texas divorce residency requirement infographic

It is true, in order to file for divorce in Texas, you have to physically live here for at least 6 months.  You also have to live in your county where you are filing the divorce for at least 90 days.  If you do not live here and your spouse does, that is fine as well.  

However, if you have children, the divorce needs to be filed in their home state of record, which under the Texas Family Code is where they have resided for the last 6 months.  

The reason is that the court cannot order parenting provisions unless it has jurisdiction over the child.

We have noted at least one Texas case that allows a person to file the divorce BEFORE the residency requirement is met of 6 months.  The way to properly do this is to file the divorce petition, and then WAIT for the residency requirement to be met, THEN, file an amended petition alleging proper residency and you can then finalize the divorce much sooner than waiting the entire residency period to finalize the case.

Need help?  Call 866-448-1982.