With the advancement of technology and travel, the world is becoming smaller and smaller. It is more common now than ever for spouses to be married abroad but relocate to Texas.
Q: Does Texas recognize foreign marriages?
Yes, Texas recognizes foreign marriages; however, the marriage must be legally valid in the country where the spouses were married.
Q: What is required to file for divorce in Texas?
To file for divorce in Texas, one of the spouses must live in Texas for at least six months and in the county for ninety days prior to filing.
Q: How can we begin the divorce process?
The spouse seeking a divorce must file an Original Petition for Divorce with the Court and have the other spouse served unless that spouse signs a Waiver of Service. Service is simple if both spouses live in Texas or the United States. However, service can be complicated if the spouse being served lives outside of the United States. If one of the spouses lives abroad, then they need to be served under the laws of the country where they reside, which can vary from country to country.
Q: How will Texas divide International Assets?
Texas is a community property jurisdiction, meaning, the Court presumes that all property is community property unless a spouse can show by clear and convincing evidence that a property is that spouse’s separate property. Generally, separate property is property that was owned prior to marriage, was gifted, or inherited. A Texas Court will divide the community estate in a manner that is fair and equitable, including all assets abroad. The main issues in a contentious international divorce are first, determining all property the spouses own abroad, and second, the value of said property. A spouse may not be forthcoming of their assets abroad which can make it difficult to account for all the assets. Additionally, it may be necessary to hire an appraiser to determine the value of property abroad, especially real property or business interests.
Q: Will Texas recognize my premarital/prenuptial agreement from another state or country?
Most likely. Texas recognizes choice law or election of law clauses in premarital agreements. These clauses allow a Texas Court to divide the estate per the parties’ original intent—even if Texas’s laws are different.
Q: My spouse and I have children, what do we do in the event of divorce?
This depends on where the children are located. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), for the Texas Court to have jurisdiction over children, the children must live in Texas for at least six months. If the children live abroad and there is not already a custody order in place, then this process may involve multiple jurisdictions to finalize the child issues.
Foreign Marriages are becoming more common. It is important to have a legal team that understands the intricacies of this process. The attorneys at Hunt Law Firm, PLLC are here to help. If you would like more information or to speak with an attorney, complete the contact form on this webpage or call us at 832-781-0320.