In today’s economic times, divorce and bankruptcy often go hand in hand. It’s important to know what role bankruptcy can play in a pending divorce suit.
You may be able to file for divorce while you have a pending bankruptcy filing and the court may render judgment on issues such as child support or conservatorship issues. Many courts will not award property while your bankruptcy is still pending and your
To obtain a divorce in the state of Texas, at least one of the spouses must have been domiciled in the state of Texas for the six months preceding the filing of the divorce suit as well as a resident of the county in which the suit will be filed for at least the preceding 90 days. If neither spouse has been a Texas resident for at least six months prior to filing the suit, you have not established jurisdiction and will need to wait until six months have passed until you may file for divorce in Texas. This is a jurisdictional issue, meaning that the Court has no power to grant a divorce until at least one spouse has met the residency requirements.
To file a suit affecting a parent-child relationship or modification suit, the state of Texas must acquire jurisdiction over the child or children subject to the suit. The child or children must reside in Texas for at least six months for the state to assume jurisdiction. If there is a previous order relating to the children issued by another state, a party must request the registration of a foreign judgment in Texas before an original petition to modify an existing order may be filed. This request is in addition to the requirement that the child have resided in Texas for at least six months.