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What are Texas residency requirements for divorce?

By June 28, 2023April 3rd, 2024No Comments

Before filing for divorce in Texas, you and your spouse must meet state residency requirements. If you file for divorce without meeting the residency requirements it can end up costing more time and money and ultimately delay the process.

Just because someone lives in Texas does not automatically mean that they qualify for residency.

Texas residency requirements for divorce

Texas divorce requirements state that you can not file for divorce unless you have:

  • Lived in Texas for at least six months prior to filing; and
  • Lived in the county where you want to file for at least 90 days prior to filing
  • Military members who are stationed in Texas must have been stationed in the state for at least six months to file for divorce

If your spouse lives in another state and will only be responding to your petition, a Texas court has jurisdiction over them if:

  • You lived together in Texas as the last state of the marital relationship
  • You share minor children
  • The court’s jurisdiction over your spouse would not violate any other state or federal laws

Filing for a divorce is one of the most challenging things you will ever do, especially with children. It would be best if you made sure that yours and your children’s rights and interests will be protected.

Filing for divorce in Texas with minor children

Residency requirements for children are strict. Minor children of divorcing parents must have lived in Texas for at least six months or since they were born. If they have not, a Texas judge will not be able to make decisions about child custody. If you meet the residency requirements yourself, but your children do not, or if they live in a different state, make sure you speak with a Texas divorce attorney right away.

Contact a divorce attorney in Bryan Texas

If you have recently moved to Texas or are married to someone who lives outside of Texas, it is important to understand state residency requirements so you can figure out where and when you can file for divorce. To get help with the initial stages of filing for divorce, and every other part of the divorce process, message the offices of  C.E. Borman or give us a call at 979-846-4090

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