When Can I File For A Texas Divorce?

When someone decides to file for divorce, they may not be able to do it as soon as they would wish. While there is no requirement that you remain married for a certain period of time, residency requirements must be met to file for divorce in Texas.

Either spouse can file for divorce in Texas after meeting the residency requirement. Under Texas law, a spouse can file for divorce as long as they have been a domiciliary of the state for at least six months. This means that the spouse must have lived primarily in Texas for the six months leading up to the filing. In addition, the filing spouse must have lived in the county where they file for divorce for at least 90 days before the court will accept a divorce filing. Importantly, either spouse can meet the residency requirement. Thus, if a spouse who lives in another state wants to file for a Texas divorce, they can do so as long as their spouse meets the 6-month and 90-day residency requirements.

Other than these two requirements, there is no other waiting requirement to file for divorce in Texas. Unlike in some other states, spouses do not need to live separately for a period of time before filing for a Texas divorce.

Attorney Jason Wright 2020-2022 Super Lawyers Rising Star

Get Help Now

  • This field is for validation purposes and should be left unchanged.

Client Review

“Jason is very professional and friendly. He patiently explained everything as many times as I needed and made the law easier to understand. Gave great advice and listened to all of my suggestions walking me through if they would work or not.”
Jami L
Client Review

Do you need professional legal assistance?