Protecting What Matters Most
The question about where you can file for divorce comes up more frequently than you might think, especially for couples who were married outside of Texas but are now seeking a divorce lawyer in Austin, TX. The good news is that it really doesn’t matter where you were married – the state in which the ceremony was performed has almost nothing to do with whether you can pursue the divorce filing in the state of Texas. However, you do have to meet two principal requirements:
Minimum Texas residence period – One or both spouses must have resided in the state of Texas for at least six months. Additionally, one or both of you must be able to show that you lived in the country where the divorce is to be filed (in our case, Williamson, Travis, or Hays County) for a minimum of 90 days.
Personal jurisdiction over both parties – Let’s say, for example, that you were married in Tennessee.You then moved to Texas, but for whatever reason your spouse never set foot in the Lone Star State. No children were born in Texas, no Texas property was shared, and you never really pursued the life of a married couple here. In that case, we can establish jurisdiction over you, since you met the Texas residence requirements, but we can’t automatically establish Texas jurisdiction over your spouse.
Don’t panic if one party in your divorce fails the second prong of this test. There are exceptions under what is known in Texas as the Long-arm Jurisdiction statute. This statute, when utilized with the proper legal expertise and creativity, can give the courts the power of personal jurisdiction over what we call a “foreign” spouse. If you need that kind of expertise for your case, contact Evans Family Law Group.
Our Austin family law attorneys handle a wide range of matters, including divorce, child custody, child support, spousal support (alimony), property division, prenuptial and postnuptial agreements, adoption, and modifications of court orders. Whether your case is straightforward or highly contested, our team provides personalized legal guidance to protect your rights and your family’s future.
The timeline for a divorce varies depending on the complexity of the case and whether it’s contested or uncontested. Texas law requires a 60-day waiting period after filing before a divorce can be finalized, but contested cases involving disputes over property, custody, or support can take several months or even longer to resolve.
An uncontested divorce occurs when both spouses agree on all major issues, such as property division, custody, and support. These cases are generally faster and less expensive.
A contested divorce, on the other hand, involves disagreements that require negotiation, mediation, or a court decision. Our attorneys are experienced in both types of cases and can guide you through either process efficiently.
In Texas, the court’s primary concern is always the best interest of the child. Factors considered include each parent’s ability to provide for the child, the stability of each home environment, the child’s relationship with each parent, and, in some cases, the child’s preferences. Our Austin family lawyers work hard to protect your parental rights and achieve an arrangement that supports your child’s well-being.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.