In Re the Marriage of Earin

PEDEN, Justice.

Appeal from the dismissal of a divorce action for want of jurisdiction. The appellant is an inmate of the Texas Department of Corrections and had been confined in the Retrieve unit in Brazoria County for more than a year before filing his divorce petition. Appellee resides in Louisiana.

The appellant testified that he had resided in Bexar County before his incarceration, intended to return there upon his re lease and has never intended to make Bra-zoria County his residence. For this reason the trial court dismissed this case on the ground that the residency requirement of…