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.
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- Military Support Without a Court Order During a Divorce in Texas
- How to Divorce a Spouse in the Military
- Texas Divorce - Serving Military Personnel or their Spouse Worldwide
- Essential Information for Military Divorces in Texas
- Roadmap of Basic Divorce Procedure in Texas
- How Can I Get My Spouse to Pay My Attorney's Fees in a Texas Divorce?
- How am I going to Pay for My Texas Divorce?
- Should I Hide Money from my Spouse to Get Ready for my Texas Divorce?
- 6 Mistakes that can Destroy Your Texas Divorce Case
- 6 things You Need to Know Before You File for Divorce in Texas
Law Office of Bryan Fagan | Spring Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Spring TX 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. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and