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

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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

Answers:

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

Answered 4 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.


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