Family · Divorce Residency
Divorce Residency Requirement in Texas
How long you or your spouse must live in Texas before filing for divorce, whether a county period also applies, whether one spouse is enough, and how it differs from the wait to finalize. Cited to the statute.
The residency requirement in Texas
What the state, and any county, period is, whether one spouse suffices, and the exceptions that apply.
| The requirement | What it means |
|---|---|
| State: six months (domicile) | At filing, either the petitioner or the respondent must have been a domiciliary of Texas for the preceding six-month period, under Family Code §6.301. |
| County: 90 days | That same person must also have been a resident of the county where the suit is filed for the preceding 90-day period. |
| Either spouse counts | The requirement is met if either spouse qualifies, so you can file in Texas even if your spouse has moved out of state. |
| State sets jurisdiction, county sets venue | The six-month state rule decides whether a Texas court may hear the case; the 90-day county rule fixes which of the 254 counties is the proper place. |
| Exceptions and notes | What it means |
|---|---|
| Military or public-service absence | Time a Texas resident, or their spouse, spends serving in the armed forces or other government service outside Texas counts as Texas residence and domicile, so deployment does not break the clock (§6.303). |
| Nonresident spouse | A Texas resident may sue a nonresident spouse under long-arm rules (§6.305); the resident spouse’s six-month and 90-day residency still anchors the case. |
| Not the final-decree wait | The residency is separate from the 60-day waiting period Texas generally requires before a divorce can be finalized. |
What you can do right now
Concrete, neutral steps to confirm you can file for divorce in Texas. This is legal information, not legal advice.
- Confirm both the state and county periods
You need six months of Texas domicile and 90 days in the filing county. Filing in the wrong county is a venue problem even if the state rule is met.
- Only one spouse needs to qualify
Either you or your spouse can supply the residency, so a recent move by one spouse does not necessarily block filing in Texas.
- Count deployment as Texas time
If you or your spouse is serving outside Texas, that time still counts toward residence and domicile, so a deployment does not reset the clock.
- Talk to a Texas family attorney
Domicile and venue are fact-specific, especially after a move. A licensed Texas attorney can confirm where and when to file. The State Bar can refer you to one.
Residency and venue turn on domicile and dates, especially after a recent move. This resource can connect you with a court self-help center or a licensed family attorney.
→ State Bar of Texas — Lawyer ReferralThis is general legal information, not legal advice. Domicile, county venue, military service, and the separate wait to finalize can change the answer, so confirm your situation with a court resource or a licensed attorney.
What people get wrong about Texas divorce residency
Texas, like California, has a dual residency requirement, and the two numbers do different jobs. Under Family Code §6.301, either you or your spouse must have been a Texas domiciliary for the six months before filing, and a resident of the filing county for the preceding 90 days. The six-month state rule is about jurisdiction, whether a Texas court can hear the divorce at all, while the 90-day county rule is about venue, which of the 254 counties is the right place. Only one spouse has to qualify, so a recent move by the other spouse does not necessarily stop you from filing in Texas. Two features help military families and recent movers: time spent serving in the armed forces or other government service outside Texas counts as Texas residence, and a Texas resident can sue a nonresident spouse under long-arm rules while still anchoring the case on their own residency. Keep this filing residency separate from the 60-day wait Texas generally requires before a divorce can be finalized.
Common questions
What is the residency requirement to file for divorce in Texas?
Six months of Texas domicile and 90 days in the filing county, under Family Code §6.301. Either spouse can supply the residency.
Do both spouses need to live in Texas to divorce there?
No. The requirement is met if either the petitioner or the respondent qualifies, so you can file in Texas even if your spouse has moved out of state.
Does military deployment affect Texas divorce residency?
No. Time a Texas resident or their spouse spends in the armed forces or other government service outside Texas counts as Texas residence, so a deployment does not break the six-month or 90-day clock.
Which county do I file the Texas divorce in?
The county where you or your spouse has lived for the preceding 90 days. That 90-day county rule sets venue, separate from the six-month state rule that sets jurisdiction.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.