When and where should I file for divorce if I’m plan on moving in about a month?

UPDATED: Oct 1, 2022

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When and where should I file for divorce if I’m plan on moving in about a month?

I live in Houston, my parents, daughter and I plan on moving to Oklahoma. I can not move until at least March 31st. My husband has been in prison and sees parole for his half sentence has been in 4 years this July 07/2017. I would like to get a divorce before he gets out of jail and try to get sole custody. I plan on sending my daughter with my parents to Oklahoma when they go mid March. When and where should I file? Am I allowed to move and come back to Texas after the 60 day mark? Will I have more rights if I file for divorce living in another state?

Asked on February 28, 2018 under Family Law, Texas


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

Answered 4 years ago | Contributor

PLEASE seek legal help asap.  There are so many issues here and red flags that are going up and I am worried for you.  You need to meet the residency requirements of the State and county in which you file for divorce.  That can take a lot longer than the 5 months before your ex gets out of jail.  Sending your daughter out of state without an established order of custody is not a good idea.  I would seek help from a lawyer in Texas NOW to bring an action in Family court.  You need to establish you as sole custodial parent and you need to be able to explain to a Judge why you want to remove the child from their home state.  Just becuase your husband was in prison does not mean he automatically loses his rights.  If his prison term was becuase of something horrible and can establish that he would be unfit as a parent then you have a better shot. 

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