I'm new to Texas. Can I file for divorce here?

You’ve recently arrived in Texas. Things are getting unbearable and you want to file for divorce. So, can you file here? Or do you have to go back to where you last lived?

The answer to those questions depends on your specific situation. 

Generally speaking, in order for someone to file a Suit for Divorce in Texas, that person’s situation needs to meet one of three requirements - 

1. Both parties have domiciled in Texas for the past 6 months.

2. The person filing for divorce (also known as the “Petitioner”) has domiciled in Texas for the past 6 months.

3. The person being served with the Suit for Divorce (also known as the “Respondent”) has domiciled in Texas for the past 6 months.

So, that doesn’t mean that the parties are not allowed to leave Texas at all.  

In order to establish domicile in Texas, a person must live in Texas with the intention of making it that person’s fixed and permanent home.  However, if you are a servicemember who has not previously been a resident of Texas, you may still qualify as a Texas domiciliary for the purpose of filing a suit for divorce if you meet the following requirements: 

1. You are serving in the US armed forces and has been stationed at one or more military installations in Texas for the last six months; or 

2. You are married to a servicemember and have accompanied your spouse to Texas during your spouse’s military service for the last six months.

However, temporary absences with the intention to return usually will not break the continuity of an established residence.  Whether or not your situation meets the domicile requirement may be fact specific and sometimes requires the Court to decide. 

Further, even if you meet the requirement to file for divorce in Texas, you should also make sure that you are filing in the right county.  Just like you can’t file in any state, you also cannot file in just any county you wish.  You must first meet the residency requirement to file in that county. 

Generally speaking, in order to qualify as a resident, a person must be physically present and living in that county.  To file in a specific county, one of the following requirements needs to be met:

1. If both parties have domiciled in Texas for the past 6 months, then either party must have resided in that county for at least 90 days.

2. If only Petitioner has domiciled in Texas for the past 6 months, then the Petitioner needs to have resided in that county for at least 90 days.

3. If only Respondent has domiciled in Texas for the past 6 months, then the Respondent needs to be residing in that county. 

Please realize that meeting the domicile and residency requirement may be enough to file a suit, but may not be enough for the Court to have jurisdiction to make decisions on the aspects of a case. The determination of whether or not the Court has jurisdiction and if the case is filed in a Court with proper jurisdiction may require a complex legal analysis.  

If you are uncertain whether or not you meet the requirements for filing or if you are in the Court with proper jurisdiction, you should speak with an attorney about it and perhaps hire an attorney to help you.  Filing in the wrong place may not only bring you additional stress and frustration, it will also be a waste of time and money.

The content provided in this blog is for informational purposes only.  This is not legal advice, and your viewing of this blog does not form any attorney-client relationship. 

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