Legal Question in Family Law in Texas
I filed for divorce and am about to go to my prove-up. The problem is, both of us live in dallas county, but the attorney filed in tarrant county. I know that you must live in the county you file in for 90 days, and neither of us have lived in tarrant county before at all. The attorney said it was ok as long as both parties agreed with it. Can we file for divorce in tarrant county without living there? If we do, and problems arise later, can the decree be named "void" because of false residency claims? I think this attorney is lazy and just doesnt want to refile and admit his mistake. Thank you for your help.
(a side note: my spouse signed the waiver, so MY signature will be the only one on the decree)
1 Answer from Attorneys
Does your petition allege that you lived in Tarrant County for the 90 days prior to the filing of the petition?
Generally, in a "prove-up" hearing, you are asked a question like this: "And prior to the filing of this petition, had you lived in X county for at least 90 days, and been domiciled in the State of Texas for at least six months?"
You'll be under oath when you're asked this question. If you lie under oath, it's a crime.
Other than these considerations .... the only parties who would be aggrieved by having the case in the wrong county would be the parties themselves, and obviously neither you nor your spouse is bothered by it. It isn't a jurisdictional issue.
Your lawyer should have filed in the county where one of you lived.
However, if you can finalize it in Tarrant County without committing perjury, go ahead.
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