You can file for divorce in Florida if you or your spouse has lived in Florida for at least the last 6 months.
You can file for divorce in Texas if you or your spouse has lived:
- in Texas for at least the last 6 months, and
- in the county where you file for divorce for at least the last 90 days.
See Texas Family Code Section 6.301.
Note for military families: If you are serving in the military or other government service outside of Texas you may still file for divorce in Texas if:
- Texas has been the home state of either you or your spouse for at least 6 months and
- the county where you plan to file the divorce has been the home county of either spouse for at least 90 days.
The same rule applies if you accompanied your spouse who is serving in the military or other government service outside of Texas. If Texas is your home state, time spent outside of Texas with your military spouse counts as time spent in Texas.
How Long Will My Divorce Take?
In almost all cases, you must wait at least 60 days before you can finish your divorce.
When counting the 60 days, find the day you filed your Original Petition for Divorce on a calendar, and then count out 60 more days (including weekends and holidays). If the 60th day falls on a weekend or holiday, go to the next business day. Note: When counting the 60-day waiting period, don’t count the day you filed your Original Petition for Divorce. Day 1 is the next day.
There are only two exceptions to the 60-day waiting period.
- If your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household, the 60-day waiting period is waived.
- If you have an active protective order or an active magistrate’s order for emergency protection against your spouse because of family violence during your marriage, the 60-day waiting period is waived.
Note: You can always wait longer than 60 days, but your divorce cannot be finished in fewer than 60 days unless one of these exceptions applies.
Why Our Office?
The Offices of Murray & Silva, P.A. have successfully handled many uncontested or agreed upon divorces. Our offices ensure that your divorce is processed efficiently and professionally.
Contact our family immigration lawyer today!
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