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What are the residency requirements for divorce in Texas?

Once the difficult decision is made to get a divorce, there are a number of legal issues that must be addressed. One of the first is to make sure you meet the minimum requirements for residency in Texas. Fortunately, for most people this is not a problem.

You can file for divorce in Texas if either you or your spouse has lived in the state for at least the past six months. You can file the divorce action in the county where you live or the county where your spouse lives, as long as you or your spouse have lived in that county for at least 90 days.

There is an exception for military service members whose home state is Texas but who have been stationed outside the state or outside their home county during the relevant time periods. Military personnel who consider Texas their permanent home, but who are stationed outside Texas or outside their home county, are considered residents of the state and their home county while they are in the service. The same rule applies to a service member's spouse whose permanent home is in Texas, and who accompanied their service member spouse while they were stationed elsewhere.

Service members or their accompanying spouses who were not previously Texas residents, but who have been stationed in Texas for six months and in one county for 90 days, can file for divorce in Texas.

Meeting the residency requirements for a divorce is usually not a complicated issue. For someone who has recently moved, however, it is important to make sure the requirements are met.

Source: Tex. Family Code §§ 301-04, accessed Nov. 6, 2016

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