Texas Divorce - Residency Requirements

in Divorce

Each state in the U.S. has its own residency laws for individuals seeking divorce. In order to legally seek divorce within a state, you must meet the residency requirements. Contrary to popular belief, you do not have to file for divorce in the state in which you were married. Most people file for divorce within the state and county in which they currently reside.

If you have recently moved from one state to another and are considering divorce, you may find yourself in a unique situation. Before pursuing divorce be sure that you know what the residency requirements are for your new state. This information will help determine how you proceed with your divorce.

Texas Residency Requirements

To qualify for divorce in the state of Texas, one spouse must have lived in Texas for the past six months. It is not necessary for both spouses to have residency status in order to file for divorce. In addition to the state residency requirement, at least one spouse must have resided in the county in which the divorce is filed for a minimum of 90 days. If you do not meet these requirements your divorce case will not be accepted by the court.

If You Do Not Qualify

If you have recently moved to Texas, you and your spouse may not yet meet the state's residency qualifications for divorce. If this is the case, there are still a few divorce options for you to consider:

  • Look up the residency requirements for the state in which you and your spouse previously lived. Since each state has different laws, you may be able to seek divorce in a different state.
  • If you do not meet the residency requirements but your spouse does, consider asking your spouse to file for divorce.
  • Consider waiting until you have been a Texas resident for 6 months, then file for divorce. You can use the waiting period to begin preparing for the divorce proceeding.
If you do not qualify for divorce in Texas, you may want to contact a Texas divorce lawyer to fully clarify all of the options that are available to you. He or she can answer any questions you may have about filing a divorce in Texas and can advise you on what may be the most favorable divorce option, depending on your situation.

For More Information

To learn more about filing for divorce in Texas, please visit the website of experienced Austin divorce attorneys Slater Kennon & Jameson, LLP today.

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Joseph Devine has 1 articles online

Joseph Devine

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Texas Divorce - Residency Requirements

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This article was published on 2010/03/26
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