When a person either serves in the military or is married to a person serving in the military, moving from place to place is a fairly common occurrence. If either spouse is from Texas and would like to file for divorce in Texas, this can cause a problem regarding the residency requirement as stated in the Texas Family Code. Generally speaking, in order to file for divorce in Texas at least one party must have been living in Texas for six months and the county where the suit has been filed for 90 days prior to filing suit. However, the Texas Family Code Section 6.303 provides an exception for these public servants and their spouses. The remainder of this blog explains the details of this statute as well as its effects on divorce cases in Texas.
If Texas is the domicile of a military member or Federal Employee serving outside of Texas, that person is still able to file for divorce in Texas. Domicile means that Texas is considered to be the permanent home the party intends to return to after completion of the service assignment that necessitates their absence from the State. A spouse of a solider or public servant may exercise this same right.
For example, we can consider the circumstances of a hypothetical client named William to bring the aforementioned statute into a real-life scenario. William lived in Montgomery County, Texas and considers it to be his domicile prior to enlisting in the Army. William lived outside of the State of Texas and Montgomery County for years due to military assignments and during that time period met and married a woman named Susan. William and Susan lived overseas in Germany when unfortunately, it became apparent to both persons that the marriage was not working out. In this scenario, William may file for divorce in Montgomery County if that is his desire. His having lived outside of Texas for any length of time does not hinder his ability to file for divorce because his absence was due to his having served in the military.
This statute allows service members or other public servants and their spouses to use Texas Courts in order to petition for divorce without first needing to re-establish residency upon returning to the State.
Law Office of Bryan Fagan | Spring, Texas Divorce Lawyers
Our Spring, Texas Divorce Lawyers are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. Law Office of Bryan Fagan handles Divorce cases in Spring, Texas or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers, Galveston, Brazoria, Fort Bend County and Waller County.