Ever feel like starting a divorce in Texas is less about emotions and more about proving your zip code? If you’re wondering whether you can even file yet, you’re not alone. Here’s the deal—Texas Divorce Residency Requirements must be met before you can officially file, and yes, that includes a specific timeline for how long you or your spouse have lived in both the state and your county. It sounds simple, but it can get tricky fast, especially if you’ve just moved or your ex is living in another state.
At The Law Office of Bryan Fagan, PLLC, we know that divorce isn’t just a legal process—it’s a life transition. And like any big life change, it comes with questions, especially when kids are involved. This blog isn’t just about breaking down the Texas Divorce Residency Requirements—it’s about helping you understand how those rules impact your child’s school life, emotional well-being, and your family’s future.
Short answer? One of you must have lived in Texas for at least six months and in your filing county for 90 days. That’s the legal bar. But what does that mean for your child’s school zone, custody schedule, or stability in the middle of the school year? That’s where things get real—and where the right legal guidance can make all the difference.
Stick around to discover how to meet the Texas Divorce Residency Requirements while also protecting your child’s academic success. We’ll share practical tips, real-life stories, and show you how experienced legal support can keep your family steady when everything else feels uncertain. Because here at the Law Office of Bryan Fagan, PLLC, we’re not just about paperwork—we’re about people. And we’re here to help you move forward with confidence.
Key Takeaways
- One spouse must be a resident of Texas for at least six months and reside in the filing county for at least 90 days to initiate divorce proceedings.
- Military service members stationed in Texas can file for divorce without meeting standard residency requirements, provided they have been in the state for the required periods.
- Proper documentation is essential to prove residency in Texas, and failing to meet residency requirements can lead to case dismissal and significant delays.
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Understanding Texas Residency Requirements for Divorce
Before you can file for divorce in Texas, it’s essential to understand and comply with the Texas Divorce Residency Requirements as outlined in Texas Family Code § 6.301. According to this statute, at least one spouse must have been a resident of the state for a minimum of six months and a resident of the county where the divorce is filed for at least 90 days. This requirement is foundational and determines whether a Texas court has jurisdiction over your case.
The law is somewhat accommodating in that only one spouse needs to meet these residency standards. This means you can still proceed with a divorce in Texas even if your spouse lives in another state—or has already moved away—so long as you have established residency in accordance with the statute. For individuals facing this situation, our team recommends reviewing this guide on whether you can file for divorce in Texas if only you live here for further insight into how these laws apply in multi-state relationships.
To properly establish residency, you should be prepared to show documentation such as a Texas driver’s license, utility bills, lease agreements, or voter registration confirming your address and length of stay. Filing before these requirements are fully met can result in delays or outright dismissal of your case, so ensuring full compliance is crucial.
As our family law team often advises, timing matters. If you’re close to meeting the residency minimums, it may be wise to wait until you’ve satisfied the full duration to avoid jurisdictional issues. You can also explore additional details about how Texas courts handle custody and property issues in our article on key legal stages of divorce in Texas, which can help you prepare strategically for what comes next. The attorneys at The Law Office of Bryan Fagan, PLLC remain committed to providing clients with clear, practical guidance rooted in current Texas law. If you’re unsure whether you meet the residency requirements or how they affect your case, we’re here to help you take the next step confidently and correctly.
Meeting the Six-Month Rule
A key residency requirement in Texas is the six-month rule, which mandates that one spouse lives in the state for at least six months before filing. This ensures that Texas courts have jurisdiction over the divorce case.
Consider Sarah, whose divorce was rejected because her temporary absence from Texas meant she didn’t meet the continuous six-month residency rule, which is crucial in any suit affecting the case. This underscores the importance of continuous residency during the preceding six month period before filing.
Besides the six-month state residency requirement, there is also a county residency criterion. One spouse must have lived in the county where the divorce petition is filed for at least 90 days before submitting it. This ensures the case is handled in the appropriate jurisdiction.
