Recently updated on October 18th, 2025 at 04:09 am

Overview

Residency is a foundational requirement in every Texas divorce case, as it establishes whether a Texas court has the legal authority—known as “jurisdiction”—to hear the case, issue orders, and finalize the dissolution of marriage. Without satisfying the residency rules, even a fully agreed divorce cannot proceed to judgment. Under Texas Family Code § 6.301, at least one spouse must have lived in Texas for a continuous six-month period immediately before filing and must have resided in the county of filing for at least 90 days. These criteria ensure that the case is properly tied to the state and local courts and prevent “forum shopping,” where a party might seek a more favorable jurisdiction.

Residency applies equally to all types of divorces—whether contested or uncontested, and whether or not children are involved. The court clerk typically verifies residency at the time of filing, and the petition must affirm that the statutory requirements are met. Failure to meet residency can result in dismissal, forcing the petitioner to refile later once the time thresholds are satisfied. For military families or Texans temporarily living out of state, Texas Family Code § 6.303 provides flexibility: time spent outside Texas while serving in the military or accompanying a spouse on military assignment still counts toward the six-month residency requirement.

Residency is also crucial for determining venue—the specific county in which the divorce should be filed—and for ensuring the court’s orders are enforceable. Filing in the wrong county can delay proceedings or require transfer to the appropriate venue. Parties should gather proof of residence, such as utility bills, lease agreements, or driver’s license records, to confirm eligibility. Understanding and satisfying these jurisdictional rules at the outset prevents procedural delays and ensures that the divorce decree, once granted, carries full legal effect across Texas and other states under the Full Faith and Credit Clause of the U.S. Constitution.

Residency laws serve several public policy purposes. They prevent “forum shopping,” where spouses attempt to file in states perceived to have more favorable divorce laws. They also ensure local courts only handle cases with genuine connections to the community, allowing judges to make fair, informed decisions on matters like child custody and property division. If neither spouse meets these standards, the divorce must be filed elsewhere—usually in the state where one spouse currently lives or maintains domicile. Courts will dismiss or transfer cases lacking proper residency.

This guide explains who benefits from these requirements, what documents help prove residency, and how exceptions apply for military families or recently relocated spouses. It also provides a 10-step walkthrough—from confirming state and county residency to addressing disputes—ensuring every petitioner can confidently meet Texas’s jurisdictional prerequisites.

Who Benefits and Who Can Apply

Residency requirements benefit all Texas residents by protecting the integrity of the state’s judicial process. They ensure that divorces are heard locally, by judges familiar with community standards and legal precedents. These rules also prevent misuse of Texas courts by out-of-state parties who have no real connection to the state. Either spouse can initiate a divorce once they meet the residency and county requirements. For example, a couple who recently moved from another state must wait until one spouse satisfies both the six-month state and 90-day county thresholds before filing.

Special consideration is given to unique situations. Under Tex. Fam. Code § 6.303, a Texas resident temporarily living outside the state (for example, due to military deployment or business assignments) is still considered a Texas resident for divorce purposes. Similarly, if one spouse lives out of state but the other remains a Texas resident meeting all requirements, the Texas courts still have jurisdiction. Guardians or legal representatives may file on behalf of an incapacitated spouse, but the residency test still applies to the represented individual’s domicile, not the guardian’s.

Overall, these rules create fairness and predictability. They provide stability for Texas residents and ensure that court resources are used efficiently for those who live and pay taxes within the jurisdiction. They also make the divorce process easier to manage logistically—local hearings, familiar clerks, and access to in-county legal assistance.

Benefits of Divorce Residency Rules in Texas

• Ensures divorces are filed in the proper jurisdiction and county with legitimate ties to the parties involved.
• Prevents misuse of Texas courts by out-of-state individuals seeking favorable laws.
• Provides consistent statewide procedures and reduces venue-based legal disputes.
• Supports transparency and administrative efficiency by linking cases to the proper courthouse.
• Protects both spouses from potential venue manipulation or “forum shopping.”

Step-by-Step Process

Step 1: Confirm State Residency

The first step is determining whether you—or your spouse—meet the six-month statewide residency requirement. Under Texas Family Code § 6.301(1), either spouse must have been domiciled in Texas for the preceding six months before filing. “Domicile” means the person’s fixed home where they intend to remain. You can maintain Texas domicile even if temporarily living elsewhere, such as for work or military duty, so long as Texas remains your permanent home.

