Berry v. Berry

KEITH, Justice.

The single question presented by this appeal, although couched in several different ways, is the applicability of Tex. Family Code Ann. § 3.21 (1975) to divorce proceedings instituted by parties who have not satisfied the domiciliary requirements of the statute. Our facts are not in dispute and may be stated very simply.

The husband appeals from a final judgment which denied a divorce in an action which he filed in Hardin County, Texas, on October 10, 1980. Appellant was born in Louisiana and the parties were married in that state and both parties continued to live in Louisiana…