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Texas Divorce Residency Requirements

In order to file your Petition for Divorce in Texas, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Texas residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing 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)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Texas. It is most common that people file for a divorce in the county in which they live. You can also read more about the Texas residency requirements in the Texas state statutes located at: http://www.capitol.state.tx.us/. If you are unsure of whether or not you meet the Texas residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.