Legal Question in Family Law in Texas

My husband's attorney filed for divorce in a county in which neither of us reside. His parents live in that county, and he lived in the county himself for several years in the past. He just has not lived there for many years now. Does his living there in the past qualify him to file in that county, and thus will the divorce still be valid? Or would we get into any trouble for him filing in a place that neither of us live?

More importantly, if I want to file a motion to transfer the venue because it is much closer, will it restart the 60 day waiting period?

Thank you


Asked on 3/25/10, 7:47 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Don't file a motion to transfer venue. File a PLEA IN ABATEMENT in the pending suit. And file a petition NOW in the county where you live.

You need to get a lawyer.

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Answered on 3/30/10, 9:00 am
Fran Brochstein Attorney & Mediator

YOU NEED AN ATTORNEY! LIKE THIS MINUTE!

This might just be a mistake.

You must do something NOW!

If it comes up later the judge will dismiss the case and you've wasted your time and MONEY!

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Answered on 3/30/10, 11:09 am


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