Divorce for Non-Resident Spouses
Occasionally our office receives inquiries from a non-resident husband or wife wishing to file for divorce in Texas. A common scenario involves a marriage that occurred outside Texas, the parties have been separated for a long time, and the party seeking a divorce learns that his/her spouse is now a Texas resident. The question is whether the non-Texan may file for divorce in a Texas court. The answer is yes, so long as the spouse residing in Texas has lived here for at least the preceding 6 months and in the county where suit is to be filed for at least the preceding 90 days. The non-Texan must either get his/her spouse served or obtain a properly executed waiver of service. Though the court may grant a divorce to the non-Texan spouse, it is important to note that the court will likely grant a divorce as to status only and not make a just and right division of marital property.
