If I moved out of the country, how can I get divorced?

My husband is in prison for attacking me and I want to get divorced from him as quickly as possible.

Asked on November 8, 2011 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

You actually have two potential choices.  If you are out of the country, then you would need to consult with an attorney in that country to see what procedures are required for filing for divorce.  Your second option is to file for divorce in Texas if your husband is imprisoned in Texas.  Jurisdiction can be based on your residency or your spouse's residency.  Texas does not require both parties to live in the same county in order to file for a divorce.  If you return to Texas, and re-establish residency in Texas, then you could file for a divorce in the new county where you reside.  The usual hold-up in any divorce proceeding is getting a respondent (the other side) served with notice of the divorce.  If you can get the paperwork going while he is still in prison, you'll have a much easier time getting him served and getting your divorce finalized.  Considering that he's in prison, he may also agree to waive any future hearings and sign off on a divorce decree.  An attorney that specializes in family law can help you get the paperwork going for a Texas divorce. 


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