Texas Divorce Residency Requirements Explained (2026 Guide)

Quick Answer: To file for divorce in Texas, either spouse must have lived in Texas for the last 6 months and in the filing county for the last 90 days as of the filing date. This rule comes from Texas Family Code 6.301. Only one spouse needs to meet both rules.

Are you thinking about divorce? Maybe you just moved here. Maybe your spouse lives far away. Before you file, answer one question: Am I allowed to file in Texas yet?

This guide explains the Texas residency rules in plain words. You will learn the six-month residency rule and the 90-day county residency requirement. You will also learn the special rules for military families, people who just moved, and spouses who live in another state or country. At the end, you will know what happens if you file too soon.

What Are the Texas Divorce Residency Requirements?

The Texas divorce residency requirements are two time rules. They are statutory residency prerequisites for divorce. That means the Texas Legislature wrote them into law, and every judge must follow them.

The Texas Family Code includes these rules. The law uses the words “preceding six-month period” for the state rule and “preceding 90-day period” for the county rule. “Preceding” simply means “right before.”

The Six-Month State Rule

To be a Texas domiciliary for divorce, you must treat Texas as your true home for at least 6 months. This answers how long you must live in Texas before filing for divorce. A domiciliary is more than a person with a Texas mailing address. It is someone who lives here and plans to stay.

The 90-Day County Rule

You must also live in the county where you file for at least 90 days. Your county of residence at the time of filing determines which court hears your case. If you live in Harris County, you file in Harris County. If you live in Tarrant County, you file there.

These are two separate tests. A person who has lived in Texas for years but moved to a new county 30 days ago meets the state rule but not the county rule.

Only One Spouse Must Meet Residency

Here is some good news. Only one spouse must meet residency. Either the petitioner (the spouse who files) or the respondent (the other spouse) can meet both rules.

So the petitioner residency requirement in Texas is flexible. Say you just moved to Texas, but your spouse has lived in Dallas County for two years. You can file in Dallas County. Texas divorce rules let you count your spouse’s residency.

Residency at the Time of Filing

Courts look at residency when you file. Count back from the day you file. Do not count from the day your spouse gets the papers or from your court date.

Example: Maria moved to Austin, Travis County, on March 1, 2026, and planned to stay. She meets the 90-day county rule by early June. She meets the six-month state rule around September 1, 2026. That is the first day she can safely file.

Continuous Residency in Texas

The law expects continuous residency in Texas. A short trip does not reset your clock. Moving away for good does. The next section explains the difference.

Domicile vs. Residence: What Is the Difference?

Many people mix up these two words, so it helps to understand how domicile and residence work in a Texas divorce.

• Residence is where you live right now.
• Domicile is your true, fixed home. It is the place you plan to stay and return to.

Domicile is where a person intends to set up a permanent home, and the person must also take action to support that plan. So you need an intent to remain in Texas permanently, plus real steps that show it.

Temporary Absence from Texas Residency

A temporary absence from Texas usually does not break your residency. Common examples include:

• A family vacation
• A work trip
• Caring for a sick parent in another state

What matters is that you plan to return and Texas remains your home.

Special Cases: Seasonal Residents, Students, and Remote Workers

• Seasonal residents: Some people spend only the winter in Texas. If they keep their home, license, and voter card in another state, Texas is likely not their domicile.
• College students: A student from another state who studies in Texas may or may not be a Texas domiciliary for divorce purposes. It depends on the student’s plans and actions, such as getting a Texas license or signing a long lease.
• Remote workers: Where your boss is located does not matter. If you live in Texas and work online for a company in another state, Texas can still be your home.

How to Prove Texas Residency for Your Divorce

Good proof of Texas residency matters most if your spouse challenges it. Keep copies of these records:

• Texas driver’s license: A Texas driver’s license is strong proof of residency. The Texas Department of Public Safety asks new residents to get a Texas license within 90 days of moving.
• Voter registration: A Texas voter card helps your divorce case. The Texas Secretary of State oversees voter registration.
• Lease or mortgage: A lease or mortgage serves as proof of residence and shows where you live and when you moved in.
• Utility bills: Utility bills are strong evidence of residency because they show you live in the home month after month.
• Other records: Pay stubs, Texas car registration, bank statements, and your children’s school records also help.

How Courts Check Residency

You swear that you meet the rules in your Original Petition for Divorce. Later, you testify about residency at the prove-up hearing. A prove-up is a short hearing where you tell the judge the key facts.

Special Situations and Exceptions

Can I File for Divorce If I Just Moved to Texas?

