My husband and I got married at a TX border in 2012. He lives in Mexico and I live in TX. We have decided to file for divorce. We do not have children nor we have property together. We have mutually decided this decision. My question is how do I file in this cases. Where do I start? again I do live in TX and he is currently in Mexico. Do I have to consult with a lawyer or is this something I can do on my own?
Where you live is good. It is also best to hire a lawyer. Second best is to read this: https://www.texasbar.com/AM/Template.cfm?Section=Family_Law2&Template=/CM/ContentDisplay.cfm&ContentID=23444
Then see the first best answer.
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You file in the current county where you resided for 90 days. It always best to consult with an attorney. Your husband still have to be served with the complaint, so make sure that you can get a good service on him. If there is a mutual agreement, have an attorney draft (1) a waiver of service and (2) an agreed Divorce. Remember that you still have to wait 60 days before the Court can grant a divorce.
You file in the county where you have resided the preceding 90 days assuming 6 months' domicile in the State of Texas. The county of marriage is not relevant to county for filing divorce. You would be better to consult family law counsel and try to retain one. If you choose to do it yourself you can visit Texas.Law.Helps Supreme Court website for pro se forms.
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