County Residency Requirement
Texas also imposes a county residency requirement. One spouse must reside in the county where the divorce case is filed for at least 90 days before filing, ensuring the case is heard in the correct jurisdiction.
Failing to meet the 90-day county residency requirement can prevent you from initiating divorce proceedings in your correct county.
Establishing county residency may require documents such as a voter registration card or utility bills indicating your address. Proper documentation is crucial to meet the county residency requirement and proceed with your divorce petition.
Special Cases: Military Service Members
Military families navigating divorce often encounter questions about residency rules—especially when one or both spouses are on active duty. Fortunately, the Texas Divorce Residency Requirements include important accommodations for service members under Texas Family Code § 6.303. This statute allows members of the armed forces to establish Texas residency for divorce purposes if they’ve been stationed in Texas for at least six months, even if Texas is not their home state of record.
Crucially, time spent outside of Texas on military deployment does not break residency continuity. As long as the service member maintains Texas as their duty station, the required six-month state residency and 90-day county residency requirements are satisfied. For example, a military spouse who has been stationed at Fort Hood or Lackland AFB can still file for divorce in Texas—even if they are temporarily deployed overseas or assigned out-of-state during that period.
As our family law team often advises, having clarity on these rules is essential for avoiding costly delays or jurisdictional challenges. We’ve outlined broader legal context for military and civilian divorces in this overview of Texas divorce laws, which serves as a helpful companion for understanding how different statutes interact in family law cases.
Military spouses should also be aware of the potential impact of deployments on custody, conservatorship, and child support orders. These sensitive matters require strategic planning and thorough legal knowledge. If you’re facing a similar situation, consider reviewing our related article on modifying custody due to relocation in Texas, which includes guidance specific to families with mobile or service-connected lifestyles.
At The Law Office of Bryan Fagan, PLLC, we’re proud to serve Texas military families with compassion, precision, and an unwavering focus on protecting your future. Whether you’re stationed here temporarily or Texas has become your long-term home, our attorneys are ready to help you meet the legal requirements and move forward with confidence.
Proving Your Residency
Proving your residency in Texas is essential to meet the state’s divorce residency requirements. Various documents can serve as proof, such as lease agreements, which confirm your current address and rental duration.
Utility bills, bank statements, official correspondence from government agencies, insurance policies listing your Texas address, voter registration cards, and other documents are common forms of documentation used to establish residency.
Given the importance of proper documentation in establishing residency, consulting with an experienced attorney can be invaluable. They can help gather the necessary documents and ensure all residency requirements are met, smoothing the divorce process and avoiding potential legal challenges.
Impact of Residency on Court Jurisdiction
Establishing jurisdiction is one of the most critical steps in any Texas divorce case—and it starts with meeting the Texas Divorce Residency Requirements. As outlined in Texas Family Code § 6.301, at least one spouse must have lived in Texas for six months and in the county where the case is filed for at least 90 days. This isn’t just a formality; it’s what gives Texas courts the legal authority to make binding decisions on vital matters like child custody, property division, and spousal support.
If these residency benchmarks aren’t satisfied, the court lacks jurisdiction, which may lead to your case being dismissed or delayed until the requirements are met. Even when the Texas Long-Arm Statute (Texas Civil Practice & Remedies Code § 17.041–.045) is applicable—allowing Texas courts to assert jurisdiction over a spouse with meaningful ties to the state—residency requirements still apply to establish venue and authority within Texas family courts.
According to the attorneys at our firm, clients are often surprised to learn how quickly a procedural misstep can derail an otherwise valid divorce. That’s why legal guidance is essential. An experienced family law attorney can assess your timeline, confirm that jurisdictional requirements are met, and ensure that all documents are properly filed and served. This is especially important if you’re planning to enter into agreements during the process, such as a Rule 11 Agreement, which outlines temporary arrangements during litigation. For more on that topic, we recommend reading What is a Rule 11 Agreement in Texas Divorce Cases? for a practical overview.