If you are asking, “Can I file for divorce if I just moved to Texas?”, the answer is usually “not yet.” But there are exceptions. If you are going through a divorce after moving from another state, you have three choices:

1. Wait until you meet the 6-month and 90-day rules.
2. File in your spouse’s county, if your spouse meets both rules there.
3. File in the state you left, if you still meet that state’s rules.

Residency requirements for divorce vary by state. Some states require more time, and some require less, so check the rules where you lived.

What If You Moved to a New County?

If you moved to a new county in Texas, your divorce county clock starts over. Your state clock does not. You can wait 90 days in your new county. Or, if your spouse still lives in your old county and meets both rules, you can file there.

Your Spouse Lives in Another State or Country

You can still get a divorce in Texas if your spouse lives in another state. Under Texas Family Code 6.302, if one spouse has lived in Texas as a domiciliary for at least the last six months, a spouse living in another state or country may file in the Texas county where the Texas spouse lives at the time of filing.

This rule helps with divorces involving an out-of-state spouse in Texas. It also covers a divorce when your spouse lives overseas.

Personal Jurisdiction Over a Nonresident Spouse

Residency lets a Texas court hear your divorce. But to order your spouse to pay money or split certain property, the court also needs personal jurisdiction over a nonresident spouse. That means Texas must have enough ties to your spouse.

This is where Texas long-arm jurisdiction comes in. Under Texas Family Code 6.305, if the petitioner lives in Texas, the court can reach an out-of-state respondent when Texas was the couple’s last shared marital home, and the case is filed within two years after that ended. It can also reach the respondent on any other basis the Texas and U.S. constitutions allow. Jurisdiction gained this way also covers the parent-child part of the case.

Married Abroad? Non-Citizens and Green Card Holders

You can get married abroad and divorce in Texas. Where you got married does not matter for divorce residency.

Section 6.301 does not require the petitioner to be a U.S. citizen or to hold a certain type of visa. So non-citizen divorces and green card holder divorces in Texas follow the same residency rules. A divorce can affect immigration status, though, so talk to an immigration lawyer too.

Foreign divorce recognition: If you already divorced in another country, a Texas court may accept that divorce if it was valid there. Get legal advice before you remarry.

Incarcerated Spouse

In an incarcerated-spouse divorce in Texas, you can usually meet the residency requirements on your own. You can serve your spouse with the papers at the prison.

Military Divorce and Texas Residency

Texas military divorce residency rules help families who move a lot.

Absence on Public Service (Section 6.303)

Under Texas Family Code 6.303, time a Texas domiciliary spends outside the state or county while serving in the armed forces or other U.S. or Texas government service counts as living in Texas and in that county. The same applies to time spent accompanying a spouse in that service.

Lawmakers passed S.B. 1159 because military spouses who were Texas domiciliaries when they married, but moved away under their partner’s orders, could not always file in Texas.

Armed Forces Personnel Stationed in Texas (Section 6.304)

Texas Family Code 6.304 covers the armed forces. Service members who have never lived in Texas but have been stationed at Texas military bases for the past six months, and at a base in a Texas county for the past 90 days, count as Texas domiciliaries and county residents for divorce. Spouses who come with them count too.

This rule helps service members stationed in Texas who want a divorce, including those at:

• Fort Hood in Bell County
• Joint Base San Antonio in Bexar County
• Fort Bliss in El Paso County

This is called military installation residency in Texas.

Home of Record Is Not Always Enough

In In re Green, the husband admitted his military pay statement listed Texas as his residence. The court still found he did not meet the residency rules. A form alone does not prove domicile.

Federal Laws That Also Apply

• Servicemembers Civil Relief Act: In a divorce, this federal law lets an active-duty member ask the court to pause the case if military duty keeps them from court. It also guards against default judgments. This matters in a Texas divorce involving a deployed spouse.
• Uniformed Services Former Spouses’ Protection Act: This law governs how a Texas court divides military retirement pay. A state court can divide military retired pay only if it has authority over the service member through residence not caused by military orders, domicile, or the member’s consent.
• Free legal help: The U.S. Department of Defense offers free legal advice at each base’s JAG Legal Assistance Office.

Family Violence: What the Law Really Says

Some websites say survivors of family violence get a residency exception. That is not correct. Residency rules apply to everyone. The waiting period can change.

Under Texas Family Code 6.702, a judge may skip the 60-day wait in two cases. The first is when the respondent was convicted of, or got deferred adjudication for, family violence against the petitioner or someone in the petitioner’s home. The second is when the petitioner has an active protective order or emergency protection order against the respondent for family violence during the marriage.

A protective order in a Texas divorce can keep you safe while the case moves forward. If you are in danger, call 911. You can also call the National Domestic Violence Hotline at 1-800-799-7233.

