Legal Question in Family Law in California

establishing residency?

I have lived in California 10 years, husband recently moved entire family to Texas july 1, 06.I have been married for 22 years and need to pursue a divorce..I have valid reasons to believe that he moved me to Texas to avoid paying fare share of spousal support.I would have received it in Calofornia and none now in Texas. My question is can i rent an apartment in California and establish residency somehow and then file for divorce there? He is in no hurry to get a divorce so i do have some time.I have only been in Texas for 5 months

We own a house but mortgage is in his name only.I really want to protect myself and two girls

fiancially. Please advise...


Asked on 12/14/06, 10:23 am

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: establishing residency?

Certainly you can establish residency in CA. The risk you run is that he could file for divorce in TX before you establish residency in CA. Check with a lawyer in CA. You might be able to file for divorce when you get there and wait for residency to be established before you obtain the divorce.

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Answered on 12/14/06, 10:48 am
TC Langford Langford Law Office

Re: establishing residency?

I agree with Mr. Grissom, but wanted to comment on your spousal support remark. Although I do not know CA law, in Texas you would qualify to petition for spousal support for a limited period of time, including during the temporary orders phase of proceedings.

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Answered on 12/14/06, 4:34 pm


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