Divorce can become more complicated when spouses no longer live in the same state.
Maybe your spouse moved for work. Perhaps you separated while one of you was living elsewhere. Military families may face relocations during a marriage, or one spouse may have moved after the decision to divorce.
Whatever the circumstances, living in different states does not necessarily prevent you from getting divorced in Texas.
However, Texas divorce when a spouse lives out of state can involve additional legal and procedural considerations. Where you file, how your spouse is served, and which state has authority over certain issues can all matter.
If you’re dealing with an interstate divorce, understanding the basics can help you know what questions to ask before moving forward. Let’s take a deeper look.
1. Can You File for Divorce in Texas If Your Spouse Lives Somewhere Else?
In many cases, yes.
Texas has residency requirements that generally must be satisfied before a divorce can be filed in a Texas court. Typically, one spouse must have been a Texas resident for at least six months and a resident of the county where the divorce is filed for at least 90 days.
Your spouse does not necessarily have to live in Texas for a Texas court to have jurisdiction over the divorce.
However, jurisdiction can become more complicated depending on where each spouse lives, how long they’ve lived there, and whether other legal issues are involved.
This is one reason it is important to determine where the divorce should be filed before simply submitting paperwork.
2. How Do You Serve a Spouse Who Lives in Another State?
If your spouse lives outside Texas, they still need to receive proper legal notice of the divorce.
The process for serving someone who lives in another state can differ depending on where they live and the circumstances of the case.
Simply mailing divorce papers or sending them by email may not be enough.
Proper service matters because the court generally needs to establish that the other spouse was legally notified of the proceeding and given an opportunity to respond.
If you’re unsure how service works when your spouse lives elsewhere, a San Antonio divorce attorney can help explain the appropriate process for your situation.
3. What Happens If Property Is Located in Another State?
Property can add another layer of complexity to an interstate divorce.
For example, a Texas couple may own a home in another state, have investment property elsewhere, or have acquired real estate before or during the marriage.
Texas courts can address many property issues in a divorce, but the location of real property can raise questions about which state’s laws and courts have authority over particular matters.
The characterization and division of marital property can also become more complicated when assets are spread across multiple states.
Before dividing or transferring property, it is important to understand how the location of the asset may affect the divorce process.
4. What If You Have Children Who Live in Another State?
Child custody can be one of the most complicated parts of an interstate divorce.
Unlike some property issues, custody disputes can involve specific jurisdictional rules designed to determine which state should make decisions about a child.
Factors such as where the child has lived, how long they’ve lived there, and whether there is already a custody order can affect which court has jurisdiction.
For example, if one parent moves to another state with the children, that does not automatically mean the new state becomes responsible for the custody case.
Because custody jurisdiction can have significant consequences, parents dealing with an interstate divorce should address the issue early rather than assuming the answer is based simply on where the child currently lives.
5. What If Your Spouse Moves During the Divorce?
A spouse moving to another state does not necessarily mean your Texas divorce has to start over.
If the divorce was properly filed in Texas and the court has jurisdiction, a later move may not change where the case is handled.
However, the move can create practical complications involving service, hearings, property, finances, and parenting arrangements.
For parents, relocation may also affect possession schedules, travel arrangements, school decisions, and other aspects of a custody order.
The earlier these issues are addressed, the easier it may be to build a workable plan for the rest of the case.
Why Interstate Divorce Can Be More Complicated
A divorce involving two states isn’t necessarily a completely different legal process, but it can involve more questions than a divorce where both spouses live in the same Texas county.
There may be questions about:
- Which state has jurisdiction
- Where the divorce should be filed
- How legal documents must be served
- Which state’s laws apply to certain issues
- Property located outside Texas
- Child custody jurisdiction
- Relocation and parenting arrangements
Military families and people who move frequently for work can be particularly familiar with these challenges. A change in residence doesn’t always change where a divorce or custody matter should be handled.
Getting Divorced Across State Lines?
If you live in Texas but your spouse lives somewhere else, you may still be able to pursue your divorce through the Texas courts.
The important thing is to understand the jurisdictional and practical issues before assuming the process will work exactly like a standard Texas divorce.
If you’re facing an interstate divorce in Texas, Whitely Law Firm can help you understand your options and the legal issues that may apply to your situation.
Contact us today to discuss your circumstances and learn what steps may be appropriate for your Texas divorce.