Legal Question in Family Law in Texas

Process for divorce if wife is in one state and husband in another

I need to know what I have to do if the person that I am married to lives in another state and we have been seperated for 6 3/4 of a 7 year marriage. What legal procedures do I have to take to file the divorce myself? There are no children and no marital assets involved. Just irreconcilable differences. What do I do?


Asked on 3/03/02, 10:12 pm

3 Answers from Attorneys

Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Process for divorce if wife is in one state and husband in another

If you want to do this by yourself, I suggest that you visit your local law library to check on general divorce forms as well as the Texas Rules of Procedure to determine your service requirements. If you ex is agreeable and will sign a waiver of service, you won't have to have him formally served. Again, the law library should have this information.

Read more
Answered on 3/04/02, 8:29 am
Brandon Manus Manus Law Office

Re: Process for divorce if wife is in one state and husband in another

You didn't mention if the other spouse has ever lived in the state where you are located or where you were married. There may be some jurisdictional problems if the other spouse has never lived in the state where you live or had any contact with that state. I recommend that you consult an attorney before you file, even if you file on your own. There may be some issues you aren't aware of that competent legal counsel can advise you about.

Read more
Answered on 3/04/02, 12:00 pm
Fran Brochstein Attorney & Mediator

Re: Process for divorce if wife is in one state and husband in another

Without children, getting a divorce is fairly easy -- even if you live in different states.

If you live in the Houston area, I offer a Do It Yourself Divorce Kit for $79.95. Just call my office at 713-847-6000 and schedule an hour appointment with me. We do the forms together and I walk you through the entire process.

Please don't waste your money at an office supply store buying their kits. If you read the cover carefully, it states "does not contain state forms".

Of course, you can go to any local law library and look in the Texas Family Law Practice Manual for the forms you need.

Best of luck!

Fran Brochstein

Read more
Answered on 3/04/02, 12:02 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas