Can I file for legal separation or divorce in Texas despite the fact that I married in New Mexico?

I currently reside and work in Texas. My, soon to be, ex-wife resides and works in New Mexico. We have two children and share custody. I also give her money twice a month.

Asked on June 14, 2009 under Family Law, Texas


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can file for a divorce in Texas once you meet the residency requirements. Each state has different residency requirements where only one party resides in the state. Most states require a residency of at least six months and some like New York require two full years before granting permission to file divorce where the other is out of state. You need to consult with a Texas attorney as to whether you meet the residency requirements. However, the fact you can get a divorce will not mean that you can resolve other issues like custody, child support and property. The issues of custody and child support appear to be resolved legally.  If not, they will have to be done in New Mexico if the children have lived there for six months. Also, if you have property in New Mexico, this will have to be done there as well.  If these are already resolved, you are good to go once you meet the residency requirement.

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