Can You File for Divorce in Texas? Here’s the Residency Rule You Need to Know

If you're thinking about filing for divorce in Texas, there's one important rule that could delay—or even block—your case before it ever gets started: the residency requirement.
At first glance, it sounds simple. But we’ve seen many Texans confused or surprised by this rule, especially those who have just moved, travel often, or split time between multiple homes. So let’s break it down.

What Does the Law Say?Under Texas Family Code Section 6.301, you—or your spouse—must meet two requirements before you can file for divorce in a Texas court:

1. One of you must have lived in Texas for at least six months before filing; AND
2. One of you must have lived in the county where you’re filing for at least 90 days.

That’s it. But like most things in law, the devil is in the details.

"But I Just Moved Here…”
This is one of the most common situations we encounter. Let’s say you just moved back to Texas from another state, or you’re temporarily staying here after separating from your spouse. You may not yet qualify to file—even if Texas feels like home.
The law isn’t interested in your future plans; it cares about how long you’ve already been living here. The court needs proof that you’ve made Texas (and your specific county) your home—not just a stop along the way.

How Do You Prove Residency?
Courts don’t need your diary entries—they want tangible evidence. Things like:

• A Texas driver’s license or voter registration
• A signed lease or mortgage
• Utility bills in your name
• A job or school enrollment in the area
• Sworn statements (affidavits) from you or someone who knows your living situation

These help show that you didn’t just land in town yesterday and decide to file divorce paperwork today.

What If My Spouse Is Still in Texas?
Good news: If your spouse still meets the Texas residency requirements, you may be able to file even if you live in another state or country. That’s covered under a separate rule (Section 6.302), but it often comes into play for military families, international couples, or people relocating after separation.

What If You Don’t Meet the Requirements Yet?
Don’t panic. In many cases, the court can pause your case (called a plea in abatement) until the residency requirement is met. You don’t have to start over—but you do have to wait.
That said, it’s often better to wait and file at the right time to avoid extra costs, delays, or complications.

Real Talk: Why This Matters
We know the start of a divorce is stressful. No one wants legal speed bumps when emotions are already high. But knowing where—and when—you can file gives you a smoother path forward.

At The Palmer Law Firm, we believe that empowering people with clear information is just as important as providing legal help when it's needed. Whether you’re ready to file or just gathering info, understanding Texas residency rules puts you one step ahead.

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