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My situation is this. I want to file for Divorce. I have a 12 year old. I live in Lewisvil

 
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  • Answered by:Brandon M.
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Customer Question

My situation is this. I want to file for Divorce. I have a 12 year old. I live in Lewisville,Texas. I will possibly have a job offer as a Dental assistant in San Antonio.mWhere should I file for Divorce if I get the job and want my son with me? My concern-my son has 5 weeks of school left.I would need this job to provide for our future.

 

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State/Country relating to question: Texas

Already Tried:
I have done nothing so far.

Submitted: 723 days and 13 hours ago.
Category: Family Law
Value: $45
Status: CLOSED
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Expert:  Brandon M. replied 723 days and 12 hours ago.

Hello there:

Where does your spouse reside?

Customer replied 723 days and 12 hours ago.

My spouse resides in Lewisville,Texas in Denton County. This is also where I reside at thisntime also.

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Expert:  Brandon M. replied 723 days and 12 hours ago.

Hello again:

You actually do not have any choice in the matter right now. To file for divorce in any given county in Texas, at least one spouse must have lived in the county for 90 consecutive days prior to the date of filing. This means that if you moved to San Antonio tomorrow, you would still have to wait 90 days before you could file there instead of Denton County.

That said, if you can delay filing, it is usually beneficial to file in the county where you expect to reside in the future. Custody cases last for the entire minority (until age 18) of the child, and can even last well into the child's majority. You can usually anticipate several court appearances for the years to come, so most people would prefer to do that closer to home for logistical purposes.

I hope that this information helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.

Expert TypeFamily Law Attorney
Category: Family Law
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Answered: 5/1/2011

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