Often in the context of pursuing a green card, a divorce may be required in order for the immigrant to legally marry the U.S. citizen or lawful permanent resident. The office of Michael G. Murray represents clients in divorce proceedings where there are no minor children and both sides have agreed (Agreed Divorce without Children); or divorce proceedings where one side has been absent from the jurisdiction of the court and is unable to be located (Default Divorce without Children).
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.
There is disagreement as to whether Texas may grant a same-sex divorce: a Dallas court has ruled “no,” while a Travis County Judge has granted such a divorce.
Why Our Immigration Law Office?
The Offices of Michael G. Murray, P.A. have successfully handled many uncontested or agreed upon divorces. Our offices ensure that your divorce is processed efficiently and professionally.
An Austin immigration lawyer – Abogados de Inmigracion en Austin TX – can help you obtain your divorce. Learn more by contacting Michael G. Murray, P.A today!