Legal Question in Family Law in Florida

My wife has left me and moved to Texas 3 weeks ago, she wants me to come out there with her, but ultimately I don't see that happening, divorce has been brought up by me. My question is can she file for divorce in Texas and if anything is contested will I have to fly out there to go to court?


Asked on 8/28/13, 7:34 am

3 Answers from Attorneys

Gregory Buckley Gregory T. Buckley, Attorney at Law

The proper venue for a divorce action would be the county where you last lived together as man and wife. She will need to live in Texas for at least 6 months before she can file a petition for divorce there.

If the issues that are contested include personal property or real property located in Florida, the courts in Texas would not have jurisdiction over those things. If you believe that the marriage is irretrievably broken, you are probably better off filing for divorce yourself in the county where you last lived together as man and wife.

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Answered on 8/28/13, 7:41 am
Brent Rose The Orsini & Rose Law Firm

Almost every state has rules regarding how long you must live in the state before you can file for divorce there. Mr. Buckley says it's six months for Texas, and I have no reason to disbelieve him. Sop, she can file for divorce in Texas after living there for six months. The Texas court could dissolve your marriage and could probably order you to divide Florida property, but you aren't under Texas jurisdiction unless you move there, own property there, or your wife comes to Florida to have a Florida judge enforce the Texas order. In the meantime, you could also file for divorce in Florida.

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Answered on 8/28/13, 7:51 am
John Smitten Carey and Leisure

If she lives there for 6 months she can file there but if you have no connections to TX then she will have no personal jurisdiction over you.

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Answered on 8/28/13, 8:01 am


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