Everyone needs a fresh start sometimes, especially after a significant relationships end. Whether you decide to end your marriage after a recent move or return home to be with family, certain residency requirements apply before you can file for divorce in Texas.
Discuss the unique residency laws applicable to your case with our experienced divorce lawyers in San Antonio, TX.
Texas Divorce Residency Requirements
Family law, including the rules governing divorce, is highly state-specific. Each state has a unique family code setting forth the filing and residency requirements for divorce petitions. Texas Family Code § 6.301 states that one spouse must be domiciled in the State of Texas for at least the last six months before either party would be permitted to file for divorce.
Domiciled means that you or your spouse has moved to Texas with the intention of remaining indefinitely. Further, you or your spouse must have continuously resided in the state for at least six months immediately before filing the divorce petition. Speak with a San Antonio divorce lawyer if you’re in the military; however, notable exceptions apply to military personnel and spouses stationed at JBSA.
County Residency Requirements for Texas-Based Divorces
In addition to the six-month residency requirement, Texas has a county-specific requirement. The resident spouse must also have lived in the county where the divorce petition is filed for at least 90 days immediately preceding the filing of the divorce petition. If one spouse lives in another state and one spouse lives in San Antonio, any Texas-based divorce petition must be filed in the Texas District Court. Texas is a big state, and you may not file the petition in El Paso County because it’s more convenient.
Importantly, any Texas divorce petition can only be filed in the county where at least one spouse has resided for the prior 90 days. This means you cannot move to a different county and immediately file a divorce petition even if you’ve lived in Texas for years. You must wait an additional 90 days and cannot file the petition in a non-residential county, i.e., the county you moved from, as you must reside in the county where the divorce petition is filed.
Non-Resident Filing Requirements for Texas Divorces
Texas Family Code § 6.302 specifically permits non-resident spouses, including those residing in another country, to file for divorce in the county where their spouse resides under certain conditions. Their spouse must meet the necessary residency requirements. Doing so would ensure your divorce case is decided under Texas law, which addresses matters including:
- Child conservatorship (custody)
- Community property
- Spousal maintenance
- Marital fault
- Possession and access (visitation)
Call an experienced San Antonio divorce lawyer immediately to discuss whether filing for divorce in Texas would help or harm your case.
Discuss Texas Residency Requirements for Divorce with a San Antonio Family Attorney
An experienced Texas divorce lawyer can help you determine your eligibility to file for divorce in Texas and guide you through the process. Contact Cook Law Firm & Associates, PLLC at (210) 740-0281 or reach out online to discuss your options in San Antonio, including unique considerations for military families.