Before you can file for divorce in Texas, you must meet the state and county residency requirements. Filing in the wrong county is one of the most common reasons a Texas divorce is delayed or dismissed. This page explains what self-represented filers need to confirm before filing.
Not legal advice. DivorceReady.online is a document preparation service, not a law firm. This page is general information about Texas family law concepts and does not apply to your specific situation. For advice about your rights, consult a licensed Texas family law attorney.
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Next scheduled check: November 29, 2026
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Texas requires two layers of residency. First, at least one spouse must have been a domiciliary of Texas for the preceding six-month period. Second, that spouse must have been a resident of the county where the petition is filed for the preceding 90-day period. Both requirements run immediately before the date you file your Original Petition for Divorce.
Texas distinguishes between domicile (your permanent home, where you intend to return) and residence (where you physically live). The six-month requirement is a domicile requirement. The 90-day requirement is a county-residence requirement. You can have one domicile and a temporary residence elsewhere; for divorce filing, the key is where you actually live and intend to stay.
If you moved to Texas or to a new Texas county less than six months (or 90 days) ago, you generally must wait until the residency period is satisfied before filing. Filing too early can lead to dismissal or a transfer. If both spouses have left Texas, a Texas court may lack jurisdiction entirely, and you may need to file in your new state.
Active-duty military members stationed in Texas, and their spouses who live with them in Texas, can often meet Texas residency even if their home of record is another state. Service members have additional protections under the Servicemembers Civil Relief Act (SCRA). If a military spouse is involved, the case may need manual review — DivorceReady flags military cases because SCRA and jurisdiction questions can require legal guidance.
You typically do not need to attach proof of residency to your petition, but you must allege under oath that you meet the requirements. If residency is challenged, common proof includes a Texas driver's license, voter registration, lease or deed, utility bills, employment records, and the date you established your Texas home.
DivorceReady's questionnaire asks about your Texas residency and county so the petition is prepared for the correct court. We do not verify whether you genuinely meet the residency test or advise on jurisdiction disputes. If you recently moved or your residency is uncertain, confirm your situation before filing.
How long do you have to live in Texas before filing for divorce?
At least one spouse must have lived in Texas (domicile) for the preceding six months and in the filing county for the preceding 90 days immediately before the date the petition is filed.
Can I file in any Texas county?
No. You file in a county where you (or your spouse) have met the 90-day county residency requirement. Filing in a county where neither spouse meets the residency requirement can lead to transfer or dismissal.
What if I just moved to Texas?
You generally must wait until you have lived in Texas for six months and in your county for 90 days before filing. Filing before the residency period is satisfied risks dismissal.
Does the military count as Texas residency?
Military members stationed in Texas, and spouses living with them in Texas, can often establish Texas residency for divorce purposes. SCRA protections may also apply. Military cases may need legal review before filing.
Explore related Texas divorce guides, filing requirements, and local county resources.
DivorceReady.online is a document preparation service, not a law firm, and does not provide legal advice.
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Start Your Texas DivorceDivorceReady.online is a document preparation service, not a law firm. We do not provide legal advice. Contact: contact@divorceready.online