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Texas divorce residency requirements

| Mar 19, 2021 | Divorce

Divorce is an option if your marriage has deteriorated to the point that it is no longer sustainable. The state of Texas does not force people who are unhappy to stay together. However, as with most legal proceedings, there are certain requirements that you have to meet before you can divorce your spouse. 

Like most other states, Texas imposes residency requirements on people who file for divorce. In other words, you must live in Texas for a certain amount of time before you are eligible to file. Here is an overview of residency requirements for a Texas divorce. 

How long do you have to live in Texas before you can file?

Residency requirements pertain to both the state of Texas and to the county in which you intend to file your suit for divorce. To be eligible to file in a particular county, you must have been a resident of that county for a 90-day period prior to filing. However, before you can file for divorce in Texas, you must also make sure that you have been a resident of the state for at least six months. 

What if your spouse lives in another state?

When you and your spouse first split up, he or she may have relocated to another state. As long as you meet the residency requirements, you can still file for divorce from your spouse in the Texas county where you live. If you file within two years of the date that you and your spouse stopped living together and your spouse has not lived in more than one state since leaving Texas, the court can exercise jurisdiction over your spouse. 

A spouse living in another state can also file suit for a divorce from you in the county where you live as long as you meet the residency requirements. There are also special requirements for armed forces personnel and people absent on public service.