Alexandria, VA asked in Divorce and Family Law for Texas

Q: Can I file a divorce case in dallas if I was not physically living there for the past 6 months ?? it was my home before

Lived in dallas for about 10 months then went to canada on a vacation and now in Virginia for 2 months.. can I still file a case in dallas for divorce as it was my marital home. Will the residency issue stop me from filing ? Current expecting my first child so cannot travel immediately

Related Topics:
4 Lawyer Answers
Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • San Antonio, TX
  • Licensed in Texas

A: You must have had Texas has your home state for the preceding 6 month period and been in the particular county you file in for 90 days up until time of filing in order to gain jurisdiction.

You will not be granted a divorce if you are pregnant.

Elaine Brown agrees with this answer

Elaine Brown
Elaine Brown
Answered
  • Dripping Springs, TX
  • Licensed in Texas

A: If your husband is still residing in Dallas you may be able to use his residence but generally there is a requirement that one or both parties need to reside in the county in which they file. If you are pregnant and it is your husband’s child, you will need to wait until the baby is born to finalize the divorce.

This is for educational purposes only and does not create an attorney/client relationship.

Elaine Brown
Elaine Brown
Answered
  • Dripping Springs, TX
  • Licensed in Texas

A: There is a residency requirement for all divorces filed in Texas. A divorce cannot be finalized until after a child of the marriage is born. Check with an attorney for more information.

Sharita Blacknall
Sharita Blacknall
Answered
  • Dallas, TX
  • Licensed in Texas

A: You will not be granted a divorce in Texas while pregnant.

You must live in Texas for 6 months preceding the filing of divorce and in the county you want to file for 9-0 days prior to the filing of the divorce.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.