Not everyone gets divorced right away. All too often the husband and wife go their separate ways and never bother to end the legal marriage relationship. It is usually never a good idea to maintain a legal relationship that could result in liability to you, but it also can create special problems when the husband and wife end up in different states and then one decides to pursue a divorce. Can you get a divorce in Texas when your spouse lives in another state?

Yes, and no. If your spouse cooperates you can get divorced and property divided in Texas. However, if your spouse does not cooperate you may be in for a difficult time.

Recently the Houston Court of Appeals confirmed that if the out of state spouse has no contacts at all with Texas then the Texas divorce court does not have authority to divide property and debt. A Texas court does have authority to grant the spouse that lives in Texas a divorce to determine their legal status, but does not always have the authority to divide property and debt. Contact a Woodlands Divorce Lawyer today if you need to get divorced from a spouse that does not live in Texas.

There is a residency requirement before you can file for divorce in The Woodlands. The Texas code requires that either spouse meet both of the following requirements:

1. a domiciliary of Texas for the preceding six-month period; and
2. a resident of the county in which the suit is filed for the preceding 90-day period.

These criteria must be satisfied at the time the petition for divorce is filed. If you file one day too early, your petition does not meet the statutory requirements for divorce in The Woodlands.

Speak with a Woodlands Divorce Lawyer today to protect your rights while going through the difficult divorce process.