Is It Considered An Out Of State Divorce If I Live In Texas But My Spouse Doesn’t?

If you are a newer Texas resident or were married in another state, do you need an out of state divorce? It’s understandable if you have questions, and you’re not alone. According to Census estimates, over 1,000 people move to Texas every single day. In 2019, around 550,000 people chose to call Texas their new home. Moreover, many Texans opt for destination weddings out of state and even out of the country. 

However, the rules of your marriage typically rest in the state, county, and jurisdiction that you live in. So, as an official resident of Texas for at least 6 months, you can file for divorce in Texas. If you and your spouse live separately or have concerns about out-of-state divorce terms, you need a trusted attorney to guide you through the process. Even scheduling a consultation can give you a general idea of what you’ll need to do moving forward, and how much time it will take before you’re officially divorced.

Don’t waste your time researching on your own. Contact the Daniels Law Firm today to get started.

Do I Need An Out Of State Divorce If I’m A Texas Resident But My Spouse Is Not?

The following is helpful information relevant to your residency in Texas and your options for filing for divorce in Texas versus other states.

1. Texas Is A No-Fault State

If you aren’t familiar with Texas laws, one fact you should be aware of is that Texas is considered a “no fault state”. To put it more simply, this means that Texas does not require grounds that state the fault of one party for a divorce to happen. 

Texas.gov states, “the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”

RELATED: Divorce In Houston: What You Need To Know

2. Living Apart

Texas law says, “The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.”

If you are a Texas resident, but you and your spouse have lived apart for more than 3 years, you should still be able to hire an attorney in Texas to get a divorce. As long as you or your spouse have resided in the state for at least 6 months, and the county where you file for at least 90 days, you should be able to file for divorce in Texas.

Talk to an experienced divorce attorney in Texas to explain your situation and find the strategy that works best for you and your case.

3. You Can Get Divorced In Texas Even If You Were Married Elsewhere

Couples, families, and individuals relocate for many reasons. If you were married in another state, you are still recognized as married while living in Texas. Those considering divorce tend to ask, “Do we need to return to the state we were married in to get a divorce?”

The answer is no. You can get divorced in Texas even if you were married in another state or country. However, this depends on where each party lives. Similar to living apart, either you or your spouse must be a resident of Texas for at least 6 months.

Your divorce will follow Texas divorce proceedings, which means you will want to contact a Texas divorce attorney to figure out your next steps. 

4. Texas Is A Community Property State

You should know that Texas is a community property state, which addresses property acquired together during the marriage. Certain situations such as gifting between spouses, proportional ownership of property, etc. can get complicated and confusing quickly.

It’s always best to speak to an attorney with this particular type of experience, especially if you and your spouse share a variety of property. High net worth individuals, entrepreneurs, and those with multiple holdings will find a divorce attorney extremely useful throughout the divorce process.

5. Alimony In Texas

Texas does not require alimony to be mandatory in a divorce. Couples can agree on alimony conditions during mediation. It’s extremely important to know that alimony is not the same thing as spousal support, also known as spousal maintenance. These terms are often interchangeable in conversation. However, they do have different meanings.

Spousal maintenance has eligibility requirements and other factors that determine whether spousal maintenance is relevant to your case. There are also laws set in place to protect one party from having to pay an exorbitant amount beyond their means. An attorney who knows Texas law will be your best way to strategize alimony or spousal maintenance if needed.

Have additional questions or concerns about alimony? Contact the Daniels Law Firm for a better grasp on what options are available to you. 

6. There Are Various Child Custody Arrangements In Texas

Generally, you and your spouse will still be responsible for your child(ren) until:

• Their 18th birthday, graduation from high school, or whichever occurs later
• The child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law;
• The death of the child; or
• If the child is disabled as defined by Texas’s Family Code Chapter 154, which elaborates on child support

If child custody, child support, or both are a concern, having an attorney who knows family law will help. 

7. Stepparents’ Rights

Texas addresses the needs and rights of the biological or adoptive parents of any shared children before stepparents. However, it is possible for a stepparent to make a case for themselves to have a right to visitation, custody, etc. Talk to an attorney about your options if you’re a stepparent seeking rights similar to those of the child’s biological or adoptive parents. 

Cassandra Daniels Is Your Texas Divorce Attorney With Extensive Knowledge In Family Law 

Ultimately, filing for divorce in any state will likely depend on your residency. If you need clarification during the divorce process, reach out to a divorce attorney who can help.

Need a divorce in Texas? Contact Daniels Law Firm in Houston.

The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Daniels Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.