Get a Fast Uncontested Divorce in Texas

Residency requirements in Texas are designed to ensure that the Texas courts have jurisdiction over your divorce case. Meeting these requirements is a prerequisite for filing a divorce petition in the state.

Residency Requirements for Divorce in Texas

1. State Residency

• Requirement: At least one spouse must have been a resident of Texas for a continuous period of at least six months prior to filing for divorce.
• Purpose: This establishes a significant connection to the state, allowing its courts to have jurisdiction over the divorce.

2. County Residency

• Requirement: The spouse filing for divorce must have been a resident of the county where the divorce is filed for at least 90 days before the filing date.
• Purpose: Similar to the state residency requirement, this ensures that the local county court has jurisdiction over the case.

Important Considerations

• Military Personnel: For individuals in the military, Texas considers you a resident if Texas was your home state at the time of entering the service, and you have maintained Texas as your legal residence, even if stationed elsewhere. Military personnel stationed in Texas for at least six months and in a county for at least 90 days, even if they are not Texas residents, can also file for divorce in the state.
• Filing Without Meeting Residency Requirements: If you do not meet these residency requirements, you may need to wait to file for divorce or consider filing in another state where you do meet the requirements.
• Impact on the Divorce Process: Failing to meet the residency requirements can result in a dismissal of your divorce case, so it's crucial to ensure these criteria are met before filing.

Conclusion

Meeting the residency requirements is a critical first step in the divorce process in Texas. These requirements are in place to ensure that Texas courts have the authority to preside over your divorce.

If you're considering filing for divorce in Texas, make sure you or your spouse meet both the state and county residency requirements to avoid any complications with your case. If there are any doubts or questions about your residency status, consulting with a legal professional can provide clarity and guidance.