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Loren, Lawyer
Category: Family Law
Satisfied Customers: 33518
Experience:  30 plus years of experience.
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My husband and I have been married years. He splits s time

Customer Question

My husband and I have been married for 19 years. He splits his time between Colorado and Texas, while I live in Colorado. We have residences and pay real estate taxes in both states, and have significant assets. I just got evidence of adultery on his part. I work for his company as a contractor, but he is involved with a person working in our Houston office and the situation is very uncomfortable for me. I don't know whether I'm better off filing for a legal separation in Colorado, or for a divorce in Texas. Can I file for divorce in Texas, if I don't live there most of the time but have a legal residence there? I'm assuming that the courts in Texas will provide more likelihood of maintenance and more equal division of community property than Colorado.
Submitted: 1 year ago.
Category: Family Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

In order to file for a divorce in Texas, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

A suit for divorce may not be maintained in Texas unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.

Unless you are physically present in Texas, it does not sound as if you have a sufficient physical presence in Texas to meet the jurisdiction requirements to file there.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 1 year ago.
My husband is physically present in Texas on Tuesday through Friday of every week and lives in our jointly-owned home there.
Customer: replied 1 year ago.
Would this not be interpreted as him domiciling in Texas?
Customer: replied 1 year ago.
He had done this for the full 19 years of our marriage.
Expert:  Loren replied 1 year ago.

Does he have a Texas driver's license? Registered to vote in Texas?

Expert:  Loren replied 1 year ago.

In other words, it will work if he intends to be domiciled in Texas.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.