Do I have to wait the 6 month residency requirement for TX if I moved to CO, stayed less than 3 months, and moved back?

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Do I have to wait the 6 month residency requirement for TX if I moved to CO, stayed less than 3 months, and moved back?

I have lived in TX all my life. Moved to CO and got married on 05/03, and separated from my spouse on 07/27 of this year. I came back to TX. Do I have to be residing here for the required 6 months before I can file for divorce?

Asked on September 7, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Residency is an important aspect of a divorce - or any litigation for that matter  - because it gives the court the right to hear and determine the matter before it.  It is known as "jurisdiction" and without it properly established the matter could be ultimately dismissed.  The Texas statute reads a domiciliary of the state for the 6 months preceding filing and a resident of the county for the 90 days preceding filing. So yes, the time that you spent away broke the chain, so to speak, and now you need to wait.  7 years in Colorado is a long time.  In the meantime, reestablish yourself in Texas with you license, voting registration, etc.  Good luck.


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