How Do I Know Whether I Can File for Divorce in Texas?

 Posted on September 16, 2022 in Divorce

An important step in any divorce is determining where you can file your divorce petition. Every state has strict requirements detailing whether someone is considered a resident for the purposes of filing for divorce. Having children can change your eligibility in one state or another, and some people may even have more than one option for filing. If you live in Texas - especially if you have recently moved here from another state - it is important to understand residency requirements so you know where to file for divorce. 

Texas Divorce Residency Requirements 

Texas requires people wanting to file for divorce to have lived in the state of Texas for at least six months immediately preceding filing the divorce petition. Further, residents who meet this requirement must have lived in the county in which they want to file for divorce for at least 90 days. If your spouse has lived in Texas for at least six months, you can file for divorce in Texas even if you do not live here. 

If you are a Texas resident but have been out of state for travel related to public service, such as members of the U.S. Armed Forces or government employees, or are a spouse of someone who has had to travel out of state for public service, you are still considered a resident of Texas in the same county in which you lived prior to your public service travel. 

A member of the military who was not previously a resident of Texas but has been stationed in Texas for at least six months is also permitted to file for divorce in the county in which they have lived for at least 90 days. 

If you have minor children and want to get divorced, Texas will not have initial jurisdiction over issues relating to the children unless the children have lived in Texas for at least six months or since birth. Jurisdictional issues relating to children can become complicated, so be sure you speak to a Texas divorce attorney before filing for divorce if you have underage children. 

Meet With a Tarrant County Divorce Lawyer

At Daniel R. Bacalis, P.C., we understand that the bureaucratic elements of divorce can be confusing and overwhelming. We work hard to create a warm, trusting relationship with our clients so they know they can count on us to handle issues like residency and the other complex legal details of divorce. If you are considering divorce in Texas, call our Hurst divorce attorney today at 817-498-4105 to schedule a free consultation and learn more about what we can do for you. 

Source: 

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.301