Residency is usually proven through physical presence—maintaining a home, paying local utilities, working, or holding a Texas driver’s license. However, continuous presence for the entire six months isn’t required if you can demonstrate ongoing intent to reside here. Courts typically look for steady patterns like paying Texas property taxes, keeping voter registration active, or having dependents enrolled in local schools. Short absences for vacations or travel don’t reset the six-month clock, but establishing residence elsewhere might.

If you moved to Texas recently, calculate backward from your intended filing date. For instance, if you arrived on March 1, you can file no earlier than September 1, assuming continuous presence. Filing too early leads to dismissal without prejudice, meaning you must refile once eligibility is met. To avoid this, confirm your residency timeline before initiating paperwork. Some counties require you to swear an affidavit of residency under oath—falsely claiming residency can constitute perjury under Tex. Penal Code § 37.02.

Practical tips: (1) Gather documentation early (lease, utility bills, employment records). (2) Avoid filing before both spouses meet minimum requirements; courts cannot waive this rule. (3) Remember that meeting the Texas requirement automatically qualifies you for jurisdiction in any county where you’ve lived the last 90 days, provided that condition is separately met (see Step 2). Proper state residency establishes jurisdiction; proper county residency establishes venue.

Step 2: Confirm County Residency

The second key requirement is county-level residency. Even if you meet the six-month statewide requirement, you must also have lived in the county where you file your divorce petition for at least 90 days before filing. This is governed by Texas Family Code § 6.301(2). Venue—the specific county where your case is filed—determines which court has administrative control and ensures that your case is handled locally. The purpose is to prevent individuals from selecting distant or strategically advantageous counties.

County residency is generally satisfied through physical presence within that county. The law does not require ownership of property; renting, living with family, or staying in an extended residence counts if it is your principal home. For example, a spouse living in Travis County for the past four months can file in Travis County, even if they previously lived in Dallas County. Courts rely on documentary proof such as leases, property tax records, or driver’s licenses listing the current address.

If you recently moved counties within Texas, the clock for county residency restarts at the new location. You may still be a Texas resident overall, but you must wait until the 90-day requirement is met before filing. For example, if you moved from Harris County to Williamson County six weeks ago, you cannot file in Williamson County until you’ve lived there 90 consecutive days. Filing prematurely can result in dismissal for improper venue or, in some cases, transfer to the correct county under Tex. Fam. Code § 6.308.

Venue disputes occasionally arise when one spouse relocates shortly before filing. If both spouses live in different counties, the petitioner may choose either county as long as both meet the 90-day threshold. However, if the respondent objects and demonstrates that another county is more appropriate—such as where children reside—the court may transfer the case. This is often guided by fairness and convenience rather than strict geography.

A few counties, especially larger jurisdictions, may have multiple courts handling family law cases. The specific court (District Court or County Court at Law) is determined by local rules. Clerks are responsible for verifying the petitioner’s address and eligibility. Submitting a notarized affidavit of residency along with supporting documents (driver’s license, voter registration, or recent utility bill) expedites review.

Establishing county residency correctly avoids costly procedural setbacks later. Improper venue challenges can delay hearings, increase attorney fees, and force re-filing. Therefore, before submitting your petition, double-check the address on your identification matches your intended filing county. If you split time between multiple residences, choose the county where you spend most nights or maintain family and work connections.

Step 3: Prepare Residency Documentation

Before filing, prepare documentation proving that you or your spouse satisfy both residency requirements. Courts do not automatically assume jurisdiction based on your word; you must provide credible evidence of domicile. Common proof includes Texas driver’s licenses, vehicle registrations, residential leases, mortgage statements, employment pay stubs showing Texas withholding, or voter registration certificates. These documents demonstrate continuous residence and intent to remain in Texas.

Most county clerks or district courts require a sworn statement of residency, sometimes titled “Affidavit of Domicile” or “Affidavit of Residency.” This statement confirms that the petitioner has lived in the state for six months and the county for 90 days immediately preceding filing. The affidavit must be notarized and filed with the Original Petition for Divorce. False statements can lead to perjury charges under Tex. Penal Code § 37.02 and potential case dismissal. Attorneys are ethically required to verify these statements before submission.

