Crossing State Lines Does Not Prevent a Texas Divorce
It is common for spouses to live in different states by the time a divorce is filed. One spouse may have accepted a new job, relocated after separation, remained in the military, or moved closer to family. Likewise, parents involved in child custody disputes frequently live in different states by the time litigation begins.

Although these situations are common, they raise important legal questions that do not exist when everyone lives in Texas. The first issue is usually not who should receive the house or who should be awarded custody. Instead, the court must first determine whether it has jurisdiction to hear the case.

Jurisdiction is often one of the most important issues in an interstate divorce because a court that lacks jurisdiction cannot issue a valid order.

Can I File for Divorce in Texas if My Spouse Lives in Another State?
In many cases, yes.

A Texas court may grant a divorce even if the other spouse resides in another state, provided the residency requirements of the Texas Family Code have been satisfied.

Under Texas Family Code §§ 6.301 and 6.305, one spouse generally must have been domiciled in Texas for at least six months and a resident of the county where the divorce is filed for at least ninety days before filing suit.

The fact that the other spouse lives elsewhere does not necessarily prevent a Texas court from dissolving the marriage.

Personal Jurisdiction Is a Separate Question
Although a Texas court may have authority to grant the divorce itself, additional jurisdiction may be required before the court can make certain financial orders affecting the spouse who lives outside Texas.

For example, issues involving property division, spousal maintenance, attorney's fees, or other monetary obligations may require the court to have personal jurisdiction over the out-of-state spouse.

Whether personal jurisdiction exists depends upon the facts of each case, including the spouse's contacts with Texas and the provisions of Texas Family Code § 6.305.

Because jurisdictional issues can be complex, they should be evaluated before significant litigation begins.

Child Custody Is Governed by a Different Set of Rules
When children are involved, the analysis becomes even more complicated.

Child custody is generally governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which Texas has adopted in Chapter 152 of the Texas Family Code.

The UCCJEA is designed to prevent competing custody orders from different states and to ensure that custody disputes are decided in the state with the closest connection to the child.

In most cases, the child's home state has jurisdiction to make the initial custody determination. The home state is generally the state where the child has lived with a parent for at least six consecutive months immediately before the lawsuit is filed. See Tex. Fam. Code § 152.102(7) and § 152.201.

Because the home-state determination is often outcome-determinative, parents should consult an attorney before filing if the child has recently moved.

Child Support Is Controlled by Different Jurisdictional Rules
Child support is governed by yet another body of law.

Texas has adopted the Uniform Interstate Family Support Act (UIFSA), found in Chapter 159 of the Texas Family Code.
UIFSA determines which state has authority to establish, enforce, or modify child support orders when parents reside in different states.

A parent cannot simply choose whichever state appears most favorable. The applicable jurisdiction depends upon the existing support order, the parties' residences, and the specific provisions of UIFSA.

Interstate child support cases often require careful analysis before filing any modification or enforcement action.

Serving an Out-of-State Spouse
Serving divorce papers on an out-of-state spouse generally requires compliance with the Texas Rules of Civil Procedure and, in some circumstances, the laws of the state where service is accomplished.

Fortunately, modern service procedures allow many out-of-state defendants to be served without extraordinary difficulty. However, additional planning is often necessary when a spouse resides outside the United States or cannot be located despite diligent efforts.

Improper service can delay the case and may affect the validity of any judgment entered by the court.

Dividing Property Located in Another State
Owning property outside Texas does not necessarily prevent a Texas court from addressing it during a divorce.

Vacation homes, rental properties, investment real estate, mineral interests, businesses, and other assets located in another state frequently become part of the marital estate.

Although Texas courts may determine the parties' ownership interests, transferring title to real property located in another state sometimes requires additional documents or proceedings under the law of the state where the property is located.

Interstate property division therefore often requires coordination beyond the Final Decree of Divorce.

Moving During the Divorce Can Create Additional Issues
Many people consider relocating after the divorce has been filed.

When children are involved, however, moving to another state while the case is pending may violate standing orders, temporary orders, or other court directives. Even after the divorce is finalized, a geographic restriction may prevent the parent with the exclusive right to designate the child's primary residence from relocating outside a specified area without further court approval.

Parents should discuss any proposed relocation with their attorney before making permanent plans.

Interstate Cases Often Require More Planning
Cases involving multiple states are generally more complex than divorces where everyone lives in the same jurisdiction.

Questions regarding jurisdiction, service of process, interstate discovery, custody, child support, retirement benefits, and enforcement frequently arise early in the litigation. Addressing those issues correctly at the beginning of the case often prevents costly jurisdictional disputes later.

Fergus & Tomanka Represents Clients in Interstate Divorce Cases
Interstate divorce cases require more than an understanding of Texas divorce law. They often involve the interaction of the Texas Family Code, the UCCJEA, UIFSA, constitutional jurisdictional principles, and the laws of other states.

At Fergus & Tomanka, we regularly represent clients throughout Central Texas in interstate divorce, child custody, child support, relocation, and jurisdictional disputes. Whether your spouse has moved away, your child now lives in another state, or you have property located outside Texas, we can help determine where your case should be filed and develop a strategy to protect your rights.