McNamara Law

  • Home
  • About
  • Contact Us
  • Services
    • Adoption
    • Custody & Visitation
    • Divorce
  • Library
    • Divorce
    • Children
    • Marriage
    • Amarillo Appellate Decisions
  • Archive Page
  • Testimonials
You are here: Home / Archives for courts

December 3, 2012 by Aaron Tress

When multiple courts may have jurisdiction over my divorce

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.

Filed Under: Divorce Tagged With: competing jurisdiction, concurrent jurisdiction, Coordinate jurisdiction, courts, divorce, first to file, Lubbock, overlapping jurisdiction, residency requirement, Texas

Contact

McNamara Law
2108 Broadway St
Lubbock, TX 79401
Phone: (806) 747-8989
Fax: (806) 722-2553

What Clients Say

  • I’m not sure how Bill ranks in expense vs. other lawyers. Divorce is expensive, but it pays to have the best on your side. Bill and his staff took very good care of my needs and I got the result I wanted. He is honest and will tell you the hard truth about your situation. Never the less he will fight hard for you in court. He is very organized and comes fully prepared to argue your case. I would look no further and would certainly use this firm again if the needed, hopefully not needed. Benjamin on Avvo

Family Law Blog

  • Sample Voir Dire Questions and Sample Jury Charge – Custody August 6, 2014
  • The Marital Estate: Community Debts May 2, 2014
  • Divorce Myth: Courts Often Do Not Divide Property 50/50 March 28, 2014
  • Special Appearances: Personal Jurisdiction in Divorce March 7, 2014

Family Law Library

Answers regarding Texas family law and available legal options.

Subscribe to Blog via Email

Links

  • Lubbock County Judiciary
  • Parent Locator Service
  • State of Texas
  • Texas Academy of Family Law Specialists
  • Texas Board of Legal Specialization
  • Texas Courts
  • The Collaborative Law Institute of Texas

Web Support by NetPresence.US   ·   Copyright © 2025   ·   Bill McNamara Law