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?
3 Answers from Attorneys
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.
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.
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