Child Custody Has Its Own Residency Rule

Meeting the divorce rules does not always give a Texas court power over your kids. Texas child custody jurisdiction follows a different law. It is called the UCCJEA home state rule, and it’s in Chapter 152 of the Family Code. The Uniform Law Commission wrote the model version of this law, and most states use it.

A Texas court usually cannot issue first custody orders unless the child has lived in Texas for at least 6 months (or since birth), or Texas was the child’s home state and the child has been gone for less than 6 months. This is the six-month home state requirement for children. It controls conservatorship, which is the Texas word for custody.

Example: You and your kids moved from Oklahoma 4 months ago. Your spouse has lived in Houston for years. You can file for divorce in Harris County using your spouse’s residency. But your kids have lived in Texas only 4 months, so Oklahoma is likely still their home state for custody.

Child Support Across State Lines

Child support jurisdiction over a nonresident parent also requires personal jurisdiction. The Uniform Interstate Family Support Act, in Chapter 159, helps states coordinate support. The Texas Attorney General Child Support Division can help collect support from a parent in another state.

What Happens If You File Too Soon?

It Is Not a Subject Matter Jurisdiction Problem

Many people think filing too early means the court lacks jurisdiction. That is not quite right. On subject matter jurisdiction in a Texas divorce, Texas appeals courts have said the 6.301 rules are not jurisdictional. The right fix is usually to pause, or “abate,” the case instead of dismissing it for lack of jurisdiction.

You Cannot Agree to Skip the Rules

Courts also say the rules are close to jurisdictional because they control the right to bring a divorce. They are mandatory and cannot be waived. Even if both spouses agree, the rules still apply.

How a Spouse Challenges Residency

Challenging residency in a divorce usually starts with a plea in abatement. After a spouse files a plea in abatement, the court should pause the case until at least one spouse finishes the required time.

In a contested residency dispute, the judge decides the facts. Whether someone meets the domicile and residence rules is a question of fact for the trial court. Appellate courts will not change that decision unless there was a clear abuse of discretion.

When a Case Gets Dismissed

A dismissal for failure to meet residency can still happen. If the evidence shows neither spouse plans to live in the county where the suit was filed, pausing the case will not fix the problem. In that case, you may need to refile your divorce after you meet residency requirements. Some people try to fix the problem with an amended petition after the deadline passes. Whether that cures the defect depends on the court, so ask a lawyer.

Recent Case: Raise Problems Early

In August 2026, the Fourteenth Court of Appeals in Houston decided M.V.B. v. H.V.B., holding that a 2015 default divorce decree was not void, that Texas residency rules are not jurisdictional, and that the husband’s challenge came far too late. The lesson: if you have a residency concern, speak up right away.

Residency Rules vs. the 60-Day Waiting Period

Texas divorce has two separate clocks. The first is residency, which runs before you file. The second is the 60-day waiting period, which runs after you file.

Under Texas Family Code 6.702, a court may not grant a divorce before the 60th day after the case was filed.

Texas Divorce Timeline

Your Texas divorce timeline depends on whether you agree. An uncontested, agreed divorce can be finished in about 61 days. Uncontested cases often take 61 days to 4 months. Contested cases can take 6 months to over 2 years. Even in an uncontested divorce, you must still meet Texas residency rules.

Where to File: Venue for Divorce in Texas

Venue for divorce in Texas is the county where your case is heard. It helps to know the difference between divorce jurisdiction and venue:

• Jurisdiction is the court’s power to decide the case.
• Venue is the place where the case is heard.

Texas District Courts hear most divorces. Big counties such as Harris, Dallas, Travis, Bexar, and Tarrant have family district courts that handle only family cases. You may hear these called Texas family courts.

Filing in the wrong county can get your Texas divorce paused or force you to refile. A venue transfer in a Texas divorce is sometimes possible, but it may not fix a county residency problem. It is safer to file in the right county from the start.

District Clerk Divorce Filing and Fees

You file your papers with the district clerk in your county. Most counties accept online filing.

The Texas divorce filing fee changes by county. It runs about $300 to $370 and is around $350 in Harris and Travis counties as of August 2026. Cases with children can cost up to about $401. If you cannot pay, you can ask the court to waive the fee by filing a Statement of Inability to Afford Payment of Court Costs.

