Do I have to wait the 6 month residency requirement for TX if I moved to CO, stayed less than 3 months, and moved back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to wait the 6 month residency requirement for TX if I moved to CO, stayed less than 3 months, and moved back?
I have lived in TX all my life. Moved to CO and got married on 05/03, and separated from my spouse on 07/27 of this year. I came back to TX. Do I have to be residing here for the required 6 months before I can file for divorce?
Asked on September 7, 2010 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Residency is an important aspect of a divorce - or any litigation for that matter - because it gives the court the right to hear and determine the matter before it. It is known as "jurisdiction" and without it properly established the matter could be ultimately dismissed. The Texas statute reads a domiciliary of the state for the 6 months preceding filing and a resident of the county for the 90 days preceding filing. So yes, the time that you spent away broke the chain, so to speak, and now you need to wait. 7 years in Colorado is a long time. In the meantime, reestablish yourself in Texas with you license, voting registration, etc. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.