Legal Question in Family Law in Texas

If a spouse lives outside of the state of Texas, and the other spouse is incarcerated in Texas (state penitentiary), where exactly does the spouse living outside of Texas file for a divorce in Texas? The original county of marriage, the previous county the incarcerated spouse resided before incarceration, or in the county where the incarcerated spouse is?


Asked on 12/23/16, 12:30 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If you want to file in Texas, file in the county where the penitentiary is located. The "original county of marriage" doesn't have any relevance.

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Answered on 12/27/16, 2:46 pm


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