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

Answers:

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.


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