Are there exceptions to residency requirements?

My husband lives in one state and I have been living in another for 4 months. I am seeking a divorce because of mental and emotional abuse. Is there any exception to the residency requirements for divorce because of this abuse?

Asked on June 10, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Texas requires you to live in the State 6 months before you can file for divorce.  If there is physical abuse, you may not be able to get the divorce just yet, but you can apply for a protective order without waiting for the six month residency period to lapse.   If children are involved, you can file an petition in suit affecting parent child relationship (basically a custody suit) without filing the divorce. In this custody suit, you can ask for a restraining order for the protection of your children. 
Bottom line.... even if you cannot get the divorce right now, you can get the ball moving on some of the components related to the divorce action to obtain the protection that you need.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.