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Can I File for Divorce in Texas?

Can I File for Divorce in Texas?

If you were married in another state or country, you may file for divorce in Texas after you have lived in the state for a certain length of time. You may file in Texas if you have lived in the state for at least six months. You must file in the county where you have lived for at least 90 days.

Texas Family Code 6.301. General Residency Rule for Divorce Suit:

“A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period.”

(“Domiciliary of this state” means a person lives in Texas.)

If you file a petition for divorce before the required time period for residency, your case may be abated (suspended) until the residency requirement is met.

If you do not live in Texas, but your spouse does, you may file in Texas as long as your spouse has lived in Texas for more than six months.

If you and your spouse live in two different counties, you may file in either county as long as residence in the county has been established.