Can I file for divorce in Texas?
You can file for divorce in Texas if you or your spouse has lived:
- in Texas for at least the last 6 months, and
- in the county where you file for divorce for at least the last 90 days.
See Texas Family Code Section 6.301.
Note for military families: If you are serving in the military or other government service outside of Texas you may still file for divorce in Texas if:
- Texas has been the home state of either you or your spouse for at least 6 months and
- the county where you plan to file the divorce has been the home county of either spouse for at least 90 days.
The same rule applies if you accompanied your spouse who is serving in the military or other government service outside of Texas. If Texas is your home state, time spent outside of Texas with your military spouse counts as time spent in Texas.
See Texas Family Code Section 6.303.
Note for military families with children: Talk to a lawyer if you and your spouse have children together and your children have lived in another state or country for the last 6 months. A Texas court may not have jurisdiction to make orders about your children.