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You’re living your life in Texas, trying to keep things together, and then it hits you—your marriage is over, but your spouse is living in another state. Maybe they moved away. Maybe you did. Either way, you’re left asking yourself, Can You File for Divorce in Texas If Only You Live Here? The short answer is yes—you can—but there’s a bit more to it than just filling out paperwork and calling it a day.
If you’re a parent, things get even trickier. Divorce doesn’t just divide households—it disrupts routines, schedules, and if you’re not careful, your child’s academic progress. From school drop-offs to standardized tests, your kids are dealing with way more than math homework right now. That’s why understanding how Texas courts handle these kinds of cases can make a world of difference in your child’s emotional and academic stability.
In this blog, we’ll break down everything you need to know about filing for divorce solo in Texas, including how residency rules work, how judges view out-of-state spouses, and how educational continuity plays a major role in custody decisions. We’ll also give you practical steps you can take as a parent to protect your child’s academic well-being during this major life shift.
At The Law Office of Bryan Fagan, PLLC, we believe knowledge is power—and in family law, it’s also protection. So if you’re wondering what filing for divorce looks like when you’re the only one in Texas, you’re in the right place. Stick around—because your next chapter starts here, and we’re here to help you write it.
Key Takeaways
- To file for divorce in Texas, at least one spouse must have lived in the state for six months and the county for 90 days, ensuring the court has jurisdiction.
- Domicile in Texas requires a physical presence and intent to establish a permanent home, while residency focuses on time spent in the state.
- Legal representation is crucial in complex cases, especially for multi-jurisdictional divorces and custody issues, to protect rights and ensure proper procedures are followed.
Texas Residency Requirements for Divorce
So, Can You File for Divorce in Texas If Only You Live Here? Under Section 6.301 of the Texas Family Code, the answer is yes—but only if certain residency requirements are met. Specifically, at least one spouse must have lived in Texas for six continuous months before filing, and must have also resided in the county of filing for at least 90 days. These requirements establish the court’s jurisdiction, which is essential before a divorce case can move forward.
Even if your spouse lives in another state—or another country—you can still file in Texas, as long as you meet those residency criteria. However, the court must also have personal jurisdiction over your spouse. This typically means your spouse must have meaningful ties to Texas, such as having previously lived in the state, owning property here, or sharing children who currently reside in Texas.
If you’re wondering how Texas courts handle these kinds of situations, our legal team has broken it down in detail in our blog post, How Does Divorce Court Work if One Spouse Lives Out of State?. It covers what to expect if you’re the only one residing in Texas and offers practical steps to ensure your divorce proceeds smoothly.
At our firm, we frequently guide clients through these exact circumstances. Failing to meet the required residency thresholds can result in your case being dismissed—costing you time, money, and peace of mind. That’s why our attorneys strongly encourage verifying eligibility before filing.
To explore how the process works when one spouse doesn’t respond to the divorce petition or is unwilling to participate, take a look at How Uncontested Divorces Work in Texas. This guide outlines how Texas courts can proceed even without full cooperation from both parties. When you’re facing a divorce and living in Texas alone, understanding your legal standing is the first—and most important—step. Our family law team is here to help you protect your rights, your peace of mind, and your future.
Defining Domicile and Residency in Texas
When preparing to file for divorce, many clients ask an important question: Can You File for Divorce in Texas If Only You Live Here? The answer depends on whether you’ve met the residency and domicile requirements under Section 6.301 of the Texas Family Code. While the terms residency and domicile may sound interchangeable, Texas law treats them as distinct but closely related concepts—and understanding the difference is critical to ensuring your case can proceed.
Residency refers to the physical requirement of living in Texas for at least six continuous months and in the county of filing for at least 90 days. This is the minimum requirement to establish jurisdiction for divorce in a Texas court. Domicile, on the other hand, is about intent. It means you consider Texas your permanent home—not just where you’re currently staying. Establishing domicile involves both your presence in Texas and clear indicators that you’ve made it your home, such as registering to vote, obtaining a Texas driver’s license, leasing or purchasing property, and severing formal ties with your previous state. There’s no set timeframe for establishing domicile—what matters is your actions and intentions.
