Am I still considered a resident of a state if I only iived there for 5 months in order to be able to file for divorce?

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Am I still considered a resident of a state if I only iived there for 5 months in order to be able to file for divorce?

Asked on October 1, 2012 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

Texas really focuses more on where you intend to be your home.  If you have moved to Texas, set it up as your main home, and have lived here with the intent to make it your home, then you will be considered domiciled here. 

If you are only here temporarily, then the answer would be different.  For example, many military people come to Texas for a temporary tour of duty or training, but they maintain their permanent residence elsewhere that they intend to return to after their assignment is completed.  In this instance, even though they resided here, they would not be considered domiciled.

Your actions and intent will controll.  If you live in Texas, work in Texas, and intend on living here, get your mail in Texas--- then these are all factors which support a qualified residency.  After you have been in Texas for six months and in a particular county for three months, then you can file for divorce.


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