Can you file for divorce in your state of residence, if your children live in another state?

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Can you file for divorce in your state of residence, if your children live in another state?

Asked on January 3, 2013 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

Divorces can be filed in the state of residence of one of the spouses.... so you could potentially file the divorce in your state of residence, but if your divorce is combined with a custody suit (which a majority of divorces w/ children are), your ex-spouse could successfully file a motion to transfer the divorce/custody suit to the state where the children reside.  This is because venue for custody suits generally follow the children, not the parent.  Most people will file where the children reside because it consolidates the two actions into one -- which means one filing fee and one set of attorney's fees-- instead of one in each state. 


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