In cases of disputed residency, judges may request live testimony or additional corroborating evidence. Utility bills, mail addressed to your residence, and tax filings with a Texas address all carry persuasive value. For military families, the Leave and Earnings Statement (LES) showing Texas as the home of record satisfies this requirement under Tex. Fam. Code § 6.303.

It is advisable to collect at least three forms of proof covering the entire six-month period. Consistent documentation across that period establishes a clean record of domicile. If you recently moved counties, include evidence from both your prior and current residences to demonstrate continuous connection to Texas. Courts value good faith and clear timelines; if your address or documentation is incomplete, attach an explanatory declaration detailing your transition.

Organized documentation also reduces disputes later in the process. Many self-represented litigants lose time correcting paperwork when clerks reject insufficient proof. LegalAtoms recommends maintaining a digital folder with scanned copies of all residency-related documents. This folder can also be reused for related issues, such as child custody jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Step 4: File the Petition in the Correct County

Once both residency requirements are verified, you can officially file the Original Petition for Divorce in the appropriate county. The petition is the document that opens the case and informs the court of your intent to dissolve the marriage. Filing in the correct venue ensures that all subsequent hearings, orders, and judgments are valid. Filing in the wrong county can result in dismissal or transfer under Tex. Fam. Code § 6.308.

To begin, prepare your petition according to Tex. Fam. Code § 6.401, which outlines the minimum filing contents: the names of both spouses, confirmation of residency, the date of marriage, and grounds for divorce (commonly “insupportability” under §6.001). File the petition at the district clerk’s office of your county. Some smaller counties consolidate family-law filings under County Courts at Law, while larger jurisdictions like Harris or Dallas have multiple family district courts.

Along with the petition, include your residency affidavit, any applicable fee-waiver forms (Statement of Inability to Afford Payment of Court Costs), and proof of identity. Filing fees generally range from $250 to $350, though each county sets its own schedule. If the respondent resides in another county or state, the clerk will issue a citation for service, and you may need to arrange for personal service by a sheriff or constable.

Ensure accuracy in your initial filing. Incorrect county listings, address mismatches, or unsigned affidavits often lead to rejection or procedural delays. If you are uncertain, clerks can verify your county of residence based on property or mailing address. After filing, your case is assigned a cause number and a specific family court division.

Finally, retain a stamped copy of the petition and receipt for your records. You will use these in future steps, such as serving the respondent and requesting temporary orders. Filing in the correct county streamlines the remainder of the process and ensures your case proceeds without jurisdictional challenges.

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

Texas recognizes that many families have spouses who travel, live abroad, or serve in the military. Under Texas Family Code § 6.303 and § 6.304, the state provides clear exceptions to ensure such families maintain access to Texas courts. A person who has been domiciled in Texas but is temporarily living elsewhere—whether for military service, employment, or education—remains a Texas resident for divorce purposes. Likewise, time spent outside the state while stationed elsewhere by the U.S. Armed Forces counts toward the six-month and ninety-day residency requirements if Texas remains the person’s home state.

For example, a service member stationed in Virginia whose home of record and driver’s license remain in Texas can still file for divorce in Texas, even if physically away for years. Their spouse may also file in Texas if they reside with or are dependent on the service member. Proof typically includes the LES (Leave and Earnings Statement) listing Texas as the home of record, military ID copies, and prior Texas tax filings. Judges look for consistent ties such as bank accounts, vehicle registration, or voting in Texas elections.

Out-of-state spouses also benefit from § 6.304. If one spouse meets Texas’s residency requirement, the other may file in the same county regardless of their own residence. This provision prevents jurisdictional stalemates when couples live separately across state lines. For example, if the petitioner lives in Texas and the respondent in Oklahoma, Texas courts still have authority once the Texas-based spouse satisfies six months / ninety days.

Service members should note timing nuances: filing too soon after reassignment may raise questions about intent to remain domiciled. Updating military records and maintaining a Texas driver’s license strengthen the case. Civilian spouses accompanying service members abroad can rely on similar principles; courts focus on whether Texas was the last established domicile before deployment. Maintaining property ownership or voting registration provides persuasive evidence.

In practical terms, these exceptions ensure that mobility does not bar access to divorce. Without them, many Texans serving overseas or assigned temporarily out of state would be forced to file in unfamiliar jurisdictions. However, careful documentation remains critical; clerks may request written confirmation of military status and Texas domicile before accepting the petition. When in doubt, consult local court clerks or review guidance from the Texas Judicial Branch regarding filings under § 6.303 – 6.304.

