Texas Residency Requirements for Divorce
People who intend to file for divorce in Texas should primarily verify that they meet the divorce residency requirements in Texas. To comply with the existing law, one of the spouses must live in the state for 6 months before the petition is filed with the court. Under Texas Family Code, before filing for a divorce in Texas, one of the spouses needs to have been a resident of the county in which you file for divorce for at least 90 days. If you do not meet the Texas residency requirement, the court will not have jurisdiction over your case or make any judgment.
Do You Have to File for Divorce in the County You Live In?
According to Texas residency requirements for divorce, the petitioner must not necessarily be domiciled in Texas:
- In cases when spouses live separately, it is sufficient when at least one of two spouses can prove the permanent residence in a specific county to file for divorce there.
- If a petitioner or a respondent who is a resident of Texas was absent from the county for a reason of public service on behalf of Texas or United States, this time still counts as a permanent residence and is considered when the court decides whether the requirements for divorce in Texas are met.
However, a court might not have jurisdiction to make decisions about out-of-state property and children if Texas is not their home state.
How Do You Prove Residency in Texas?
To prove Texas residency of one of the spouses, it is necessary to present one of the following documents in court:
- Valid driver’s license or ID card
- Lease or rentals agreements
- Bank receipts or utility bills
- Medical/health card
If a resident of another state decides to file for an out of state divorce in Texas, there is no need to become a legal resident of Texas if the other spouse meets the residency requirements of the county where the divorce is going to be filed.