Q: My spouse and I filed for divorce around the same time but in different counties. Which court has jurisdiction over my divorce?
A: The first to file acquired jurisdiction.
- “The general common law rule in Texas is that the court in which suit is first filed acquires dominant jurisdiction to the exclusion of other coordinate courts.” Curtis v. Gibbs, 511 S.W.2d 263, 267 (Tex. 1974).
- McAlister v. McAlister, 75 S.W.3d 481 (Tex. App.—San Antonio 2002, pet. denied) (applying the Curtis rule to a divorce case).
Q: If I moved to a different county in Texas, how long must I wait before filing for divorce?
A: At least one of the spouses must be a resident of the county for 90 days preceding the filing.
Q: If I moved to Texas, how long must I wait before filing for divorce?
A: At least one of the spouses must be a domiciliary of Texas for 6 months preceding the filing.