If I recently moved out of state, where do I file for a divorce?

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If I recently moved out of state, where do I file for a divorce?

My husband and I have been married for 23 years. I left him and took 3 of our children to another state to live with friends. I have been gone for 2 months. Can I still file for divorce in my old state? My husband has been verbally abusive and has been having internet affairs with men on line. Does that mean anything in a no-fault state?

Asked on November 12, 2012 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Typically, establishing residency in a new state takes about 6 months. Therefore, since you only relocated 2 months ago, the state with proper jurisdiction for your divorce filing would be the state that you are still a legal resident of (i.e. the state where you formally lived). You can also file in your husband's state if residence (but I assume that is the state that you just moved from).


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