If only one spouse lives in Texas and has established both residency and domicile, the court can move forward with the divorce, even if the other spouse lives elsewhere or does not respond. In such cases, a default divorce may be granted if the non-resident spouse fails to answer after being properly served. For a complete walkthrough of that process, we recommend reading Mastering the Default Divorce Process in Texas: A Step-by-Step Guide.
You can also explore our related blog post on how uncontested divorces work in Texas, which provides guidance for smoother proceedings when both parties cooperate—or when one party doesn’t engage at all. At our firm, we understand that residency and jurisdiction can feel confusing, especially when you’re facing divorce alone in a new state. That’s why our attorneys take the time to explain your rights clearly and guide you through each requirement with compassion and precision. Whether you’re just settling in or have lived here for years, our goal is to help you start your next chapter on solid legal ground.
Filing for Divorce When Your Spouse Lives Out of State
When your spouse lives out of state, the divorce process in Texas can quickly become more complicated. The biggest hurdle? Jurisdiction. So, Can You File for Divorce in Texas If Only You Live Here? According to Section 6.301 of the Texas Family Code, you can—as long as you meet the state’s residency requirements. That means one spouse must have lived in Texas for at least six consecutive months and in the county of filing for at least 90 days.
If your spouse has never lived in Texas, the court may face limitations when it comes to exercising personal jurisdiction over them. This could impact issues like property division or child custody, especially if your spouse disputes the case or lives in a state with conflicting family law statutes. Still, filing is entirely possible if jurisdictional requirements are met, and the process can often move forward without delay.
Our family law team frequently assists clients in long-distance divorce scenarios. One common approach is to work with a Texas-based attorney—like those at our firm—who can file your paperwork locally and help you navigate the process through services like eFileTexas.gov. Whether you’re stationed out of state, living overseas, or simply managing the case from afar, this option allows your divorce to proceed smoothly without needing to be physically present for every step.
However, filing when your spouse is out of state brings added layers of legal complexity. For example, differing laws around property division or child support enforcement may lead to confusion and delay. That’s why it’s critical to work with an attorney experienced in multi-jurisdictional divorce cases—someone who can help you avoid common pitfalls and protect your interests across state lines.
To understand the broader legal landscape, we recommend reading An Overview of Texas Divorce Laws: What You Need to Know. This resource outlines how Texas courts handle everything from jurisdiction to spousal support, and it’s a great starting point if you’re preparing to file.
For more insight into related legal challenges, you might also find our post on how to handle divorce when your spouse refuses to respond helpful. It covers options for moving forward when communication with an out-of-state spouse breaks down. Whether you’re in-state or out, the attorneys at our firm are committed to providing clear, compassionate guidance tailored to your unique circumstances. We help Texans—and only Texans—protect their rights, their families, and their futures.
Service of Process for an Out-of-State Spouse
When filing for divorce, one of the most important procedural steps is ensuring your spouse is properly served with notice of the case. But what happens if your spouse lives in another state—or can’t be found at all? Many clients in this situation ask, Can You File for Divorce in Texas If Only You Live Here? According to Section 6.301 of the Texas Family Code, you can—so long as you meet Texas residency requirements. But serving an out-of-state spouse requires strict adherence to Texas procedural rules to keep your case on track.
Under Texas Rules of Civil Procedure 106 and 109, the first attempt to serve divorce papers must be either in person by a process server or via certified mail with return receipt requested. These formal methods give your spouse the opportunity to respond and participate in the process. If those efforts fail—particularly if your spouse’s location is unknown—you may request alternative service. To do this, you must show the court that you’ve made diligent attempts to locate and serve your spouse. With court approval, service can then be made by posting (a notice at the courthouse) or publication (an announcement in a newspaper). These steps are legally valid substitutes, but only when all other options have been exhausted.
Proper service of process is not just a formality—it’s a legal necessity. If a judge finds that service was incomplete or improper, your case may be delayed or even dismissed. That’s why working with an experienced Texas family law attorney is so important, especially when your spouse is out of state or unwilling to engage in the process.
If you and your spouse are separated but not yet ready to formally divorce, you may want to explore options for living apart peacefully. Our firm discusses this alternative in Choosing Separate Paths: How to Live Apart Amicably and Without Divorce, a helpful resource for couples navigating difficult transitions with minimal conflict.
