If my husband has filed for divorce can I file for divorce as well?

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If my husband has filed for divorce can I file for divorce as well?

My husband filed for divorce i9 months ago in a county neither of us live in currently and he is now refusing to finish the divorce process. I have tried to continue with the divorce but am not able to reach the county courthouse in which he filed. Can I file on my own in my county of residence?

Asked on August 15, 2011 Texas

Answers:

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

Answered 10 years ago | Contributor

How horrible to be left in limbo when there is an end in sight!  If he filed in a county in which neither of you lived then it is quite possible that the court does not have the proper jurisdiction to hear the case in the first instance.  Each state has their own residency requirements in order to file for divorce in order for the court to obtain what is known as jurisdiction to hear the matter and decide it with regard to those parties.  Now, only the filing party has to be a resident of the state and county in which they are filing (and one other twist on this in what I am going to copy for you here) for jurisdcition.  Here is the law in Texas:

In order to file for a divorce in Texas, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.

So I would say file away.  Consult with an attorney to be sure.  Good luck.   


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