A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Texas, the residency requirement for filing for divorce stipulates that at least one spouse must have been a resident of the state for a continuous six-month period and a resident of the county where the divorce is filed for at least 90 days prior to filing. This requirement ensures that the court has jurisdiction over the case. If the spouses have minor children, additional stipulations may apply, such as the requirement that the children have resided in Texas for at least six months. These requirements are outlined in the Texas Family Code, which governs divorce proceedings and related matters in the state. It is important to note that if one spouse does not meet the residency requirements, they may need to wait until they do before filing for divorce in Texas.
