Do You Have To Remain In The State During The Residency Requirement Period?

divorce decreeQuestion:

I need a bit of clarification on the domicile requirement for filing a divorce. Where I am from (Texas), I understand that at least one person must be domiciled in Texas for the preceding 6-month period and they have to be a resident of the county for the preceding 90-day period.

Does the 6-month period have to be consecutive? By this I mean, would it be possible for a person visiting the U.S. on a tourist visa to legally file for divorce in the U.S.?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas law where I am licensed to practice.

The residency requirement in Texas does not require that the person be a citizen of the U.S. or even carry a certain type of visa. However, the person claiming residency must establish that during the time period they lived in the state they intended to live there and treat that as their home, thus establishing an intent to call the state their residence.

People are allowed to travel, thus the fact that someone might have been in another state or another country for a time period before filing does not preclude them from establishing residency in Texas.

A person may also have more than one residence at any time. The true test is intent: where they intended to live and what state they intended to call their home.

State Residency Requirements

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction for advice on divorce laws.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Amanda L. Clepper, an associate attorney in the San Antonio, Texas, office, contact Cordell & Cordell.

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