Legal Question in Family Law in Texas

what is justifiable cause to move my child and I out of state, we are separated and not divorced yet.


Asked on 7/23/10, 6:40 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Texas does not have legal separation.

If you have not filed for divorce, you can move anywhere you want. However, the spouse here has 6 months to file for divorce in Texas and try to get a judge to order you back to Texas.

This is where it gets really messy.

If you leave Texas, you have to live in the new state for a certain amount of time before you can file for divorce. Each state has a different time limit. You will need to consult with an attorney in the new state to find out how long you need to live there before you can file for divorce.

If you want a phone consultation, I charge $2 per minute to talk to you and try to explain all your options. Email me at [email protected] to set up a telephone conference. Then you mail me a money order for my time.

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Answered on 7/24/10, 2:18 pm


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