What are the residency requirements for divorce in Texas?

Getting a divorce in Texas takes time. Sometimes, if the divorce is high asset it can takes months or years. There is a section of law called the Texas Family Code that clearly sets out what you need to do, no matter how much property you have, to get a divorce. Section 6.301 spells out what the residency requirements are.

It says that a suit for a divorce cannot be filed with the court in this state unless one of you, at the time the suit is filed, has been living in Texas for at least six months. It also says that you or your spouse must also be a resident of the county in which you are filing the suit for at least 90 days. It gets pretty specific and you may need to get someone involved early on who knows the ins and outs of the Family Code of Texas. An attorney who can guide you through the legal maze of getting a divorce can be helpful.

If you happen to live outside the state of Texas and want to file a suit for divorce, you can do that in the county in which your soon-to-be ex-spouse resides. He or she must have lived in the state for a period of six months. This also applies to someone who resides in another country. Can you begin to see how intricate the law is? This is only one section of the law covering divorce.

If you are in the military and claim Texas as your domicile state when you are in the country, it will have an impact on you getting a divorce. It is allowable to get a divorce while you are in another state as long as you lived in Texas for six months before leaving the country.

Knowing the law and the specifics of it can help you. Getting someone involved early, such as an attorney, can make a big difference as well.

Source: Texas Family Code, “Dissolution of marriage,” accessed Dec. 01, 2015