I'll explain this as best I can. My girlfriend and her husband are separated, and lived together in Texas with two children at the time of separation. She has since moved to Louisiana, and has been there now for about 7 months, and the children have been with her. She has spoken to a divorce attorney out there, though nothing has been started/filed yet. She has been told that she needs to be separated for 1 year before starting a divorce with children in LA, but she was also told only 6 months were required for residency.
Currently she is looking to move back to Texas, but we are curious what effect this will have on getting a divorce. With the children still technically being LA residents, will she need to be in TX for a period of time before she can start the process? Would it be better for her to stay there? Any advice or some pros and cons on this would help a great deal. Her husband has continued to reside in TX since the split.
Please let me know if any details are needed. Thanks!
Ok, now to refine this question! I have been reading around, but I'm not sure I understand 100%. It seems as if it is the case that as long as her husband has lived in Texas for more than 6 months, she can file in Texas. Is this accurate? Does she have to file in the county that he lives in? If she moves here, and stays for more than 6 months, can she then have more flexibility of filing in the county that she lives in? Does having children change any of the residency requirements?
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