For many married couples who are contemplating divorce, it can be difficult to even come to the decision. When considering a divorce, there are many factors both spouses think about before committing to the decision. However, one of the factors that many married couples rarely consider is how their location will affect their divorce.
In San Antonio, there are many issues when it comes to residency that can affect the divorce process. Here are some of the ways that your or your ex-spouse’s residency can affect your divorce proceeding.
What are the residency requirements for divorce in Texas?
It may surprise many couples to know that residency is one of the main issues that prevent couples from filing for divorce. Many states require married couples to follow different divorce laws when filing. In Texas, married couples are expected to follow residency requirements to be able to file for divorce. Your residency requirements depend on your circumstances. To be able to file for divorce in central Texas, you or your spouse must:
- Have lived in Texas for at least six months before filing for divorce
- Have lived in the county where you plan to file for at least 90 days before filing for divorce
Exceptions to divorce residency requirements
If you or your spouse do not meet these residency requirements, you will not be able to file for divorce until you do. However, there are some exceptions to these requirements. Some of the following exceptions include:
- Living in a different state or country than your spouse. You or your ex-spouse may not live in the same residence for various reasons. You may not even live in the same state or country as your ex-spouse while you are thinking about filing for divorce. If you live in a different state or country but your spouse lives in Texas, you will not be required to move to Texas to file a divorce. However, if your spouse currently lives in Texas, they must have lived in Texas for at least six months for you to file a divorce in the Texas county where your spouse lives.
- Spouses who serve in the military. You or your spouse may serve in the military and be stationed in another state. You or your spouse may be stationed on a military base in Texas. If you or your spouse is a member of the Armed Forces, you will be allowed to file for divorce in Texas if you have been stationed there for at least six months. If you or your spouse want to file in a specific county, you or your spouse must have been stationed in the county for at least 90 days.
- Spouses who work as public servants. Another situation where you or your spouse do not have to abide by the residency requirements is if you or your spouse work as a public servant. As a public servant, your occupation may require you to work and live out of state. If you or your spouse are a Texas resident and your work as a public servant takes you away from the state or country for a while, you or your spouse are still considered Texas residents when filing for a divorce.
Residency and child custody visitation
One of the most difficult aspects of a divorce proceeding is determining child custody and visitation schedules for children. If you or your spouse live in a different state or are planning to move out of state with the children, it can make the ability to establish a fair visitation schedule difficult. That is why the courts issue a residency restriction. A residency restriction is a geographical limit that the courts place that determine where a child is allowed to live.
One of the main benefits of a residency restriction is that it makes it easier for both parents to have constant access to their children. Many courts place residency restrictions in divorce proceedings as a way to operate in the children’s best interests. A residency restriction demands that if you or your spouse want to move, you must notify the other party before taking any action. A residency restriction also establishes particular boundaries that one or both parties must live within to keep as close to one another as possible.
However, a residency restriction can present a problem for the parent who does not live with the child the majority of the time. For the parent who does not have physical custody of the child, he or she must prove to the court that it is in the child’s best interest that they remain active in their life. The non-custodial parent must prove to the courts why it makes sense for the residency restriction to be put in place.
How a San Antonio family law attorney can help
When you are considering filing for divorce, serious issues like child custody and visitation schedules will have to be established. You want the divorce proceeding to flow as smoothly as possible. You do not want any residency requirements or residency restrictions to affect the transition that your family will have to be accustomed to. Most importantly, you do not want to get involved in a confrontation with your spouse about the residency issues of your children. A San Antonio family law attorney can help ensure that your divorce proceeds as compassionately as possible.
The family law attorneys at Grable Grimshaw, PLLC, are parents as well. We understand how important it is for you to do what is in the best interests of your children, and will help the process flow as fairly and efficiently as possible.
When you need a family law attorney who is compassionate to your needs but tough in the courtroom, contact the family law attorneys at the Grable Grimshaw, PLLC. Call us today at 210-963-5297 or fill out our contact form.