Pasadena, CA asked in Divorce for Texas

Q: Texas married, Now couple living abroad. Can a returning spouse file for divorce from WA state, or only Texas? No kids.

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1 Lawyer Answer

A: Divorce can only be initiated if and when the residency requirement has been made. For instance, some states require having a physical presence in one state for 3 months compared to 30 days in the other. So when the residency requirement is made, a divorce can be initiated along with the grounds of divorce which must be applied as well. If you are not in the same state as your spouse, they may be able to use Divorce by Publication, by claiming they don't know and can't find your whereabouts.

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