For additional insight into what happens when a spouse doesn’t respond to a divorce petition, visit our blog post on default divorce procedures in Texas. At The Law Office of Bryan Fagan, our team is committed to ensuring every client understands the full picture—legally and emotionally—so they can move forward with confidence and clarity, even in challenging situations involving out-of-state spouses.
Property Division Challenges Across State Lines
Dividing property during divorce can be emotionally and financially draining—and when spouses live in different states, the complications can grow quickly. Clients often ask, Can You File for Divorce in Texas If Only You Live Here? The answer is yes, if you meet the residency requirements under Section 6.301 of the Texas Family Code. But even if you’re eligible to file in Texas, property division can get tricky when out-of-state assets are involved.
Under Texas law, most assets acquired during the marriage—regardless of whose name is on the title—are presumed to be community property. That means both spouses have an equal ownership interest, and the court will seek a division that’s “just and right,” though not always strictly equal. This principle holds true whether the property is located in Texas or another state.
Things get more complex when the divorce involves real property (like a home or land) located outside Texas. While Texas courts can still divide out-of-state property, they must consider the laws of the state where the asset is located and whether they have the authority to enforce division. Additionally, separate property—such as assets one spouse owned before marriage or received as a gift or inheritance—must be clearly proven to remain separate, especially if it has been commingled with community funds over time.
At our firm, we often help clients gather documentation, trace the history of ownership, and present clear evidence to protect their rights. We also guide clients through the process of navigating multi-state property division, which may require additional steps like working with local counsel in the other state or crafting settlement agreements that account for cross-border enforcement.
If you’re beginning the divorce process and unsure where to start, we recommend reviewing our guide, The Complete Step-by-Step Process for Filing an Uncontested Divorce in Texas. It walks you through the basics of filing, serving your spouse, and reaching agreements—especially useful if you and your spouse are on relatively cooperative terms.
For more on how property is handled in divorce—including key strategies for identifying, valuing, and dividing complex marital estates—you may also want to read our blog post on property division and financial planning after divorce. Whether your marital estate includes assets in multiple states or you’re just trying to understand what counts as community property, our legal team is here to provide strategic, informed support tailored to your situation. We help Texans make sense of the law—and make smart decisions for the future.
Child Custody and Support Issues with Non-Resident Spouses
Custody and child support matters can be emotionally charged under any circumstance, but when one parent lives out of state, the complexity only increases. Clients often ask, Can You File for Divorce in Texas If Only You Live Here? The answer is yes, as long as the residency requirements outlined in Section 6.301 of the Texas Family Code are met. However, when children are involved and one parent resides in a different state, additional legal layers come into play—particularly when determining jurisdiction.
In most cases, child custody jurisdiction is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law prioritizes the child’s “home state,” typically defined as the state where the child has lived for at least six consecutive months prior to the filing. If Texas qualifies as the home state, then Texas courts have authority to issue custody orders—even if the other parent lives elsewhere.
When parents cannot agree on custody or visitation schedules, courts often order mediation to help both sides work toward a mutually acceptable parenting plan. During this time, either parent may also request temporary custody or support orders, especially if the child’s stability is at risk due to relocation, military deployment, or a change in living arrangements.
In situations where one parent cannot be located—or chooses not to participate in the divorce—Texas law allows for service by publication as outlined in Texas Rule of Civil Procedure 109. This is often necessary when a spouse avoids service, and the case involves minor children. These safeguards ensure that the child’s best interests remain at the forefront, even when the case proceeds without full participation from both parents.
To learn how Texas courts handle these unique cases, especially when one party is unresponsive, visit our in-depth guide: How to Navigate a Default Divorce in Texas: Essential Tips and Advice. It outlines the exact process for moving forward when a spouse is missing or unwilling to engage.
For additional context on how child-related decisions are made during divorce, our blog on how Texas courts determine the best interest of the child is a great next read. At our firm, we understand that navigating interstate custody and support disputes can be overwhelming. That’s why we’re committed to providing clear, compassionate guidance that empowers you to protect your parental rights—and your child’s future—no matter where the other parent lives.
Special Considerations for Military Families
Military families encounter unique challenges when filing for divorce. Military members stationed in Texas can file for divorce there, even if they aren’t originally from the state. The non-military spouse’s residence in Texas may also satisfy the residency criteria for filing.
