Handling a divorce in Houston, Texas:
Where one party is out of state or out of the county
5005 Riverway Drive, Suite 450
Houston, Texas 77056
If one of the parties lives in Houston and the other party lives in another state (or country) can we get divorced in Houston?
In most cases, the answer is yes; that being said, each and every case is determined based on the specific facts of that case.
Texas Court have jurisdiction (authority to grant a divorce) if either the petitioner or the respondent has been:
- A domiciliary of this state for the preceding six-month period; and
- A resident of the county (Harris, Fort Bend, Montgomery, Brazoria, Galveston) for the preceding ninety-day period.
The above is the general rule. There are special rules for divorce by a nonresident spouse, people absent from Texas because of public service or the armed services, and other circumstances.
Also, if there are minor children involved, there are additional laws and limitations that must be addressed.
Over the years, I have handled a number of divorces where one party lives in the greater Houston area and the other party lives in another state or country. Frequently, these involve situations where the parties lived together in Houston, and then one party accepted a job in another state or country. Other times, I have seen the opposite – both parties lived in another state and one party moved to Houston.
Getting divorced while you and your spouse live in different states or countries is more complicated than when everyone lives in the same area.
I frequently get calls from out of state attorneys inquiring about divorce for one of their clients or a family member of one of their clients. I am happy to take their calls and try to help them.
For people who live out of state or out of the country, here is the best way I have found to handle their questions. Call my office and schedule a time for an initial telephone conference. I do charge a flat fee for telephone conferences. During the initial telephone conference, I try to figure out what is going on in the party’s lives and give general advice. Sometimes, it is as simple as, I cannot help you in Texas and you need to contact on attorney where you are located. Other times, on a preliminary basis, it appears I am going to be able to help them, in which case, I ask them to send me the following:
- Their biographical information – full names, addresses, employers, dates of marriage, dates of separation, etc.
- A 3 to 5 page narrative – the background of their relationship and marriage, their current situation, the issues they believe will be involved in their divorce, a description of their incomes, assets, properties, and liabilities.
- Any documents that they believe are important.
Once I get this information, then I schedule a follow up conference with them at which we discuss specifics of their case and my recommendations.
If you are out of the state or out of the country and have questions about your divorce in the greater Houston area,
contact John K. Grubb & Associates, P.C.