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Legal Information: Texas

Divorce

Updated: 
July 28, 2023

What are the residency requirements to file for divorce in Texas?

To file for a divorce in Texas, at the time the divorce is filed, either spouse must:

  1. have been living in Texas for the preceding six-month period; and
  2. be a resident of the county in which the suit is filed for the preceding 90-day period.1

If you are participating in the Texas Attorney General’s Address Confidentiality Program, the government will verify that you have met this requirement, without disclosing your address. Any time spent outside of Texas while serving in the U.S. armed forces, or as an accompanying spouse of someone serving, is still counted as residency in Texas for the purpose of calculating the six-month and 90-day time periods.2

If you do not live in Texas but your spouse does, you would file a suit for divorce in the county in which s/he lives.3

1 Tex. Fam. Code § 6.301
2 Tex. Fam. Code § 6.303
3 Tex. Fam. Code § 6.302

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