What are the residency requirements for filing for divorce in Texas?

Julie Gray

Texas managing attorney at Marble Law

Published October 10, 2024 · 3 min read

Key Takeaways

Texas has a rule that says one person in a divorce case must live in the state for six months before filing.
You also need to live in the county you file in for 90 days.
There are exceptions for military families and people in a special program.
A Texas family law attorney can help you understand these rules and other parts of your divorce.

Texas Residency: What You Need to Know

Going through a divorce in Texas? One of the first things to understand is the residency requirement. Here at Marble Law, we want to make things clear and easy for you.

Texas law says that at least one person in your divorce case must live in the state for 6 months in a row before you can file. This shows the court that Texas is your real home, not just a place you're visiting. You also need to have your permanent home (domicile) in Texas

There's another rule about where you live within the state. The person filing the divorce (you or your spouse) must live in the county you're filing in for 3 months in a row before filing. This shows the court in that county has the authority to hear your case.

There are a few exceptions to these residency requirements:

Military Families: If you're in the military and stationed outside Texas, this rule doesn't apply to you or your spouse. The time you spend serving counts towards the 6-month requirement.
Special Address Program: If you're in a special program to keep your address hidden because of family violence, there are other ways to meet the residency requirement.

Get the right lawyer for your divorce

Schedule a free 15-min call with our team today

Meeting the residency requirement might seem simple, but Texas divorce law can be tricky. A Texas family law attorney can help you understand these rules and other parts of your divorce process.