Texas Divorce Residency Explained: Can You File Here?

Before you can file for divorce in Texas, at least one spouse must have lived in Texas for the preceding six months and in the filing county for the preceding 90 days. Both time periods are measured backward from the day you file your Original Petition for Divorce. Only one spouse needs to meet the test, which is helpful when one partner moved to Texas more recently.

Texas cares about both domicile (your permanent home, where you intend to stay and return) and residence (where you physically live right now). The six-month requirement is a domicile requirement; the 90-day requirement is a county-residence requirement. A temporary work assignment or school stay usually does not establish domicile by itself.

If you have been in Texas less than six months, or in your county less than 90 days, you generally must wait before filing. Filing too early can lead to dismissal or a transfer of the case. If both spouses have left Texas, a Texas court may lack jurisdiction, and you may need to file in your new state instead.

Active-duty service members stationed in Texas, and spouses living with them in Texas, can often meet Texas residency even if their home of record is elsewhere. Military cases can also trigger Servicemembers Civil Relief Act protections, so DivorceReady flags military cases for review before checkout.

You usually do not attach proof to the petition, but you must swear under oath that you meet the requirements. If residency is ever challenged, a Texas driver's license, voter registration, lease, utility bills, and the date you set up your Texas household serve as evidence.

For the full rules and edge cases, see our Texas divorce residency requirements topic page. If your residency is uncertain, confirm your situation with the District Clerk or a licensed Texas attorney before filing.