Overview

Texas law requires that at least one spouse meet specific residency requirements before filing for divorce in the state. These rules establish the court’s jurisdiction and ensure the case is handled in the proper location. Under the Texas Family Code, a spouse must have lived in Texas for at least six months before filing, and in the county where the divorce is filed for at least 90 days. These requirements apply regardless of whether the divorce is contested or uncontested. If neither spouse meets these residency standards, the divorce cannot proceed in Texas and must be filed in another state where one spouse qualifies. These rules are designed to prevent forum shopping, ensure fairness, and make sure local courts handle cases with a genuine connection to the state and county.

Who Benefits and Who Can Apply

Residency requirements benefit Texas residents by ensuring their divorce cases are heard locally. They also prevent people from filing in a county or state with little connection to their marriage. Either spouse may apply for divorce once the residency requirements are met. If a spouse is incapacitated, a legal guardian or representative may file on their behalf, provided the residency conditions are satisfied. These provisions protect the integrity of the judicial system while ensuring access for legitimate residents.

Benefits of Divorce in Texas

• Ensures divorces are filed in the proper jurisdiction.
• Protects spouses from having cases improperly filed in unrelated counties.
• Provides a consistent, fair process across the state.
• Supports local courts in managing cases for residents of their county.

Step-by-Step Process

Step 1: Confirm State Residency

At least one spouse must have lived in Texas for six months before filing. This requirement ensures the court has authority to hear the divorce case. Residency may be established by physical presence, such as living, working, or maintaining a home in the state.

Step 2: Confirm County Residency

In addition to state residency, one spouse must have lived in the county where the divorce will be filed for at least 90 days. This ensures the case is filed in the proper county court and prevents “forum shopping” across counties.

Step 3: Prepare Residency Documentation

Courts may require documentation to prove residency, such as a driver’s license, lease, utility bills, or voter registration. Having evidence of residency ready will avoid delays in filing or challenges by the opposing spouse.

Step 4: File the Petition in the Correct County

Once residency is confirmed, the petition must be filed in the correct county. Filing in the wrong county may result in dismissal or transfer of the case. Clerks verify eligibility based on county residency.

Step 5: Consider Military or Out-of-State Residency Exceptions

Texas law provides special provisions for military families. Time spent outside of Texas due to military service may still count toward residency if Texas is the service member’s home state. Out-of-state residents whose spouse lives in Texas may also file in Texas courts.

Step 6: Address Complications for Recently Moved Spouses

If a spouse has recently moved to Texas or changed counties, they may need to wait until both residency requirements are satisfied before filing. This waiting period can delay the start of the divorce.

Step 7: File for Temporary Orders if Needed

Even before the final divorce, temporary orders for custody, support, or property use may be requested once the court accepts jurisdiction based on residency. These ensure stability while the divorce is pending.

Step 8: Respond to Residency Challenges

If the Respondent disputes residency, the Petitioner must provide evidence. Courts may hold hearings to determine whether the residency requirements are satisfied before allowing the case to proceed.

Step 9: Meet the 60-Day Waiting Period

After filing, Texas law imposes a 60-day waiting period before a divorce can be finalized. This waiting period is separate from the residency requirement and ensures thoughtful decision-making.

Step 10: Proceed with Divorce Once Residency Is Established

Once residency is confirmed and the waiting period has passed, the divorce process follows normal procedures, including discovery, mediation, and final decree. Residency ensures the case remains in Texas courts with authority to issue enforceable orders.

Costs Associated

Filing fees in Texas range from $250 to $350, depending on the county. Additional costs include service fees, mediation, and attorney expenses. Residency itself does not impose extra fees but can delay filing if not yet met.

Time Required

Residency requires six months in the state and 90 days in the county. For new residents, this may delay the ability to file. After filing, a 60-day waiting period applies before finalization.

Limitations of Divorce in Texas

• Residency may delay the ability to file for divorce after moving.
• Strict county requirements can cause dismissals if filed in the wrong location.
• Military families may face added complexity in proving residency.

Risks and Unexpected Problems

• Filing in the wrong county can cause delays or dismissal.
• Residency disputes may prolong the process.
• Recently relocated spouses may be forced to wait months before filing.

Sources

• Texas Courts
• State Bar of Texas