How does divorce work if you live in different states?

How does divorce work if you live in different states?

If you and your spouse live in different states but want to divorce, it is possible to do so. Still, you need to meet the residency requirements of the state where you file for divorce. If your spouse filed for divorce first in a different state, that filing and that state’s laws usually control the proceeding.

Can I get a divorce in Texas if I was married in another state?

filing for divorce online

Texas’ residency requirement for divorce only allows divorce in a Texas court if one of the parties has been living in Texas for at least 6 months before filing for divorce. That means that you can legally file for divorce in Texas even if you were married in another state.

Can I get a divorce in the US if I was married in another country?

Marriage is a state issue, not a federal, so the laws governing divorce vary by where you live within the U.S. Still, states will allow you to dissolve a foreign marriage here somewhat easily. There are two catches. First, your marriage must be valid in whatever country it occurred.

Do both parties have to appear in court for divorce in Texas?

Your uncontested case is ‘agreed’ if you and your spouse agree on what to put in your Decree of Divorce, your spouse has signed a waiver or answer, and your spouse is willing to sign your Decree of Divorce. There is no formal trial, and you probably won’t have to ever appear in court.

What is a wife entitled to in a divorce in Texas?

Along with a handful of other states, Texas is a community property state—meaning all income earned and property acquired by either spouse during the marriage is community property and belongs to both spouses equally. In Texas, courts must split all marital property equally between divorcing spouses.

Is it better to be petitioner or respondent in divorce?

filing for divorce online

The name given to the spouse that files first for divorce is the Petitioner and the spouse that files second is called the Respondent. The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first.