Can I file for divorce in Texas if my spouse lives in another state?
Julie Gray
Texas managing attorney at Marble Law
Key Takeaways
- Texas lets you file for divorce even if your spouse doesn't live here, but there are some rules.
- You need to live in Texas for at least 6 months before you can file.
- The Texas court also needs to have the authority to handle your case, even if your spouse lives elsewhere.
Sometimes marriages come to an end, and even if you and your spouse don't live in the same state anymore, Texas might still be the place to handle your divorce. Here's why:
- This is the first hurdle. You, the person filing for divorce, must have lived in Texas for at least 6 months in a row before you can file.
- Even if you meet the 6-month rule, the Texas court needs to have the authority, or "jurisdiction," over your spouse too. This means the court can legally make decisions about your divorce, like dividing property or deciding child custody (if you have kids).
There's one main way to show the Texas court has authority over your out-of-state spouse:
- If Texas was the last place you and your spouse lived together as a married couple before you separated, and you file for divorce within 2 years of that separation, then the Texas court likely has jurisdiction. This shows a strong connection between your marriage and Texas.
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Jurisdiction can be a complex legal concept, but in simple terms, it means a court has the power to hear and decide a case. In divorce cases where one spouse lives out-of-state, establishing jurisdiction ensures both parties have a fair chance to present their arguments and receive a just outcome.
The "last marital residency" rule is the most common way to establish jurisdiction in Texas, but there may be other factors at play depending on your specific situation.
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