Texas Residency Requirements
The state of Texas has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The Texas residency requirements are as follows:
A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.
A person not previously a resident of this state who is serving in the Armed Forces of the United States and has been stationed at one or more military installations in this state for at least the last six months and at a military installation in a county of this state for at least the last 90 days is considered to be a Texas domiciliary and a resident of that county for those periods for the purpose of filing suit for dissolution of a marriage.
The divorce is typically filed with in county in which the filing spouse resides.
(Texas Code - Family Code - Chapters: 6.301)
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in Texas for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the Texas residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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