Two States, One Divorce: Where Should You File?

Divorce can be a complex process, especially if there are children or a large estate involved and the
couple can’t reach a division agreement outside of court. When these difficult issues arise, sometimes
the court has to step in to help settle disputes over property division, child custody, child support,
and more.

Divorce proceedings can become even less clear when the couple is separated and each spouse lives in
a different state. If you are considering or anticipating divorce, but aren’t sure where you should
file, the experienced Austin divorce lawyers of Slater, Kennon & Pugh Ltd.LLP can help to demystify the
process.

The primary rule for filing for divorce is that you must file in the state in which you reside. If you
and your spouse have separated and already live in different states, you can likely file for divorce
with either state. First, consider whether your spouse is willing to cooperate with the divorce. If
you think that your spouse may try to draw out the process, it may be better for you to file for divorce
within your own state. Initiating the divorce in your state can give you more control over the proceeding,
especially if you are already familiar with some divorce laws in the state.

If you and your spouse both agree to divorce, you may want to research the divorce laws of both your
state and the state in which your spouse resides. Since each state has different divorce laws, one state’s
laws may be more advantageous for you and your spouse. Perhaps one state is more likely to divide property
equitably, or the court costs will be lower. Consider consulting with a divorce lawyer in both states
to be sure that you are well informed on how the divorce would proceed in both places.

Contact Us

To learn more about Texas divorce laws and divorcing out of state, please
contact the Austin divorce attorneys of Slater, Kennon & Pugh Ltd.LLP today at 512-472-2431.