Legal Question in Family Law in Texas
Waiving six month residency requirements
I lived in Texas since I was about 6 years of age. My husband moved me to Idaho in January 2005. I came back to Texas after finding out about affair and he had abandoned us. I am wanting desperately to file before he does so I don't have to go all the way back to Idaho. He is abusive and I am trying to keep my daughter. Is there any way to waive the six month residency requirement in my situation since I was only a resident of Idaho for 8 months? Surely there is some case law where this was done before?
1 Answer from Attorneys
Re: Waiving six month residency requirements
The six month residency rule is for the final hearing on the divorce. You must be a resident for 6 months at the time of the final hearing. File your divorce now seeking temporary orders for child support. By the time the final hearing is held, you will likely satisfy the residency requirement.