How does the 6 month residency requirement work?

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How does the 6 month residency requirement work?

I have lived in TX all my life (about 35 years). Moved to CO in 05/10 and was married in May. Separated and moved back to TX 07/27/10. That is 3 months, not 7 years. I need to know if the 6 months would apply to my situation or can I file for divorce now?

Asked on October 19, 2010 under Family Law, Texas

Answers:

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

Answered 11 years ago | Contributor

Residency requirements for all purposes - divorce, naturalization - as contained in the statutes supporting them assume that the residency will be continuous.  I know that it sounds silly here given the fact that the break was only three months before you moved back, but if you established yourself as a resident of Colorado then it broke the residency chain in Texas.  You have now moved back so re-establish yourself here with your driver's license, voters registration, address, etc., and wait the time to file with the help from an attorney in your area. The time will go quickly. And if it is uncontested that will go quickly as well. Then you can move on with your life.  Good luck.   


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