If you have made the hard decision to divorce your spouse, your next questions are probably, Where do I file for divorce and when can I file?
Different states have different divorce laws that can have vastly different effects on your life.
If you want to file in Texas, you or your spouse must meet Texas divorce residency requirements.
Who Can File for Divorce in Texas?
To file for divorce in Texas, you have to fulfill residency requirements. Generally, divorce residency requirements in Texas state that you cannot file for divorce here unless you or your spouse:
- Has lived in Texas for at least six months prior to filing; and
- Has lived in the county where you want to file for at least 90 days prior to filing.
While these are the standard requirements for filing for divorce in Texas, there are exceptions to the divorce residency requirements for individuals with unusual living situations.
Residency for Non-Resident Petitioners
Spouses don’t always live in the same home, or even the same country, before they decide to divorce. If you have moved to a different country or state, but your spouse has been in Texas for at least six months, you do not have to change your location to initiate proceedings. You can file for divorce in the Texas county where your spouse lives.
Residency Rules for Spouses Stationed on Military Bases
If you or your spouse is in the military, you probably want to know what happens if the military takes you from another state and stations you on a military base in Texas. In this situation, you can still file for divorce in Texas if you have been stationed in the state for at least six months and you have been in the county for at least 90 days.
Residency Rules for Public Servants
We greatly appreciate your service to this country and state, and we understand your service might take you far from home.
If you are normally a Texas resident but your work serving the United States or Texas government (military or otherwise) requires you or your spouse to spend time outside the state or county, you and your spouse are still Texas residents for the purpose of filing for divorce.
How Long Before My Divorce Is Final?
You have likely spent a long and difficult time deciding whether or not to divorce. Divorce is stressful and draining, and it helps to know when the process will end. Unfortunately, there is no set formula to determine how long your divorce could take.
The typical contested divorce in Texas takes four months to a year to finalize. Your proceedings could be longer or shorter.
While it doesn’t dictate a maximum, Texas law dictates a minimum amount of time a divorce case can take. A Texas divorce court normally cannot grant you a divorce decree until at least 60 days have passed since filing. A divorce court can grant you a divorce before 60 days if your case involves family violence.
The length of your proceedings depends on how well you and your spouse cooperate and how complicated your issues are. While they cannot give you any guarantees about your court time, an experienced divorce attorney can help you move through the divorce process more quickly and help you achieve better results.
Speak to an Attorney to Take Your Next Steps with Confidence
While you might meet Texas residency requirements for divorce and you might be emotionally ready to file divorce on your own, the road ahead is easier with support. At The Larson Law Office, we provide quality representation customized to your specific family law needs.
Attorneys Erik and Diana Larson are a husband and wife team that have more than two decades of experience. Erik and Diana remain by your side during the course of your divorce case. We do not pass off your representation to junior attorneys you don’t know.
We can provide you top-notch representation and stability during a time of profound change. Call us at 713-221-9088 or contact us online for help and understanding.