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tammyl66 · Dec 10, 2011, 07:25 PM

I was married in Hawaii(we lived in Texas and both of our other divorces had just been final since early suumer.) in August, moved there with my new husband, realized I had made a mistake. He has moved back to Texas and I am going back by Christmas. I left my last marriage with a lot of money, but he signed a pre nup before we got married through my attorney. I guess mine is a two fold question. Is the pre nup still good even though we married in Hawaii? He has nothing and I have supported him the entire two years we were together. Also does Texas law proceed Hawaii laws. I will be filing in Texas.

Fr_Chuck · Dec 10, 2011, 07:31 PM

Does not matter where you are married at, You may divorce where you live now if you have legal residence there and meet the requirements for divorce.

Where you were married has no bearing on any of this.
Where you were living when pre nups where signed ( they have to be legal by the state law where you were living)

And your divorce has to be in the state where you are a resident

JudyKayTee · Dec 11, 2011, 09:36 AM

Originally Posted by tammyl66

I was married in Hawaii(we lived in Texas and both of our other divorces had just been final since early suumer.) in August, moved there with my new husband, realized I had made a mistake. He has moved back to Texas and I am going back by Christmas. I left my last marriage with a lot of money, but he signed a pre nup before we got married through my attorney. I guess mine is a two fold question. Is the pre nup still good even though we married in Hawaii? He has nothing and I have supported him the entire two years we were together. Also does Texas law proceed Hawaii laws. I will be filing in Texas.

Yes, prenups are not State specific.

I don't know what you mean by, ".. does Texas law proceed Hawaii laws."

The law in your State of residence, which is where you need to file, will appy.

susangpyp · Dec 29, 2011, 06:06 PM

You have to satisfy the residency requirement of Texas before you can file for divorce. I believe it's 6 months in Texas. It doesn't matter where you got married; it matters where you live.

JudyKayTee · Dec 29, 2011, 06:59 PM

Originally Posted by susangpyp

You have to satisfy the residency requirement of Texas before you can file for divorce. I believe it's 6 months in Texas. It doesn't matter where you got married; it matters where you live.

Here, let me do your research for you so the OP doesn't have to guess if what you believe is correct:

"Texas Filing Requirements: In order to file for a divorce in Texas, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.

A person not previously a resident of this state who is serving in the armed forces of the United States and has been stationed at one or more military installations in this state for at least the last six months and at a military installation in a county of this state for at least the last 90 days is considered to be a Texas domiciliary and a resident of that county for those periods for the purpose of filing suit for dissolution of a marriage. (Texas Code - Family Code - Chapters: 6.301)"

Texas Divorce Source: Residency Requirements for Divorce: Texas