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
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
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.
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.
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