What state can file divorce in when husband/wife live in different states.

What is the name of your state? Texas

My brother-in-law lives in Tx with my husband and I and he is seeking divorce and custody of his children. His wife moved to New Mexico to stay with her family. They were married and resided in Arizona. Where can the divorce be filed? Can it be filed in Texas? (He has lived here for 2 months now).

thanks!

deb_in_tex said:

What is the name of your state? Texas

My brother-in-law lives in Tx with my husband and I and he is seeking divorce and custody of his children. His wife moved to New Mexico to stay with her family. They were married and resided in Arizona. Where can the divorce be filed? Can it be filed in Texas? (He has lived here for 2 months now).

thanks!

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My response:

A divorce can be filed in any State of the Union - - however, residential laws must first be satisfied. Two months in Texas does not satisfy the law; i.e., any filing prior to 6 months of residency would not be heard by the court. Even if you did file in Texas, while that court could give you a "Decree of Divorce," that court would not have jurisdiction over the children, and could not make appropriate visitation and child support orders.

So, the better State to file in would be the State where the children have resided for the past 6 months. That way, that State will have jurisdiction over the children and make appropriate orders - - including granting the Divorce. Move to the State where the children are located.

IAAL