Before you can file for divorce in Texas, you need to make sure you meet state residency requirements. Just because someone lives in Texas does not automatically mean that they qualify for residency, and filing for divorce without meeting the residency requirements can delay the divorce process and ultimately make it cost more time and money. If you want to get divorced in Texas, here are some important things to know.

How Long Do I Need to Live in Texas Before I Can File for Divorce?

If you have lived in Texas for at least six months, either you or your spouse can file for divorce in Texas. If you file for divorce, you must have lived in the county in which you want to file for divorce for at least 90 days. Even if your spouse lives in another state and will only be responding to your petition, a Texas court has jurisdiction over them if:

  • You lived together in Texas as the last state of the marital relationship
  • The court would also have jurisdiction over any minor children you share
  • The court’s jurisdiction over your spouse would not violate any other state or federal laws

Military members who are stationed in Texas must have been stationed in the state for at least six months to file for divorce. Military service or another public service can cause a Texas resident to leave home often, so any time spent outside Texas or a certain county of a public service member’s residence is still considered residence in Texas and that county.

Filing for Divorce in Texas with Minor Children

Because of issues involving jurisdiction and child custody matters, the residency requirements for children are strict. Minor children of divorcing parents must have lived in Texas for at least six months or since they were born. If they have not, a Texas judge will not be able to make decisions about child custody. If you meet the residency requirements yourself, but your children do not, or if they live in a different state, make sure you speak with a Texas divorce attorney before taking action.

Schedule a Consultation with a Dallas-Fort Worth Divorce Lawyer

If you have recently moved to Texas or are married to someone who lives outside of Texas, it is important to understand state residency requirements so you can figure out where and when you can file for divorce. To get help with the initial stages of filing for divorce, and every other part of the divorce process, call the offices of Clark Law Group today at 469-717-6514 for a comprehensive consultation with a Dallas, TX divorce attorney.