The Servicemembers Civil Relief Act allows active-duty members to request a 90-day delay in proceedings if duty prevents them from responding. This provision ensures that military members can address their legal matters without compromising their service obligations.
Practical Steps for Filing for Divorce in Texas
When you’re ready to take the first step toward ending your marriage, understanding the process can ease some of the emotional and logistical stress. Clients often ask, Can You File for Divorce in Texas If Only You Live Here? According to Section 6.301 of the Texas Family Code, the answer is yes—as long as you’ve lived in Texas for at least six months and in the county where you’re filing for at least 90 days.
Once residency is confirmed, the process begins with filing an Original Petition for Divorce in the appropriate Texas district court. If there are no minor children involved, you’ll typically use Form FM-DivA-100 to get started. From there, a mandatory 60-day waiting period applies before the court can finalize the divorce. However, this waiting period may be waived in certain cases—particularly those involving family violence or protective orders.
If your divorce is uncontested, the process may move quickly and efficiently. But if there are disputes over property, custody, or support, a court hearing will likely be required. That’s when working with a knowledgeable Texas family law attorney becomes crucial to protecting your rights and guiding you through motions, discovery, and negotiation.
Importantly, access to justice shouldn’t depend on your income. If you’re unable to pay the standard filing fees, you may submit a Statement of Inability to Afford Payment of Court Costs, which the court can review for a possible fee waiver. Our team can also help connect you with low-cost or pro bono legal resources if needed.
In emotionally tense situations—especially when spouses are living in different locations—filing for divorce can take a toll. We invite you to read The Link Between Emotional Stability and Living Apart During a Divorce in Texas to understand how living separately can affect the emotional well-being of both parties and their children during the process. For a full roadmap on how to manage divorce effectively and with minimal conflict, our article on navigating a peaceful divorce in Texas offers helpful insight on what to expect and how to prepare. No matter where you’re starting from—whether you’re in the same home, living apart, or filing solo—our firm is here to help you approach the process with clarity, support, and a plan for the future.
Importance of Legal Representation
Navigating divorce complexities without legal guidance can lead to significant oversights and complications. Understanding complex Texas divorce laws is vital for protecting one’s rights and assets. An attorney’s expertise is crucial for accurately handling paperwork and court procedures.
The long-term risks of not hiring a lawyer often outweigh initial cost savings from a DIY divorce. Attorneys are particularly helpful when parents live in different states, as courts may require mediation to resolve custody and support matters effectively.
Hypothetical Case Scenarios
Grasping potential legal outcomes in divorce cases is crucial. A common situation involves one spouse failing to disclose assets, which can lead to the other spouse filing a motion to compel discovery. Failure to disclose assets can significantly impact significant property division, possibly resulting in legal repercussions for the non-disclosing spouse in the best interest of a fair settlement for both parties. It is important to speak with a legal professional to understand these implications.
Realistic hypothetical case scenarios help individuals prepare for the complexities of actual divorce proceedings. These scenarios highlight the importance of full disclosure and the potential consequences of hiding assets.
Key Takeaways
When considering filing for divorce in Texas, understanding the residency requirements in the Texas Family Code is essential. A clear understanding of the legal definitions of domicile and residency is crucial.
The importance of hiring an experienced Texas divorced divorce attorney cannot be overstated, especially for effectively navigating multi-jurisdictional divorces across counties.
Conclusion:
Every divorce is different, but one thing remains true—navigating it alone, especially when your spouse lives in another state, can feel overwhelming. The good news? You can move forward confidently in Texas, even if you’re the only one living here. With the right guidance and a clear understanding of how the law works, you can protect your rights, support your child’s academic success, and begin building a stable future.
If you’re facing the kind of questions we covered today—about residency, custody, schooling, or just how to take that first step—know that you don’t have to figure it all out on your own. Working with an experienced Texas Family Law Attorney, like those at The Law Office of Bryan Fagan, PLLC, can make all the difference. We’re here to help you create a parenting plan that works, draft court orders that prioritize your child’s well-being, and walk with you through each phase of the process.
So if you’re still sitting there wondering what your next move should be, here’s a thought: give yourself permission to ask for help. You don’t have to have all the answers today. Just the courage to start. And when you’re ready—we’ll be here, ready to help you take that next step forward with clarity, compassion, and confidence.