If you’re unsure whether you or your spouse qualify under the current rules, or if there are multi-state issues at play, our team can help you strategize the best path forward. You can also explore our article on how to file for divorce in Texas for a step-by-step guide to getting started. At The Law Office of Bryan Fagan, PLLC, we’re committed to helping families take informed, confident steps toward a better future—starting with the right foundation in jurisdiction and residency.
What Happens If You Don’t Meet Residency Requirements?
Failing to meet the residency requirements in Texas can significantly impact your divorce case. If not met, any progress made can be invalidated, necessitating a restart of the legal process, potentially leading to case dismissal and requiring re-filing once the residency criteria are satisfied.
Non-compliance with residency criteria can cause significant delays, complicating issues such as child custody and support arrangements, including the obligation to pay child support. For instance, a client who had just moved to Texas successfully filed for divorce by using certified mail to notify her out-of-state spouse. This underscores the importance of understanding and meeting residency requirements to avoid costly delays and legal challenges.
If you have recently moved to Texas and haven’t met the six-month residency requirement, you can ask your spouse to file for divorce on your behalf to avoid delays. Legal counsel can help navigate these challenges and ensure all residency requirements are met before proceeding.
Real-Life Examples and Hypothetical Scenarios
Understanding residency requirements is crucial for determining eligibility for filing for divorce in Texas. Real-life examples and hypothetical scenarios illustrate their importance. For instance, a recent Texas resident who has met the six-month rule can file for divorce without issues, while a military spouse stationed in Texas can meet the residency criteria despite temporary deployment elsewhere.
Common scenarios include situations where one spouse has just moved to Texas or where spouses live in different states. These examples highlight the significance of meeting residency requirements to ensure a smooth divorce process and proper jurisdiction by Texas courts.
Understanding these scenarios helps individuals better prepare for the divorce process and avoid potential legal challenges related to residency requirements. Legal guidance can help navigate these complexities and ensure all necessary criteria are met.
Importance of Legal Guidance
Expert legal support plays a vital role in helping individuals meet the Texas Divorce Residency Requirements outlined in Texas Family Code § 6.301. Failing to meet these requirements can result in a court lacking jurisdiction over your case, leading to a dismissal or significant delays. That’s why working with an experienced Texas family law attorney isn’t just helpful—it’s essential.
At our firm, we recognize that every family’s situation is different. Whether you’re newly relocated to Texas or dealing with a complex custody arrangement, personalized legal guidance can help you navigate the requirements with clarity and confidence. From verifying timelines to gathering appropriate proof of residency—such as utility bills, voter registration, or lease agreements—our attorneys ensure nothing is overlooked.
We also understand that divorce is rarely just about paperwork. Emotions, parenting schedules, and financial concerns all come into play. Our legal team is here to help ensure those moving parts align with state requirements so that your case proceeds without unnecessary obstacles. For insight into the unique emotional and procedural challenges many Texans face during divorce, explore The Distinctive Difficulties of Undergoing Divorce in Texas—a resource that offers perspective beyond just legal rules.
Additionally, if you’re in the early stages of considering divorce, our article on how to prepare for a Texas divorce consultation can help you ask the right questions and start off on the right foot. According to the attorneys at our firm, meeting residency requirements is more than a formality—it’s the first step toward protecting your rights and setting the stage for a successful outcome. At The Law Office of Bryan Fagan, PLLC, we’re here to guide you through that first step and every step that follows, with compassion, clarity, and a commitment to your family’s future.
Conclusion: The Importance of Meeting Residency Requirements
Meeting the Texas Divorce Residency Requirements is a foundational step in ensuring that the state has proper jurisdiction to hear your divorce case. Under Texas Family Code § 6.301, at least one spouse must have lived in Texas for the preceding six months and in the county of filing for at least 90 days. These residency thresholds not only determine where you can file, but they also influence how custody, support, and property division matters are handled by the court.
