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?
1 Answer from Attorneys
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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