If you’re living in Collin County and you want to get divorced, do you have to file in the county, or can you file anywhere that you’d like?
While you don’t have to file in a specific county, it is best to file in the state in which you live. If you just moved to Texas, you’ll need to wait at least 180 days before you can file. That’s how long it takes for you to be considered a resident.
Since divorce laws are different from one state to the next, it’s important to think about where you want to file. This is part of the reason you have to wait for the required period of time before filing. This prevents people from simply driving to the state that has the laws they’d like to use.
Now, it’s also most convenient to file near where you live since this process can take a significant amount of time. Other issues with child support or child custody could come up in the future, for example.
If the divorce was filed in a different state, you will have to commute back and forth for each court appearance. Experts note that if your spouse lives in a different state and is going to file there, you may be wise to move first and file in Texas, thus saving yourself that commute.
Remember, when deciding where to file, you want to think of the long-term ramifications. Divorce agreements are sometimes modified and altered, especially as children grow older and divorced individuals get remarried. Be sure you know the laws and plan for the future.
Source: FIndLaw, “Divorce Residency FAQ’s,” accessed Dec. 27, 2016