Where Can You File Your Petition? How Do You Notify Your Spouse?
Your marriage has been in trouble for some time and now your spouse has left the state of Texas. You want to file for divorce, but don’t know how you can do that. How do your file for a Texas divorce when your spouse lives in another state? Can you still file in Texas? How do you meet the requirements for providing notice of the divorce proceeding?
Can You File a Divorce Petition in Texas When Your Spouse Lives in Another State?
Yes. Under Texas law, a divorce complaint may be filed in the district court where one of the parties has resided for a minimum of 90 days immediately preceding the filing. In addition, to qualify to file a divorce petition in Texas, you must have been a resident of the Lone Star State for at least six months. Your divorce complaint must state the basis on which you seek a divorce, also known as the grounds for divorce. In Texas, there are seven permissible reasons for ending a marriage:
- Insupportability—Essentially “no-fault” divorce, this simply means that you have differences that cannot be resolved
- Extreme cruelty
- Adultery
- Conviction of a felony which will lead to a minimum of one year in prison
- Abandonment for a period of at least one year
- Living apart for a minimum of three years
- Commitment to a mental facility
How Do You Provide Notice to a Non-Resident Spouse in a Texas Divorce?
The process for ensuring “service of process” is essentially the same as if your spouse lived locally. You can seek to have the papers personally served, sent by certified mail or published in a newspaper.
Contact Experienced Texas Family Law Attorney Chrysandra S. Bowen for Help Filing for Divorce against a Non-Resident Spouse
At DTX Family Law, we always put your interests first. We have a comprehensive understanding of the laws and procedures related to divorce in Texas, including how to initiate divorce proceedings against a spouse who lives in another state. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our new website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, and the cities of New Hope, Lowry Crossing, Fairview, Farmersville, Gainesville, Lindsay, Rosston, Oak Ridge, Callisburg, Muenster, Valley View, Myra, Woodbine, Marysville, Bulcher, Decatur Bridgeport, Rhome, Boyd, Chico, Paradise, Aurora, Alvord, New Fairview, Lake Bridgeport, Arlington, and North Richland Hills