The process of divorce is not always as simple as people would hope. There are state laws and rules that both opposite-sex couples and same-sex couples must adhere to if they want to start the divorce process and get things finalized in a timely manner. While there are a number of things that can prevent a person from filing for divorce, residency is the main issue that people may experience when they plan to file for divorce because it can affect when they can do so.
Depending on where a person lives, the residency requirement of that state can prevent them from filing for divorce when they want. Residency requirements vary from state to state, so before people attempt to move forward with the divorce process, they should look into how long they have to be a legal resident before they can file. In Texas, in order for a person to file for divorce they have to have been a resident for no less than six months.
This residency requirement may pose an issue for an individual who has not been a resident in a state long enough to file. However, the individual’s spouse can file in the state in which he or she lives, provided the spouse has been a resident long enough. This means that if your spouse files in another state, you may have to travel to that state for your divorce proceedings. This can be an inconvenience depending on what state your spouse lives in and how far away it is from Texas.
If you are in a same-sex marriage and are considering filing for divorce, an attorney may be able to assist you. There are a number of issues that can arise before and during the divorce process and cause disputes, so people should be prepared to fight for what they believe is fair. An attorney may be able to assist with the process and help you win your dispute against your spouse.