Question 1

Can one law firm handle a divorce that involves both Texas and California?

Accepted Answer

Yes, in many cases. Carla L. Hartley and R. Benjamin Vojtik are licensed in both California and Texas, so they can advise on both states’ laws and appear in either state’s courts. Some cases still need separate filings in each state, for example to transfer title to real estate or to register an order, and we explain at the start when that applies.

Question 2

Which state’s court decides our divorce?

Accepted Answer

A divorce is usually filed where at least one spouse meets the residency rule. California requires six months of residence in the state and three months in the county (Cal. Fam. Code § 2320). Texas requires six months of domicile in Texas and 90 days in the county (Tex. Fam. Code § 6.301). To divide property or order support, the court also needs personal jurisdiction over the other spouse, which is a separate question.

Question 3

Which state decides custody when parents live in different states?

Accepted Answer

Custody usually belongs to the child’s “home state”: the state where the child lived with a parent for the six consecutive months just before the case was filed, counting temporary absences (Cal. Fam. Code §§ 3402(g), 3421; Tex. Fam. Code §§ 152.102(7), 152.201). If the child moved recently, the former home state usually keeps that role for six months while a parent still lives there. Once a court makes a custody order, it generally keeps exclusive authority to change it (Cal. Fam. Code § 3422; Tex. Fam. Code § 152.202).

Question 4

A loved one owned property in both Texas and California. Where does probate happen?

Accepted Answer

Often in both states. The main (domiciliary) probate is usually opened in the state where the person lived at death, and a second (ancillary) proceeding is often needed in the other state for real estate located there, because real estate is generally governed by the law of the state where it sits. Carla L. Hartley and R. Benjamin Vojtik are licensed in both states and can coordinate both proceedings.

Question 5

Which state’s child support order controls, and how do the guidelines differ?

Accepted Answer

Under the Uniform Interstate Family Support Act (UIFSA), adopted by both states, only one child support order controls at a time, and the state that issued it usually keeps authority to modify it while a parent or the child still lives there (Cal. Fam. Code § 5700.205; Tex. Fam. Code § 159.205). The formulas differ. California uses a statewide formula based on both parents’ incomes and parenting time (Cal. Fam. Code § 4055). Texas applies guideline percentages to the paying parent’s net resources up to $11,700 a month, effective September 1, 2025; above that, more support depends on the child’s proven needs (Tex. Fam. Code §§ 154.125, 154.126).

Question 6

Which state’s law decides how property is divided?

Accepted Answer

Texas and California are both community property states, but they divide property differently. California generally divides community property equally (Cal. Fam. Code § 2550). Texas divides it in a way the court finds “just and right,” which can be unequal (Tex. Fam. Code § 7.001). Both states can treat property a spouse earned while living in another state as if it were community property (“quasi-community property”) (Cal. Fam. Code § 125; Tex. Fam. Code § 7.002). Real estate is generally governed by the law of the state where it sits.

Question 7

Is spousal support different in Texas and California?

Accepted Answer

Yes, and the gap is large. California courts can order spousal support after weighing the factors in Cal. Fam. Code § 4320, and support after a marriage of 10 years or more has no set end date. Texas spousal maintenance is available only in limited situations, is capped at the lesser of $5,000 a month or 20% of the paying spouse’s average monthly gross income, and is limited in duration (Tex. Fam. Code §§ 8.051, 8.054, 8.055). Which state hears the case can therefore change the result.

Question 8

My spouse filed in the other state first. What should I do?

Accepted Answer

Do not ignore the papers. Response deadlines are short: generally 30 days after service in California and, in Texas, by 10:00 a.m. on the Monday after 20 days have passed (Cal. Code Civ. Proc. § 412.20; Tex. R. Civ. P. 99(b)). If the other state’s court lacks jurisdiction, there are specific ways to object without giving up that objection, such as a motion to quash in California or a special appearance in Texas (Cal. Code Civ. Proc. § 418.10; Tex. R. Civ. P. 120a). Talk with a lawyer licensed in both states before you file anything.

Question 9

Can I move between Texas and California with my children?

Accepted Answer

If a custody order or a pending case limits where your child lives, you need the other parent’s written agreement or a court order before you move. California courts decide contested move-aways by looking at the child’s best interest, including the effect of the move on the child (In re Marriage of LaMusga (2004) 32 Cal.4th 1072). Texas orders often include a geographic restriction on the child’s residence. A move can also change which state will hear future custody disputes.

Question 10

We are a military family. Where can we file, and what protections apply?

Accepted Answer

Military families often have more than one possible state for a divorce, because legal residence (domicile) and duty station can differ. Texas counts time a service member spends stationed at a Texas military installation toward its residency rule (Tex. Fam. Code § 6.304), and California has its own residency rules for service members (Cal. Fam. Code § 2320). Federal law lets a court divide military retired pay as property (10 U.S.C. § 1408) and lets an active-duty service member ask for a stay of a civil case in some circumstances (50 U.S.C. § 3932).

Question 11

What if one parent works on rotation or overseas?

Accepted Answer

For custody jurisdiction, both states treat a foreign country like a U.S. state, and time a child spends away on a temporary trip can still count toward the home-state period (Cal. Fam. Code § 3405; Tex. Fam. Code § 152.105). Parenting plans can be built around a rotation schedule instead of a standard weekend schedule. If a child is taken to or kept in another country, the Hague Abduction Convention may apply, but only with countries that are U.S. treaty partners. The firm has held remote video consultations with overseas clients since 2012.

Question 12

What happens if my case reaches a third state, such as Arizona or Florida?

Accepted Answer

Our attorneys can ask that state’s court for permission to appear in your case (pro hac vice) or work alongside a local lawyer there, so one team keeps running your case. Permission is decided case by case and is never guaranteed, and it does not license our attorneys to practice generally in that state. Our attorneys are licensed only in California and Texas. Read more on our pro hac vice services page.

Homes or businesses in both states	Military families moving under orders	Energy work on rotation or overseas
A couple owns a house, rental property or a company in one state and lives in the other, or moved from California to Texas (or back) during the marriage.	A service member or spouse is stationed at, or moves between, installations such as Naval Base Ventura County and NAS JRB Fort Worth on permanent change of station (PCS) orders.	One spouse works a 14/14 or 28/28 hitch, moves between basins, or takes an assignment outside the United States, while the family lives in California or Texas.
Typical questions: which state hears the divorce, how each state treats a business or real estate, which state’s support rules apply, and how an estate plan or probate works when property sits in both states.	Typical questions: where to file, custody during deployment, dividing military retired pay, and court protections for service members on active duty.	Typical questions: which state is the child’s “home state,” parenting schedules that fit a rotation, per diem and overseas pay in support, and serving papers abroad.
We help with: divorce or estate planning for business owners and high-asset families or individuals whose homes, companies or investments sit in Texas, California or both, so the family side and the business side are planned together. Learn more: Texas–California divorce for business owners and high-asset families.	We help with: service members, military spouses and military retirees who are divorcing or planning their estates, including plans that work around orders, deployments and military retired pay. Local pages: Ventura military divorce and Arlington military divorce.	We help with: custody schedules built around a rotation, child and spousal support when pay includes per diem or overseas income, and serving papers on a spouse or parent who is abroad. Related: Hague Convention cases and interstate custody jurisdiction.

Texas–California Attorneys: One Team for Family, Estate and Probate Matters in Both States

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Texas–California family law: questions and short answers