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  1. #1
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    Sep 2016
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    Default Where to File for Divorce if Your Spouse is Incarcerated

    A couple was living in Texas, but broke up after the husband went to prison. The wife moved out-of-state. Can she file for divorce in her new state and, if not, where in Texas should she file -- the county where they lived, or the county in which the husband is incarcerated?

  2. #2
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    Default Re: Where to File for Divorce if Your Spouse is Incarcerated

    If she wants to file in Texas, she will file in the county in which the husband is presently incarcerated.

    If she wants to file in her new state, she may do so once she meets the residency requirements for her state and county, although there could be issues that need to be resolved in Texas if marital assets remain in that state and need to be divided in the divorce. Similarly, if child custody is involved the husband could try to get the case heard in Texas during the first six months after the wife's relocation. At the same time, the husband would also have the option of waiving any jurisdictional issues and allowing the case to be resolved in the new state.

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