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Requirements for military divorce in Texas

Many times, members of the military are stationed in Texas, yet were married in another state. As a result, when such persons decide to get a divorce, they want to file it in Texas and go the court here. What requirements must a serviceperson satisfy to be able to do this?

Texas, just as many other states, requires that at least one member of a couple have lived in the state for some period of time in order to invoke the jurisdiction of the state's courts over a divorce proceeding. In the case of members of the military, they or their spouse must have lived in Texas for a minimum of six months because of a posting to a military facility, and also have lived in the county for at least three months.

There are other complications for military members pursuing a divorce in Texas, including selecting the right court in which to file. For that, and many other reasons, it is important to retain an experienced divorce lawyer who is familiar with military divorces.

A Texas court can grant a divorce to members of the military. To also impose personal obligations on the other spouse or divide the couple's property, the court must have personal jurisdiction over the other spouse. This involves either showing that the other spouse is physically living in Texas and can be served with papers, or if they waive any objection to the court's jurisdiction or enter a general appearance in the case.

There are some other circumstances under which a Texas court may have jurisdiction to enter a divorce and resolve other related issues. An experienced divorce lawyer can explain them.

Source: Fort Hood Sentinel, "Divorcing in Texas: what needs to be established before filing" Capt. Lorelei Evans, Jul. 25, 2013

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Weinman & Associates, P.C.
8200 North MoPac Expressway
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Austin, TX 78759

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