Living in Texas does not automatically mean you can file for divorce in the state. You need to meet certain residency requirements before you can qualify. If you do not, your entire divorce might be put on hold, which can make the entire process more expensive and lengthy. This article will offer an overview of Texas residency requirements. However, if you live in Texas and have questions about how your residency status might impact an upcoming divorce, you should speak with a qualified Dallas, TX divorce lawyer to find out more.

Under Texas Family Code § 6.301, both a state residency requirement and a county residency requirement must be met before you can file.

What Is the Texas Residency Time Requirement?

You need to live in Texas for at least half a year to file for divorce here. If one spouse has lived in Texas for less but the other for at least six months, that is still legally acceptable. Whichever spouse has lived here within the required amount of time can file for divorce.

There are also residential requirements for the county in which you will file. Whoever is filing for divorce needs to live in the county where they are filing for at least 90 days.

If either you or your spouse lives in another state altogether, the Texas court can still have jurisdiction over this non-Texas resident under any of the following conditions:

• Texas is the last state where you and your spouse lived together as a married couple
• You and your spouse have children in Texas who are minors.
• The children must have lived in Texas for at least six months for any Texas judge to be able to make any custody rulings about them.
• You or your spouse serve in the military and have been stationed in Texas for at least six months. There are recognized extenuating circumstances under this condition; if military service called you or your spouse away from home and out of state, the time spent outside Texas or the county where you wish to file for divorce is still considered time spent in your Texas residence.

Filing for Divorce with Minor Children

If you and your spouse have minor children, there is an additional residency requirement that affects custody jurisdiction. Your children must have lived in Texas for at least six months — or since birth if they are younger than six months — for a Texas judge to have authority to make child custody decisions. If you personally meet the residency requirements but your children do not, or if they currently live in another state, do not file for divorce before speaking with a Dallas child custody attorney. Acting without understanding the jurisdictional limits can result in custody decisions being made in the wrong court entirely.

Contact a Dallas, TX Divorce Lawyer

There are many complicated aspects of divorce. Let an experienced Dallas, TX divorce attorney advise you on residency matters so that you can begin your divorce process smoothly without added complication. Call Clark Law Group at 469-906-2266 so we can review your case and offer tailored guidance.