# Legal Question- County of Residence



## rrhouse (Jun 10, 2014)

For those who followed my post in the Reconciliation forum, I finally found a lawyer and am going through the divorce process. When I moved, I moved to a new county. This was back in June. My lawyer said this particular county is much easier and faster to file in (compared to the big city I moved from) but I'd have to either wait until September for the 90 days of residency to kick in, or file now and hope the issue corrects itself before the actual court date. 

In Texas, the person filing has to be a resident of the county filed in for 90 days prior to date of filing. Does anyone know if I'll get in trouble if they 90 days comes while I'm waiting for my court date? I don't want to get nailed for perjury or something because of something so silly. My ex keeps bringing it up and the lawyer keeps telling me to just not answer. Easier said than done!


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## Dude007 (Jun 22, 2015)

rrhouse said:


> For those who followed my post in the Reconciliation forum, I finally found a lawyer and am going through the divorce process. When I moved, I moved to a new county. This was back in June. My lawyer said this particular county is much easier and faster to file in (compared to the big city I moved from) but I'd have to either wait until September for the 90 days of residency to kick in, or file now and hope the issue corrects itself before the actual court date.
> 
> In Texas, the person filing has to be a resident of the county filed in for 90 days prior to date of filing. Does anyone know if I'll get in trouble if they 90 days comes while I'm waiting for my court date? I don't want to get nailed for perjury or something because of something so silly. My ex keeps bringing it up and the lawyer keeps telling me to just not answer. Easier said than done!


If your soon to be ex doesn't care, I think you are fine. (I'm in a small county in Texas near big ones too!!)


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## Absurdist (Oct 10, 2014)

rrhouse said:


> For those who followed my post in the Reconciliation forum, I finally found a lawyer and am going through the divorce process. When I moved, I moved to a new county. This was back in June. My lawyer said this particular county is much easier and faster to file in (compared to the big city I moved from) but I'd have to either wait until September for the 90 days of residency to kick in, or file now and hope the issue corrects itself before the actual court date.
> 
> In Texas, the person filing has to be a resident of the county filed in for 90 days prior to date of filing. Does anyone know if I'll get in trouble if they 90 days comes while I'm waiting for my court date? I don't want to get nailed for perjury or something because of something so silly. My ex keeps bringing it up and the lawyer keeps telling me to just not answer. Easier said than done!



I'm not licensed in Texas nor am I a divorce lawyer but I believe you have problems. The 90 day residency requirement is a prerequisite to filing. It can't be "cured" during the pendency of the divorce proceeding. The residency is jurisdictional meaning the court has no jurisdiction over you or your divorce if the requirements for filing have not been met. Could you get in trouble? Yes, if you state in court that you have met the residency requirement when you have not.

If your husband does not want the divorce, he could raise this issue himself and your divorce petition could be thrown out. You would have to start all over again.

Again, not in Texas but the laws are fairly uniform throughout the US as far as residency requirements are concerned.


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## kristin2349 (Sep 12, 2013)

The 90 day residency requirement is for prior to *filing*, I would not risk invalidating the divorce if I were you. It is just 90 days.


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## rrhouse (Jun 10, 2014)

Thank you all for the advice. He does want the divorce but he will use any opportunity to make me look bad or get me in trouble. I've decided to call the lawyer and request we file in the beginning of September, at the 90 day mark.


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