Legal Question in Family Law in Texas
If a couple separates and one of them moves to California before the divorce is filed, can the one in Texas file for the divorce in Texas or would they have to go to California to file?
2 Answers from Attorneys
I assume that the last state of marital residence was Texas.
The spouse in Texas can file for divorce, regardless of where the other spouse lives.
Yes, the spouse living in Texas can file for divorce in Texas, provided that they meet the residency requirement (6 months in TX, and 90 days in county where filed). That spouse would need to have the other spouse served with the divorce complaint in California.
By the same token, the spouse who moved to California can file for divorce in CA, once they meet the residency requirements there (6 months in CA, 3 months in county).
The general rule is that the divorce proceeding will be heard in the state where the papers were filed first - more precisely, the state from whose court the opposing party was served with notice first.
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