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LegalKnowledge, Attorney
Category: Military Law
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Getting a divorce in Texas while stationed in Korea. I am

Customer Question

Getting a divorce in Texas while stationed in Korea. I am currently in Korea, my wife is living in Texas. We have lived there for 3 years prior to me coming here on a deployment, so my duty station is still technically in Texas. We have one child together who is just over a year old. I want to know if it's possible for me to complete a divorce while I am here. I am not contesting anything nor is she, and I am also not fighting for custody because of my military status. What are my options? Thank you very much.
Submitted: 1 year ago.
Category: Military Law
Expert:  LegalKnowledge replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Yes, you should be able to file in Texas. To file for a divorce in Texas, at the time the divorce is filed, either spouse must have been living in Texas for the preceding six-month period and a resident of the county in which the suit is filed for the preceding 90-day period. Any time spent outside of Texas while serving in the U.S. armed forces (or as an accompanying spouse of someone serving) is still counted as residency in Texas for the purpose of calculating the six-month and 90-day time periods.

If you do not live in Texas but your spouse does (and s/he has been living in Texas for at least the past six months), you can file a suit for divorce in the county in which s/he lives.

* Tex. Fam. Code § 6.301
** Tex. Fam. Code § 6.303
*** Tex. Fam. Code § 6.302

Customer: replied 1 year ago.
I understand sir, I am asking if I could get the divorce finalized while I am here in Korea. Or do I have to be present there in Texas.
Expert:  LegalKnowledge replied 1 year ago.

Thank you for the reply. If it is uncontested and everything is agreed upon, then you should not have to be present. Your wife can appear and your presence is not needed. If anything, you could submit to the court documentation showing you are on active duty and out of the country

Expert:  LegalKnowledge replied 1 year ago.

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