How do I file for divorce in the U.S. while living abroad?

UPDATED: Sep 30, 2022

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How do I file for divorce in the U.S. while living abroad?

My husband and I got married 5 years ago in Texas. We have both lived outside
the U.S. for more than a year, and are still living abroad.

Am I able to file for divorce in Texas or anywhere in the U.S., or can I only file in
my current country of residence?

Asked on October 30, 2016 under Family Law, Texas


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

Answered 6 years ago | Contributor

To file for a divorce in Texas you must live in Texas.  This means that if you live abroad, then you are not a resident of Texas and cannot file for divorce in Texas.  However, there are exceptions.  If you and your husband are only abroad for a temporary assignment, but you both still consider Texas your permanent domicile or you are abroad because of service in the military and still consider Texas your domicile (main residence), then you may still be able to file in Texas. 
If you cannot file in Texas, then you can filed for divorce in your current country of residence.  Texas will usually honor foreign decrees (if needed later) for enforcement purposes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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