Texas Divorce Law...

Texas Law - What if a Spouse Lives Out of State?

The court will grant a divorce even if only one party resides in Texas.

The court will decide financial matters as well, if Texas was the last marital residence of the couple, and the suit is filed within two years after the marital residence ended.

If the spouse has sufficient other connections with the state, the court may also decide financial matters.

However, in general, the other spouse must at least be notified.

The other spouse should be given a reasonable opportunity to respond. The other spouse's response may include a defense against the divorce, but most often it relates to issues of property division, child support and alimony.

If the other spouse can not actually be found, the court will typically require that a good faith effort using reasonable means to locate the other party have been tried.

Section 3.26.

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