When couples from different parts of the world marry, they often assume that the process of divorce must take place in the same country where the marriage occurred. However, in many cases, spouses married in another country can file for divorce in Texas, as long as they meet certain legal requirements. Understanding the laws that govern international divorces in Texas is essential for couples seeking to end their marriage while living in the state.
Can Spouses Married Abroad Divorce in Texas?
Yes, spouses married in another country can file for divorce in Texas, as long as they meet specific residency requirements outlined by Texas law. Texas is a no-fault divorce state, meaning you do not need to prove misconduct to file for divorce. However, to get a divorce in Texas, at least one spouse must meet the residency requirements:
- Residency Requirement: Either spouse must have lived in Texas for at least six months before filing for divorce. Additionally, the spouse filing for divorce must have resided in the county where they file for at least 90 days.
- Jurisdiction: Texas courts must have jurisdiction over the case, which typically requires the petitioner (the spouse filing for divorce) to be a resident of Texas.
If both spouses live in Texas or one spouse meets the residency requirements, then the divorce can proceed in the state, regardless of where the marriage took place.
Common Scenarios of International Marriages Seeking Divorce in Texas
Scenario 1: A U.S. Citizen Married Abroad
Suppose Emma, a U.S. citizen, marries Carlos, a citizen of Spain, while they are living in Madrid. After a few years of marriage, they decide to move to Texas for work. Once they establish Texas residency (living in Texas for at least six months), Emma can file for divorce in a Texas court, as long as they meet the jurisdictional residency requirements.
In this case, the fact that Emma and Carlos married in Spain does not prevent them from filing for divorce in Texas. The Texas courts have jurisdiction because they meet the residency requirement.
Scenario 2: Foreign Nationals Living in Texas
Let’s consider Ayesha and Zayd, who were married in India. They moved to Texas a few years ago for work and have lived in the state for more than a year. If Ayesha decides to file for divorce, she can do so in Texas even though their marriage took place abroad, as both spouses now meet the residency and jurisdiction requirements.
Even though their marriage was performed in India, the couple’s residence in Texas qualifies them for a divorce under Texas law. Ayesha would simply need to file the appropriate documents in the local family court.
Scenario 3: Expatriates Returning to Texas
In another scenario, John and Maria were married in the United Kingdom. After spending years working abroad, they return to Texas to live. Maria files for divorce after they establish residency. Since Maria is a resident of Texas, she can file for divorce even though their marriage was conducted in the U.K.
This case highlights that even couples with international marriages, where both spouses were previously living abroad, can divorce in Texas as long as one spouse meets the residency requirements.
Why File for Divorce in Texas if Married Abroad?
There are several reasons why couples may choose to file for divorce in Texas, even if they married in another country:
- Convenience: If one spouse is already residing in Texas and meets the state’s residency requirements, it’s often more practical to file for divorce locally.
- Legal Protections: Texas law offers protections for community property and child custody, which may benefit the spouse filing for divorce. If children are involved, the Texas court can issue custody orders and child support decisions.
- Efficient Process: Texas divorce courts are experienced in handling international divorces and can efficiently process cases involving foreign marriages.
How can we assist?
Spouses married in another country can divorce in Texas, as long as they meet the state’s residency requirements. Texas offers a fair and efficient process for international divorces, providing legal protections for those seeking to end their marriages.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.