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Divorce in Texas...how long?
My daughter moved from Florida to Texas and wants a divorce. I think it is 6 months before she can file due to residency...right?
Yes...probably so. He is going to the pen and they have a baby....
3 Answers
- HalLv 41 decade agoFavorite Answer
No, the proceedings don't have to take 6 months, and the filing won't be rejected.
In the Original Petition for Divorce, which is the document that starts the divorce, the person who files states that he or she has lived in Texas for at least 6 months and has lived in the county where the case if filed for at least 90 days.
Then, you prepare a Final Decree of Divorce with all the terms of child possession, child support, and division of assets. Normally you'd have both parties sign it, but if you have husband served with papers in prison he won't be able to show up at any court dates, and you can get pretty much whatever you want.
The judge can't sign the Final Decree of Divorce until the Petition has been on file at least 60 days. When you go before the judge, you'll be sworn, and you'll state under penalty of perjury that before you filed the petition for divorce you had lived in Texas 6 months and in that county 90 days. If you can't swear to that (under penalty of perjury), then the judge should dismiss the case and tell you to refile after you meet those requirements. If the docs were filed too soon, they don't "heal" by the time limit passing before you go before the judge.
Source(s): FREE Texas Civilized Divorce Guidebook: www.Civilized-Divorce.com - Anonymous1 decade ago
Texas Filing Requirements: In order to file for a divorce in Texas, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.
A person not previously a resident of this state who is serving in the armed forces of the United States and has been stationed at one or more military installations in this state for at least the last six months and at a military installation in a county of this state for at least the last 90 days is considered to be a Texas domiciliary and a resident of that county for those periods for the purpose of filing suit for dissolution of a marriage. (Texas Code - Family Code - Chapters: 6.301)
Source(s): Texas State Statutes - Anonymous1 decade ago
i don't know about the residency part but it will take six months for the divorce to become final.