Texas Divorce Residency Requirements

Before you can file for divorce in Texas, you have to clear one gate: residency. Texas courts can only end a marriage when the state has a real connection to at least one spouse. The rule is short, specific, and easy to check.

The rule: 6 months in the state, 90 days in the county

Under Texas Family Code §6.301, to file for divorce in Texas:

• One spouse must have been a resident of Texas for at least the preceding 6 months, and
• that same spouse must have lived in the county where the divorce is filed for at least the preceding 90 days.

Two things people often get wrong:

1. Only one of you has to meet it. If either spouse satisfies the 6-month/90-day rule, you can file. Your spouse can live in another state or another county.
2. It’s the same spouse for both parts. The 6-month (state) and 90-day (county) periods must both be met by one person — you can’t combine one spouse’s state residency with the other’s county residency.

Which county do you file in?

You file in the district court of a county where the 90-day requirement is met. If both you and your spouse have lived in qualifying Texas counties, you can generally file in either one.

Choosing the right county matters because each has its own district clerk, filing fee, and local procedure. Our county guides cover how filing works in Harris, Dallas, Tarrant, Bexar, and Travis.

The military exception

Service members don’t lose their Texas residency by being stationed elsewhere. Under Texas Family Code §6.303, if a spouse is a Texas resident absent from the state (or county) while serving in the armed forces or other government service, that time away still counts toward the 6-month and 90-day requirements. The same protection applies to a spouse who accompanies them.

What if neither of you meets the requirement yet?

If neither spouse has lived in Texas 6 months and in the county 90 days, you simply have to wait until one of you does before filing. There’s no way around the residency rule — a court will dismiss a petition filed too early. If you recently moved to Texas, note the date you’ll become eligible and plan your filing for then.

Quick check

Ask yourself: Has either of us lived in Texas for 6+ months, and in this county for 90+ days? If yes, you meet the residency requirement and can move on to the rest of the filing process. If you’re not sure your overall situation qualifies for a simple, agreed divorce, the 60-second eligibility check will confirm it.