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Jurisdiction matters in a Texas military divorce

| Sep 14, 2018 | Uncategorized

Military members often live hectic lives. One week, they might be at home. The next week, they could be in another state or overseas. Sometimes schedules are busy and unpredictable. Military families are the first to understand that time is valuable.

This presents a unique challenge in the divorce process. Texas requires anyone who files for divorce meet state and residency requirements. It’s extremely important for a military spouse to file in the right county. If a mistake is made, then the court will not have jurisdiction. Without jurisdiction, the court will not have the power or authority to handle your case.

Requirements involve state and county

Most states require people to establish domicile before filing for a divorce. This means you consider it your home state. In Texas, you must live in the state for at least six months before filing for divorce.

Once you establish Texas as your home, you move onto county requirements. To claim a county, you must live there for at least 90 days. If your spouse lives in a different county, you can choose to file in either county. What matters most is the 90-day requirement.

Unfortunately, if neither of you have lived in a county for that long, you have to wait 90 days before moving forward with the divorce.

Is it different for military members?

Some states do have unique requirements for military members. However, in Texas, there’s little room to budge. You still need to meet the six-month state and 90-day county requirements. On the other hand, you may file for divorce even if you are living there temporary. This is helpful for military members who are stationed in certain areas.

For military members who have Texas at their home of record, they can file for divorce even when they are deployed. In these situations, judges face some limitations, but a family law attorney can help during this time.