If residency is not clearly established, the court may lack the authority to proceed—especially when one spouse lives in another state. This is a common concern among clients, and as our family law team often advises, ensuring jurisdiction from the beginning can help avoid dismissed filings and costly rework. In cases involving long-distance or multi-state relationships, we recommend reviewing How Does Divorce Court Work If One Spouse Lives Out of State? for additional guidance on navigating these unique situations.
Properly preparing your case with the right documentation—such as a Texas driver’s license, lease agreement, or voter registration—is key to satisfying the residency requirement. This is particularly important when child custody or support is involved, as Texas courts require clear jurisdiction to issue enforceable orders on these issues. For more insight into the divorce process itself, including how to initiate proceedings, visit our internal resource on how to start the divorce process in Texas. According to the attorneys at our firm, understanding and complying with residency laws helps lay the groundwork for a smoother and more efficient divorce. At The Law Office of Bryan Fagan, PLLC, we are committed to providing personalized legal guidance that empowers clients to move forward with clarity, confidence, and peace of mind.
Conclusion:
Life doesn’t always follow a neat timeline—and neither does divorce. If you’ve been navigating where you stand with the Texas Divorce Residency Requirements, take a deep breath. You’re not expected to have all the answers right away. What matters is knowing that every step you take—whether it’s checking your eligibility to file or figuring out how to protect your child’s school life during this transition—puts you closer to stability, clarity, and peace of mind.
At The Law Office of Bryan Fagan, PLLC, we’re here to make sure you don’t have to figure it all out alone. Whether you’re filing next week or still working through the early logistics, our team of Texas Family Law Attorneys can help you align your legal options with what matters most—your family’s future. With the right guidance, meeting residency requirements becomes less of a legal headache and more of a stepping stone toward a fresh start.
And hey, if you’ve read this far, you’re clearly doing your homework—and that’s something worth feeling good about. So when you’re ready to take the next step, reach out. We’re here to help you make smart moves, protect what matters, and keep your child’s life as steady as possible—one well-planned decision at a time.
Texas Divorce and Residency Requirements: FAQ
What are the residency requirements for divorce in Texas?
To file for divorce in Texas, at least one spouse must have lived in Texas for at least six months and in the specific county where the divorce is filed for at least 90 days.
How long does someone have to live in a house to establish residency in Texas?
Generally, a person must live in a residence with the intent to remain there. Although there’s no set number of days, living in a home for 30 days or more, along with other evidence, may help establish residency.
Is everything split 50/50 in a divorce in Texas?
Not necessarily. Texas follows a community property system, but division isn’t always exactly 50/50. Courts aim for a “just and right” division based on multiple factors such as income, fault, and future earning capacity.
Who has to leave the house in a divorce in Texas?
There is no automatic rule. A spouse may voluntarily leave, or one may be ordered to vacate through a court order, especially in cases involving safety concerns or exclusive use determinations.
What is the 10 year rule for divorce in Texas?
The 10-year rule often refers to eligibility for spousal maintenance (alimony). If the marriage lasted at least 10 years, a spouse may qualify for maintenance if they lack sufficient property or earning ability.
How does Texas determine residency?
Residency in Texas is established by living in the state with the intent to remain. Legal documents such as a Texas driver’s license, lease agreements, or voter registration may help prove this intent.
What qualifies as proof of residency in Texas?
Acceptable proof includes a Texas driver’s license, lease or mortgage documents, utility bills, voter registration, or official mail from a government agency showing your Texas address.
How long does someone have to stay at your house to establish residency?
There’s no strict rule, but if someone stays for an extended period—typically 30 days or more—with belongings and no other address, they may begin to establish residency under certain legal standards.
How long before a guest becomes a tenant in Texas?
In Texas, a guest may be considered a tenant after residing in a property for 30 days or more, especially if they pay rent or contribute to utilities. Legal tenant status can also be triggered by a lease or agreement.