How to File for Divorce in Texas: Eligibility Checklist

Here is how to file for divorce in Texas once you know you qualify:

1. Count your months. Has one spouse lived in Texas for 6 months?
2. Check your county. Has that same spouse lived in the filing county for 90 days?
3. Gather proof. Collect your license, lease, and bills.
4. Check your kids’ home state. Have your children lived in Texas for 6 months?
5. Check your spouse’s ties to Texas. Can the court reach your spouse under Section 6.305?
6. Pick your forms. The Texas Supreme Court-approved divorce forms are available online for free. The Texas Access to Justice Commission supports these forms to help with a pro se divorce in Texas, meaning a divorce without a lawyer.
7. File the Original Petition with the district clerk.
8. Serve your spouse. A sheriff, constable, or private process server can complete citation and service of process. Your spouse can also sign a Waiver of Service. Waiver of service falls under Tex. Fam. Code § 6.4035.
9. Wait and finish. Wait at least 60 days, attend the prove-up, and get your Final Decree of Divorce.

Other Texas Divorce Rules You Should Know

Grounds for Divorce in Texas

Most people use no-fault divorce in Texas, based on insupportability. Under Section 6.001, a court may grant a no-fault divorce if the marriage has become insupportable. In plain terms, the marriage can no longer work. Other grounds for divorce in Texas include cruelty, adultery, felony conviction, abandonment, living apart, and confinement in a mental hospital.

Community Property Division in Texas

Texas is a community property state. Community property is split in a “just and right” way under Tex. Fam. Code § 7.001. A just and right division is fair, but not always 50/50.

Courts can still divide property outside Texas in a divorce. The court may order your spouse to sign papers for land in another state, but it must first have power over your spouse.

Spousal Maintenance in Texas

Spousal maintenance in Texas is money one spouse pays the other after divorce. It is covered in Tex. Fam. Code § 8.001 and the sections that follow. These rules are in Chapter 8.

No Legal Separation in Texas

Texas does not recognize legal separation. You stay married until a judge signs your final decree.

Annulment Residency Requirements in Texas

Annulment residency requirements in Texas are different from divorce rules. Under Section 6.306, you may bring an annulment case in Texas only if the couple married in Texas or, in certain cases, if a spouse lives here.

Same-Sex Divorce and Common-Law Marriage

• Same-sex divorce: Texas residency rules apply equally to all couples. The U.S. Supreme Court case Obergefell v. Hodges (2015) gave same-sex couples the right to marry, and they divorce under the same rules.
• Common-law marriage: Texas recognizes informal, or common-law, marriage. Ending one requires a regular divorce. Informal marriage dissolution in Texas follows the same residency rules. You may first need to prove the marriage existed.

Which State Should I File Divorce In?

If you are asking which state to file in, consider where you and your spouse live, where your kids live, and where your property is.

Forum shopping in a Texas divorce means picking a state just for better rules. Courts look closely at fake moves. A proper Texas decree gets full faith and credit, which means other states must honor it under the Full Faith and Credit Clause of the U.S. Constitution. A decree built on weak residency invites attack later.

Before you decide, review Texas divorce jurisdiction requirements and your eligibility for a Texas divorce.

Quick Reference: Texas Divorce Residency by Situation

When to Talk to a Texas Family Law Attorney

A Texas family law attorney can help if:

• Your spouse is fighting residency.
• You or your spouse is in the military.
• Your kids live in another state.
• You own property outside Texas.

The State Bar of Texas runs a lawyer referral service. The Texas Judicial Branch website, txcourts.gov, lists local courts. The Office of Court Administration supports Texas courts. The Texas Courts of Appeals and the Texas Supreme Court decide cases that shape these rules.

Frequently Asked Questions

How long must you live in Texas to get a divorce?

One spouse must live in Texas for 6 months and in the filing county for 90 days before filing.

Can I file for divorce in Texas if my spouse lives in another state?

Yes. If you meet the rules, you can file here. To divide some property or order support, the court also needs power over your spouse.

Can I get divorced in Texas if I just moved here?

Only if your spouse meets the rules. Otherwise, you must wait.

Do both spouses have to live in Texas to divorce?

No. Only one spouse must meet the rules.

What county do I file for divorce in?

You file in a county where either spouse has lived for the last 90 days.

Does military service count toward Texas residency?

Yes. Sections 6.303 and 6.304 protect service members and their spouses.

Can a non-U.S. citizen file for divorce in Texas?

Yes. Citizenship is not required.

What if I file before meeting the residency rules?

Your spouse can file a plea in abatement. The court usually pauses the case until you meet the requirements.

Does leaving Texas briefly break my residency?

Usually not, as long as you plan to return and Texas stays your home.

Is the 60-day waiting period part of the residency rule?

No. It is a separate clock that starts after you file.

Conclusion

The Texas rules are simple at their core: 6 months in Texas and 90 days in your county, met by either spouse. Special rules help military families and spouses who live apart. Child custody has its own 6-month rule. If you file too early, the court usually pauses the case rather than dismissing it. Check your dates, gather your proof, and get legal help if your case is complex.