Legal Question in Family Law in Texas

My husband is stationed in Hawaii, which the military considers an overseas base. My daughter and I have left him and returned to our permanent residence of Texas. Texas has a 6 month domicile period before filing for divorce. Since we were stationed out of Texas but maintained our residence can I go ahead and file for divorce even if I have only been back in Texas 1 month?


Asked on 5/23/13, 8:20 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

You have to be a domiciliary of Texas for the past 6 months and a resident of the county in which you want to file for the past 90 days. If you always maintained the subjective intent to return to Texas, kept a TX driver's license, etc., then you satisfy the domiciliary requirement.

Since you are in Collin County, I would go ahead and file for divorce. If he later challenges the venue of Collin County based on the 90-day requirement, you can always refile. But filing in Collin County now gives you a basis to seek abatement of any divorce proceedings he might file in Hawaii.

Divorcing someone in the military, with children, in a remote state can be very complicated and I would encourage you to contact a local family law attorney to help you through this. I am very familiar with the courts in Collin County so I can assure you that they are fair, but they will hold you to the same standards whether you have an attorney or not.

Good luck!!

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Answered on 5/29/13, 8:19 pm


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