally speaking, it would seem that filing for divorce in the state in which one lives would be the best choice, all other things being equal and unless one has a very good reason for filing in a distant state in which their spouse resides.
Should I Hire an Attorney When Filing for an Out-Of-State Divorce?
If you are trying to decide whether you should file for divorce in Texas or another state, you want to consult a Texas divorce attorney. LegalMatch.com can connect you with an attorney who can tell you whether you might choose to file in another state and, if so, whether all of the factors involved indicate which state would be best for your case.
