Divorce in Texas

[ernscin]

I moved to Texas 4 months ago from another state. I have heard that after 6 months I can file for a divorce without informing my spouse. Is that true? I also have a minor child with this spouse. After 6 months and I file for divorce which state has jurisdiction over my minor child?

 

[irish223]

Yes, the residency requirement for filing for divorce in Texas is 6 months. If your child has lived with you for the entire 6 months, then Texas may have jurisdiction if you file first, although your spouse can contest that.

You can file without your husband's knowledge, but he will have to be served before the process can continue. You cannot get divorced without your husband's knowledge.

 

[ernscin]

I knew that he would eventually have to know. He is well aware of where I am and so far has made no attempt to change the situation nor has he in anyway financially supported either one of us in the past 4 months. I am hoping that will help in giving jurisdiction to Texas. Earlier this year I simply moved out telling him I needed to get on my feet financially so I moved to Texas to go to school with the support of my family.

 

[Duranie]

Be advised though that since you moved, you will be expected to help out with transportation, possibly provide all of it. You still have 2 months left so your husband can still file something. If he files that will make things harder on you. I guess his ignorance is your bliss, but most fathers would at least consult with an attorney to see if what you did was legal.

 

[ernscin]

Judging from his lack of interest or participation with our daughter (4 years old) so far I don't forsee him doing anything. That would require effort on his part. Once the 6 months is over and I file for a divorce and he has not provided for her for over 6 months, will it be harder for him to make a case for local jurisdiction? As for financial support, I have had no means of accessing his financial assets for well over two years. He has had an individual bank account for at least two years with pay direct deposited. He has known exactly where I have been since June of this year as I have been attending school since then. My car recently broke down and with nothing from him but well that's too bad, he has the audacity to ask when we are coming back for a visit.

 

[ernscin]

Also, yes his ignorance is my bliss but actually it is just a matter of where he would rather spend his money. I may not be able to access any of his funds but through his ignorance, I can monitor his spending. In the last 30 days he has spent over $2000.00 (not an exxageration) in a casino and/or a bar. Plus he has bought over $250.00 of items from an autoparts store??? He has a brand new truck he pays $500.00 a month for while I "was" driving an 1990 car with broken exhaust, broken back glass (has plastic taped over it), cracked front window, extremely worn tie rods, CV joint going out, broken A/C and now whatever is causing the tap, tap, tap noise when I start it. Sorry for the rambling it is just irritating to me that he will say "I tried to find a back glass for your car but it is at least$300 and I don't have that kind of money." Yet that very night he went to a casino and withdrew $400 + fees (four separate withdrawls). I simply want a divorce and want to have custody of our daughter. Does any of this make a case for me.

 

[irish223]

I don't know if any of that will matter since you moved away. If he didn't support you when you lived with him, that may be a consideration.

I think your best hope is that he doesn't file first, or contest the jurisdiction. I also think you should consider a consult with a local family law attorney.

The link below has more info to consider when you are able to file for divorce. Good luck.

http://research.lawyers.com/Texas/Divorce-in-Texas.html