Step 6: Address Complications for Recently Moved Spouses

New residents often face delays because the six-month and ninety-day clocks must fully run before filing. Moving from another state or even between Texas counties resets one or both timers. Courts apply the residency requirement strictly: a single day short renders the petition premature. Under Tex. Fam. Code § 6.301, judges have no discretion to waive these thresholds, even for hardship or urgent need.

Recently relocated spouses should track move-in dates carefully. The simplest method is to use lease start dates, property closing documents, or utility activation notices as benchmarks. If you moved to Texas on May 1, your earliest lawful filing date is November 1; if you changed counties August 1, the earliest filing in that county is October 30. Filing before those dates will result in dismissal “without prejudice,” requiring refiling later and paying a new filing fee.

In blended-county or metro areas—like Dallas-Fort Worth or Austin suburbs—people frequently cross county lines without realizing it affects venue. Maintaining a clear record of your physical residence, not mailing address alone, avoids problems. Temporary stays at hotels or with friends generally do not start the 90-day clock unless they reflect an intent to establish a permanent home. Courts look for objective evidence of domicile: changing driver’s licenses, registering to vote, enrolling children in local schools, and updating employment addresses.

If both spouses move to Texas simultaneously but different counties, each must meet the local 90-day requirement separately. When one spouse relocates later, the earliest filing may occur in the county where the first qualifying spouse resides. LegalAtoms recommends entering move dates directly into its questionnaire so the system can automatically calculate your earliest valid filing date and alert you if you are short of the threshold.

There are limited exceptions for emergency relief. While a divorce cannot be filed prematurely, a spouse experiencing family violence may seek a protective order immediately under Tex. Fam. Code Title 4 without waiting for divorce eligibility. Once residency is met, the divorce petition can incorporate that protective order. Planning around the statutory timeline ensures both safety and procedural compliance.

Step 7: File for Temporary Orders if Needed

Once the court accepts jurisdiction—after confirming residency—you may request temporary orders under Tex. Fam. Code § 6.502. These orders stabilize the situation during the 60-day waiting period and before final judgment. Typical requests include temporary custody, exclusive use of the marital home, interim child or spousal support, and orders to preserve community property. Temporary orders are vital in maintaining status quo and preventing financial or parental disruption.

Either spouse can file a “Motion for Temporary Orders” soon after filing the petition. The court schedules a short hearing—sometimes within days—to hear evidence. Be prepared with proof of income, expenses, and living arrangements. Judges evaluate reasonableness and fairness while avoiding premature decisions on final division or custody. Violating temporary orders carries penalties similar to contempt of court.

For many litigants, these hearings mark the first courtroom interaction. They can also influence the eventual outcome, since judges observe each spouse’s credibility. Ensure your documentation—pay stubs, rental contracts, childcare expenses—is organized. If family violence or harassment exists, request protective relief simultaneously under § 83.001. Many counties have standing orders automatically effective upon filing that bar asset dissipation or parental interference; familiarize yourself with local rules.

Temporary orders generally remain effective until a final decree replaces them. Modifications require showing changed circumstances, and enforcement mechanisms include wage withholding and contempt. For self-represented litigants, LegalAtoms provides guided workflows that generate a compliant motion and proposed order using standard county templates. Taking advantage of this step early helps maintain stability while the mandatory waiting and negotiation phases unfold.

Step 8: Respond to Residency Challenges

Even after filing, the opposing spouse may contest residency. These challenges are more common when spouses live in different states or counties and the respondent believes Texas is an improper forum. Under Texas Family Code § 6.305 and the general venue rules of Tex. R. Civ. P. 87, courts may hold evidentiary hearings to determine whether the residency thresholds are satisfied before proceeding to any merits of the divorce.

A residency challenge usually arises through a “Plea in Abatement” or “Motion to Transfer Venue.” The respondent must file it before any substantive response; otherwise, the objection is waived. The petitioner bears the burden of proving residency by a preponderance of the evidence. This means the judge must find it more likely than not that the petitioner (or respondent) meets both the six-month state and ninety-day county requirements. Evidence can include leases, driver’s licenses, tax filings, voter registration, or testimony describing continuous living arrangements.

