Can You Get Divorced in a Different State Than You Were Married? A Texas Guide

If your marriage occurred outside Texas but you now live in the state, you might wonder, Can you get divorced in a different state than you were married? Yes, you can get divorced in a different state. Generally, the process works the same as if you were married in Texas, but the process may vary slightly depending on you and your spouse’s remaining ties to your previous state.

With years of experience and a client-centered approach, The Larson Law Office is dedicated to offering compassionate guidance, creative solutions, and dedicated support. Contact us today to schedule a free consultation.

Can You Get Divorced in a Different State Than You Were Married In?

In short, yes—the location of your marriage does not determine where you can file for divorce. You can file for divorce in any state with jurisdiction over your marriage. When a state has jurisdiction over your marriage, its state courts have the power and authority to issue binding court orders related to the marriage. 

Filing for divorce in a different state than the state you got married in means your divorce becomes subject to the law of the state where you file. So, when you file in Texas, Texas law applies to your divorce, regardless of where you got married.

When Can You File for Divorce Out of State? Texas Residency Requirements

To qualify to file for divorce in Texas, you or your spouse must meet the state’s residency requirements. To meet those requirements, one or both of you must have lived in Texas for at least six months, and the filing spouse must have lived in the county where they file for at least 90 days. Special rules apply to individuals serving in the military or temporarily residing outside of Texas. In those circumstances, you may still be able to file in Texas if you consider the state your permanent home and have not established another permanent home.

Unique Considerations for Divorces That Cross State Lines

Each state has its own family laws. Therefore, when a divorce crosses state lines, issues like caring for minor children or dividing property can become more complicated—particularly when children, property, or your spouse are in another state. 

Child Custody Across State Lines

When you divorce, you make provisions to care for any minor children by determining who has custody. Child custody matters involving different states follow a law all states have adopted or are in the process of adopting, called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). 

Under the UCCJEA:

• A child’s home state has jurisdiction over child custody; 
• The child’s home state is where they have lived with a parent for at least six months before the custody case begins; and
• In an emergency, courts in states other than the child’s home state can make custody decisions.

To qualify for emergency jurisdiction, the child must be present in the state, and they must have been abandoned. Alternatively, one of the following individuals must be at risk of abuse or mistreatment:

• The child,
• A sibling, or
• The child’s parent.

Parents should also consider how custody arrangements may affect visitation schedules and travel, especially if the other parent lives far away.

Child Support Across State Lines

The Uniform Interstate Family Support Act (UIFSA) governs child support matters that cross state lines and establishes rules for determining which state can issue or modify child support orders. 

Typically, the state where the person paying support resides has jurisdiction. If the paying spouse is out of state and you file in Texas, you can establish jurisdiction if:

• You serve them with the court papers within Texas borders, 
• They agree to cooperate with the court process, 
• They ever lived in the state with the child, or 
• The child lives in Texas as a result of something they did.

Under UIFSA, the state that issued the order usually has the authority to modify it, but you can register the order in a new state to give it jurisdiction. 

Property Division Across State Lines

Texas follows community property rules, which means property and money earned during the marriage are shared equally between spouses. However, assets located in other states may be subject to the laws of those states. Therefore, you might have to work with the court in the jurisdiction where the property is located along with the Texas courts. Your lawyer can advise you more specifically.

A Spouse Living Out of State

When one spouse lives outside Texas, the logistics of the case can be more complicated, particularly with respect to:

• The filing spouse’s ability to serve the other spouse with divorce papers;
• The spouses’ ability to locate attorneys versed in the law of the state where they file for divorce; and
• The burden on the out-of-state spouse who may have to travel to Texas for court hearings, mediation, and negotiations.

You can resolve some of these issues through virtual communication, but others may mean the divorce process takes longer or costs more.

Limited Spousal Support 

Ultimately, Texas law is not ideal for those seeking spousal support—also known as alimony or spousal maintenance—for the following reasons:

• The spouses must have been married for at least 10 years to qualify;
• The spouse seeking maintenance must prove they are unable to support themselves due to a disability, or they must prove the other spouse was convicted of a family violence offense; 
• Maintenance can usually last for up to 5 years maximum;
• Texas law caps the maximum amount of maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income; and
• Texas does not allow for long-term or permanent spousal support. 

While Texas does authorize spousal support, the circumstances in which you can qualify are more limited than in other states. 

Charting the Path to Resolution with the Larson Law Office

Divorce is never easy, but working with a dedicated attorney can make the process smoother. The Larson Law Office understands the emotional and legal challenges of divorce, including issues involving the laws of other states. We take the time to explain your rights, present your options, and create a plan that fits your needs. Our approach emphasizes clarity, honesty, and efficiency. We are committed to helping you find fair solutions while reducing stress and conflict. Contact us today to schedule a consultation.

 

Resources:

Texas Family Code § 8.001, link.

Texas Family Code § 8.051, link.

Texas Family Code § 8.052, link.

Texas Family Code § 8.054, link.

Texas Family Code § 8.055, link.

Texas Family Code § 152.102, link.

Texas Family Code § 152.201, link.

Texas Family Code § 152.204, link.

Texas Family Code § 159.102, link.

Texas Family Code § 159.201, link.

Texas Family Code § 159.205, link.

TexasLawHelp.org, How to Serve the Initial Divorce Papers, link.