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Understanding Residency Requirements for Divorce in Texas

Posted on in Divorce

TX divorce lawyerIf you are interested in filing for divorce in Texas, you must first satisfy state residency requirements. It is essential to understand that just because someone lives in Texas does not mean they automatically qualify for residency in Texas. If someone files for divorce in Texas without meeting the residency requirements, the divorce process will likely be delayed, increasing the divorce cost and the time it will take to complete the process. If you live in Texas and are looking to file for divorce, this blog will delve deeper into what you need to know about Texas residency requirements. A wise first step for anyone looking to file for divorce is to obtain the services of a qualified divorce attorney to ensure your rights remain protected and that the process is followed correctly.

Length of Time You Must Live in Texas Before You Can File for Divorce

To file for divorce in Texas, you must have lived there for at least six months. If you or your spouse meet this requirement, then either can file for divorce. If you decide to file, you must have lived in the county you are filing from for at least 90 days. Notably, regardless of whether your spouse happens to live in another state and is only going to be responding to the divorce petition, a court in Texas may have jurisdiction over them if the following corresponds to their situation:

  • Texas was the last state you and your spouse resided in together in your marital relationship
  • A court may have jurisdiction over any minor children you and your spouse share
  • The court’s jurisdiction over your soon-to-be ex-spouse would not breach any federal or state laws

For military families in Texas seeking a divorce, military members must have been stationed in Texas for at least six months before they can file for divorce. Since military members may need to leave their homes often, any time spent not in Texas or a particular county, their residence will still be considered Texas and that county.

Filing for Divorce with Minor Children in Texas

If a couple with minor children is getting divorced, the children must have lived in Texas for at least six months for a Texas judge to make custody decisions. If you meet residency requirements, but your kids do not, or they live in a different state, it is critical that you speak with an experienced divorce attorney before you take any action.

Contact a Dallas Divorce Attorney

Getting a divorce can be a tricky process, especially in Texas. Contact the experienced Fort Worth divorce lawyers with Clark Law Group if you want to file for divorce. Call 469-906-2266 for a private consultation.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.301

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