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Can I file for divorce in my county even though my spouse had file at a different county?

Wichita Falls, TX |

My ex file for divorce in wise county but the process is being delayed because we both can't afford attorney or at least I can't. I do want the divorce done asap. We do have a child and we can't rich any good agreement as far as custody goes. This is slowing a lot of things for me especially making sure our child is safe and raised in the right direction. I need help.

Attorney Answers 2


I agree with Mr. Harris on this as far as the legal end of things goes, but would just add in one practical consideration. Let's say you did somehow manage to successfully refile in another county. That would probably actually slow the divorce down, not speed it up (nor would it change the issue of you not having an attorney, nor would it change whatever custody issues you're going to be facing). So please don't be discouraged by the fact that you can't refile--it wouldn't help you anyway.

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No. Once the case is filed, you cannot file in another county unless the first one is dismissed. Even if you did file, it would be simple for her to have yours dismissed because hers would take precedence.

However, if the county that she filed in is not the proper venue (county) then you can make a Motion to Transfer Venue and move it to your county.

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