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What does "domiciliary of Texas" in divorce means, and how it it established?

Plano, TX |

Can somebody point me to a link in tha law code that defines what this is? If one lives and works legally on work vise in TX for 2.5 years, are they considered to be domiciliary of Texas. This has to do with a divorce case in which husband is asking court to dismiss petition for the divorce on the grounds that they their domicile is outside of Texas, in Europe. Some section 6.301 is quoted in the request.

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Attorney answers 3

Posted

It isn't defined in a statute. Look to case law. Where do you primarily live? Sleep at night? Get your mail? Address on your driver's license? Address on your federal tax return? Tell ICE to contact you? "Domicile" has nothing to do with citizenship or country of origin. Why don't you get a lawyer and let a professional deal with this? When you're ill, do you diagnose and treat your own illness? Do you do your own auto repairs?

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

Asker

Posted

They've been legally here for 2.5 years, own a home, cars, insurance, are in process for green card. He took all of the credit cards and funds from her, so she has NO money whatsoever. She was hopping that temporary orders would be issued so she could fight. But he contested jurisdiction of the Texas court. If you know anybody willing to help her out, at least write a response that would be great. They are not without money, he earns around 100K a year, own properties etc., but he has cut all access to money to her.

Posted

I agree this is not addressed in the Texas Family Code, and instead is addressed by case law. To be a domiciliary of Texas you must have a fixed place of abode in Texas. The case law defines that constitutes a fixed place of abode, and there are a number of relevant factors. No one test applies to all situations.

Posted

To establish Texas as a domicile, a person must live in Texas with the intention of making it your fixed and permanent home.

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