During the hearing, the judge may ask detailed questions: when did you move to Texas, where do you sleep most nights, do you intend to stay, and what address appears on your identification? Inconsistent answers weaken credibility. If the court finds residency unproven, it can dismiss or transfer the case to a proper county. Dismissal “without prejudice” allows refiling once requirements are met, but it restarts the 60-day waiting period and obligates a new filing fee.

For self-represented litigants, thorough preparation is key. Bring at least three forms of corroboration—such as pay stubs, bills, or rental receipts—to avoid adverse findings. Courts generally prefer contemporaneous documents dated throughout the six-month period rather than those all issued near filing time. For spouses disputing each other’s residency, the court may consider both parties’ testimony and decide which county better reflects the marital domicile.

If your residency is valid but the other spouse files a competing case elsewhere, Texas courts analyze which case was filed first and whether both courts have jurisdiction under the “dominant jurisdiction” doctrine. Coordination between counties may occur to prevent duplicative litigation. In complex interstate disputes, Tex. Fam. Code § 6.308 authorizes transfer or dismissal when another forum is more appropriate. Remaining proactive, organized, and transparent about where you live prevents costly venue fights that delay final resolution.

Step 9: Meet the 60-Day Waiting Period

Even after meeting residency and filing properly, Texas law imposes a mandatory cooling-off period before finalizing any divorce. Texas Family Code § 6.702 requires at least 60 days to elapse between filing the Original Petition and signing the Final Decree of Divorce. This waiting period serves public policy goals: giving spouses time for reflection, negotiation, and potential reconciliation before the marriage is legally dissolved.

The 60-day countdown starts on the filing date shown on the clerk’s stamp. Day 1 is the day after filing, and Day 60 is the earliest date a final decree can be entered. Courts may hold hearings earlier but cannot sign the decree until the waiting period expires. Only narrow statutory exceptions allow shorter timelines—primarily cases involving family violence where the respondent has been convicted or received deferred adjudication for an offense under Tex. Fam. Code § 6.702(b). Even then, documentation of the conviction must accompany the decree.

During the waiting period, litigants should use time productively. Common tasks include completing required disclosures of financial information, attending mediation, drafting agreed decrees, and requesting temporary orders (see Step 7). Courts encourage settlement during this phase to minimize trial backlog. For uncontested divorces, using online platforms such as LegalAtoms allows petitioners to prepare final documents in parallel so that filing can proceed promptly on Day 61.

If the respondent fails to appear or answer within 20 days of service, the petitioner may proceed by default after the waiting period expires, provided proof of service is on file for at least ten days. However, default does not override the 60-day rule. Attempting to finalize early will result in clerical rejection or judicial denial. Proper timing ensures enforceability of the decree and prevents later appeals claiming lack of jurisdiction.

Practically speaking, use this interval to confirm that all residency documents remain up to date. Any change of address or relocation before finalization could invite new venue challenges or delays. Maintaining consistent contact information with the court and opposing counsel preserves efficiency and credibility throughout the proceedings.

Step 10: Proceed with Divorce Once Residency Is Established

Once both residency and waiting-period conditions are satisfied, your case proceeds under standard Texas divorce procedure. The court now has full jurisdiction to decide all issues—property division, spousal maintenance, child custody, and support—and to issue enforceable orders binding both parties. Filing in the correct county ensures that enforcement actions, modifications, and future motions will all remain within the same jurisdiction.

Next steps depend on whether the case is contested. In agreed divorces, the parties submit a signed Final Decree reflecting all terms. The judge reviews the paperwork for compliance with Texas law and, if satisfied, signs the decree at a short “prove-up” hearing. For contested cases, discovery, mediation, and trial follow. Throughout this process, jurisdiction remains anchored by the verified residency you established at filing.

Residency continues to matter even after final judgment. It determines which court retains authority for post-decree enforcement or modification under Tex. Fam. Code § 155.001. Moving out of county later does not void the decree, but enforcement actions must still return to the original court unless transferred by statute. Maintaining copies of your residency proof and decree simplifies any future proceedings.

In summary, residency is not merely a technical prerequisite—it is the foundation for jurisdictional validity of every order the court will issue. By following these ten steps carefully—confirming domicile, gathering documentation, observing statutory timelines, and responding promptly to challenges—you ensure that your divorce proceeds efficiently and withstands legal scrutiny. A properly grounded case in the right venue saves time, money, and emotional strain, allowing both spouses to move forward under a clear and enforceable decree.

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