Legal Question in Family Law in Texas

My wife and I lived in Austin for two years before moving to NYC in May, 2012. We still carry Texas driver's licenses and never formally changed our residency. However, we did sell our house in Austin back in December, 2012. We currently rent an apartment in NYC. Is it possible for us to still file for divorce in Texas?

Asked on 7/17/13, 10:37 am

1 Answer from Attorneys

Robert Perez Perez Law Office, PLLC
0 users found helpful
0 attorneys agreed

Probably not. Texas law requires at least one of the spouses to have been a resident of the state for the preceding 6 months, and to have lived in the county you plan to file in for at least 90 days immediately prior to filing for divorce.

If you sold your Texas home in 2012, and have not resided within the state since then, it is unlikely that the court would consider you to still be a resident of the county, even if you argued that you were living in New York temporarily, and intended to return to Texas in the future.

Read more
7/17/13, 12:51 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas

Looking for something else?

Get Free Legal Advice

8661 active attorneys ready to answer your legal qustions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Terry A. NelsonNelson & LawlessHuntington Beach, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now