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Texas Residency Requirement

Texas divorce law has state residency requirements for divorce that either the petitioner or respondent must meet to file for divorce. The Texas divorce court will not accept a divorce petition unless either the petitioner or respondent has been both:

  • A domiciliary of the state for last six months and
  • A resident of the county where the divorce is filed for the last 90 days

Typically, the divorce petition is filed in the county where the petitioner lives.

A person who has not been a resident of Texas but is serving in the armed forced of the United States can be considered a Texas domiciliary if he or she has been stationed at one or more military installations in the state for at least the last six months. The person will also be considered a resident of the county if he or she has been at a military installation in a county of the state for at least 90 days to file for divorce.

The legal definitions of domicile and residence vary and are complicated, but by speaking to a local Texas divorce lawyer, you can find out if you meet the state requirements. Learn more about other requirements, such as Texas grounds for divorce and Texas divorce waiting periods. Connect with a local Texas divorce attorney today by calling 877-349-1310 or filling out a Texas divorce case review form below.

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The above synopsis of Texas divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Texas divorce attorney in your area.

Texas divorce laws were last updated May 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.