Legal Question in Family Law in Texas

Across state lines

I am from Wisconsin, but reside in

Texas with my husband. Currently

we have a 3 year old and a baby on

the way. I am a Texas resident. My

husbands job takes him out of town

for days, weeks, and sometimes

months at a time. We have been

considering a divorce, but my entire

support system is in Wisconsin and

my husband always threatens to

force me to stay in Texas. I have

considered just going to Wisconsin

long enough to become a resident

before any papers are filed, so that I

could file from Wisconsin. Is this

legal? Would I be forced to return to

Texas if he made me?


Asked on 9/17/08, 11:16 am

1 Answer from Attorneys

TC Langford Langford Law Office

Re: Across state lines

The answers to all of your questions is maybe. Until the court's jurisdiction is invoked you are free to move and/or travel. If your husband realizes your intent, he could file in Texas before you establish Wisconsin residency. You should also consult a Wisconsin attorney to discuss residency requirements, SAPCR vs divorce, and the possibility of the case being moved to a Texas court.

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Answered on 9/19/08, 2:57 pm


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