Legal Question in Family Law in Texas

Re: working in south carolina but resident of texas

I was needing to know asap (please) if both parties of the divorce are residents of texas and one party has been working in south carolina almost 6 months, but came home a few days, inbetween months gone and the party in south carolina is filing for a divorce in texas (mailing papers to texas)the other party is also gonna go to south carolina to work. He cannot claim resident in south carolina or will loose income thru job, also owns house in texas. Can the spouse who is in texas leave to south carolina before being served, can they be served in south carolina or will both parties have to wait until both are back in texas?

ANSWER: TEXAS HAS JURISIDCTION IF ONE THE PARTIES LIVES IN TEXAS AT THE TIME OF THE DIVORCE FOR OVER 6 MONTHS. ALSO, THE COUNTY WHERE YOU FILE THE DIVORCE MUST BE THE COUNTY THAT THE PERSON HAS LIVED IN FOR OVER 90 DAYS. MANY PEOPLE TRAVEL FOR THEIR JOB BUT DO NOT CHANGE THEIR HOME STATE. I'M NOT SURE BASED ON THE LIMITED FACTS YOU PRESENTED.

Also, I've been told that if the one party in sc mails papers to be served to other party, that they have 20 days to give an answer or there is a default.

ANSWER: A PERSON MUST BE PROPERLY SERVED. MERELY MAILING THE PAPERS TO SOUTH CAROLINA IS NOT ENOUGH!

And from the time they file, a divorce can be granted around day 61 if there is an agreement, but if there is no agreement it takes longer.

ANSWER: RIGHT!

If the party in texas leaves to south carolina to go to work and has not been served, do both party's have to wait until both are back in texas to start the divorce process? Or does the party in south carolina only need to mail papers to file and the other has to give an answer, even if they were not actually served. thank

ANSWER: IF YOU DON'T WANT TO BE SERVED, THEN THE PERSON CAN FILE A DOCUMENT REFERRED TO AS AN ANSWER. THE DOCUMENT HAS MANY VARIATIONS.