Residency Requirements

Residency Requirement:

To file for divorce in Texas, either spouse must have been a resident of the state for at least six months prior to filing, and must have resided in the county where the Petition is filed for the prior 90 days.

For the court to exercise personal jurisdiction over a non-resident Respondent the couple’s last marital residence must have been in Texas, and the suit must be filed before the second anniversary of the date on which marital residence ended.

If one spouse has resided in Texas for the past six months and the other spouse lives in a different state or country, the spouse residing outside of Texas is permitted to file for divorce in the county in which the other spouse lives.

Military Personnel:

Texas residents serving in the armed forces and stationed outside of Texas or the U.S. may still be considered a resident of Texas. Military personnel, who have not been previous residents of Texas, but have been stationed at one or more military installations in Texas for at least the past six months, and at a military installation in a county of Texas for the prior 90 days, are considered to be Texas residents and residents of that county for the purposes of filing for divorce.

Pregnancy:

If one party is married, it is best to wait until the baby is born to seek a divorce. Most Texas courts will not finalize a divorce if the wife is pregnant, even if the baby is not the husband’s. The court will typically wait until after the birth of the baby so that orders regarding the child can be included in the final decree.