Before a Texas court will even hear your divorce, one of you has to meet the state's residency rules. The rules look simple but trip up plenty of people who recently moved or split time between states.
Texas Family Code §6.301 requires that at least one spouse has been a Texas resident for the preceding 6 months and a resident of the filing county for the preceding 90 days. Both must be true on the day you file.
Only one of you needs to meet the residency test. If you live in Texas and your spouse lives in another state, you can still file here — though there are jurisdictional issues for property and custody if the other state has stronger ties.
Active-duty military stationed in Texas (or Texas-domiciled service members stationed elsewhere) generally meet the residency test. The Servicemembers Civil Relief Act adds extra protections during deployment.
Travel for work, school, or family doesn't reset the clock as long as Texas is your intended permanent home. Where you vote, register your car, file taxes, and keep your driver's license all matter.
A divorce filed before you've met both the state and county residency rules will be dismissed (or transferred) when challenged. Wait it out or file in the right place — re-filing later costs time and fees.
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NotALawyer.com provides general legal information, not legal advice.