Legal Question in Family Law in Texas
I recently became a resident of Texas, moving here for a job transfer. My wife lives in Illinois and I intend to file for divorce. What state would be best for me to file for divorce, TX or IL?
1 Answer from Attorneys
In order to file in Texas, at least one of the parties must be a resident of the state for six months and a resident of the county in which the action is filed for 60 days.
If you fit that requirement, you would have a tactical advantage as you would be closer to the courthouse. Your wife wouild have to pay her lawer to travel to texas, and stay in hotel to take care of a matter. If you filed in Illinois you would provide her the same tactical advantage.
If there are children, the court of continuing jurisdiction would be where the child lives, so the case would have to be transferred there for child support matters.
I am not clear on whether Illinois law or Texas law wouild govern the matter. If there are children and or property you need to hire an attorney to look into these issues.
In Texas alimony lasts only 3 years, unless the spouse is disabled and there is no alimony if the marriage has lasted under 10 years and the spouse has a job. Texas is a community property state. I don't know whether Illinois is.