Is a divorce valid in TX if you were living w/spouse in CA when it was finalized?

[scottsintexas]

What is the name of your state?Texas. Is a divorce in the state of Texas valid if you were living with your spouse in another state (California) as husband and wife during the time the divorce was finalized? The divorce was filed in Texas in 1993, was finalized in Feb 1996. We reconciled in Dec 1995, moved to San Diego, CA in Jan 1996, and the divorce was finalized in Harris County, TX (Houston) in Feb 1996 while we were still living together as husband and wife. My first knowledge that the divorce was finalized was in May 1996.

 

[LdiJ]

What is the name of your state?Texas. Is a divorce in the state of Texas valid if you were living with your spouse in another state (California) as husband and wife during the time the divorce was finalized? The divorce was filed in Texas in 1993, was finalized in Feb 1996. We reconciled in Dec 1995, moved to San Diego, CA in Jan 1996, and the divorce was finalized in Harris County, TX (Houston) in Feb 1996 while we were still living together as husband and wife. My first knowledge that the divorce was finalized was in May 1996.

Yep...its still valid...you are divorced.

 

[rmet4nzkx]

It depends on the grounds you used to file for divorce, and why if you recinciled did you allow the divorce continue? re you still together?

LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) The marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation or (2) living separate and apart without cohabitation for 3 years. [Texas Codes Annotated; Family Code, Chapters 6.001 and 6.006].

General: (1) Adultery; (2) abandonment; (3) confinement for incurable insanity for 3 years; (4) conviction of a felony and imprisonment for over 1 year; and (5) cruel and inhuman treatment. [Texas Codes Annotated; Family Code, Chapters 6.001 to 6.007].

 

[LdiJ]

It depends on the grounds you used to file for divorce, and why if you recinciled did you allow the divorce continue? re you still together?

LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) The marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation or (2) living separate and apart without cohabitation for 3 years. [Texas Codes Annotated; Family Code, Chapters 6.001 and 6.006].

General: (1) Adultery; (2) abandonment; (3) confinement for incurable insanity for 3 years; (4) conviction of a felony and imprisonment for over 1 year; and (5) cruel and inhuman treatment. [Texas Codes Annotated; Family Code, Chapters 6.001 to 6.007].

Rmet...OP stated that the divorce was finalized. Obviously neither one of them realized that they had to dismiss the case, and it was already at the point where it just required the judge to sign off after the waiting period.

 

[rmet4nzkx]

OP did not provide the facts upon which to advise since reconcilliation is a factor in a TX no-fault divorce (2) and reconcilliation took place prior to divorce being finalized and they continued to represent themselves as man and wife both in Tx and in CA when they moved there, so there could be an argument that they were still married or common law married in TX. Depending on the facts, OP may still require a divorce. Although it is over 9 years since the divorce was final, if there was an error, the law allows for mistakes to be corrected. Op should consult a family law attorney in TX.

 

[stephenk]

since Texas obviously does not know about your move to California and how you two were living, the divorce is final.