In Texas, specific residency requirements must be met to file for divorce. The residency requirements ensures that the state and its courts have proper jurisdiction over the divorce proceedings.

State/County Residency Requirement

To initiate a divorce in Texas, either spouse must have been a state resident for at least six months immediately preceding the filing. This requirement establishes a substantial connection between the individual and the state, justifying Texas’s authority over marital dissolution. 

In addition to the state residency mandate, at least one spouse must have resided in the county where the divorce petition is filed for a minimum of 90 days before filing. This provision ensures that the case is handled in a local jurisdiction familiar to the parties involved. 

Military Personnel Considerations

For active-duty military members and their spouses, Texas law provides certain accommodations:

• If a service member or their spouse has been stationed at a military installation in Texas for at least six months and in a specific county for at least 90 days, they are considered residents for divorce purposes. 
• Time spent outside Texas due to military service does not negate residency status if Texas remains the service member’s domicile. 

Impact on the Divorce Process

Meeting residency requirements is a fundamental step in the divorce process. Failure to comply can result in delays, additional legal expenses, and the necessity to refile once residency is established. Understanding these provisions is crucial for military families, as deployments and relocations can complicate residency status. Ensuring compliance with residency rules facilitates a smoother and more efficient divorce proceeding.