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I am a military spouse currently stationed in texas. We moved here becuase my active duty husband was transferred here by orders. We are going through a nasty separation right now and I was wondering if the term "domicile" applies to me when refering to jurisdiction of court. We used to live in San Diego, CA for a few years before trainsfereing to Texas. I intend to move back to California with my children but am hesitant because I am unfamiliar with the laws of divorce. Please assist. Thank you.
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The issue here would be residency requirements. If you and your spouse filed your tax return in Texas then you would be a resident of Texas and could file for divorce or legal separation there. However, if you choose to move to CA, then you would need 6 months in the state and 3 months in the county in order to file in that county. You should speak with an attorney in Texas before you move so you understand your rights there.
Answered on Aug 09th, 2013 at 4:40 PM