Can you get divorced in Texas if you got married elsewhere?

When you get married, you file the legal agreement in the state that you reside in at the time. If you then choose to get divorced, but you have moved since the marriage, does this mean that you have to return to the other state to divorce?

For instance, perhaps you and your partner are from Maryland. You got married there in 2010. In 2012, you moved to Texas for a job opportunity. You have lived there since. Do you have to fly back to Maryland just to get divorced, or can you do it in Texas?

You’ll be glad to know that you can divorce in Texas in this example. It does not matter where you got married. The Texas courts can still take care of everything for you — though you will be bound by the divorce laws in Texas, not those in Maryland, so it’s important to understand any significant differences.

The one stipulation about divorce in another state is that you must meet the residency regulations in that state. You cannot just drive across the state line for the afternoon, perhaps because you like the divorce laws in that state more, and file for divorce. In this example, you do satisfy those requirements and you have been living in Texas for years. But those thinking of making a quick stop in another state need to know that they can’t do so just to file for a divorce.

If you have any questions about the divorce process in Texas or the different laws, it helps to work with an experienced team that can provide those answers.


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Author: On behalf of Katie L. Lewis of Katie L. Lewis, P.C. Family Law

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