Understanding Texas Divorce Residency Requirements

Residency & Jurisdiction

Residency requirements for divorce are enforced to ensure that the state has proper jurisdiction over the case. Jurisdiction refers to a court's legal authority to hear and decide a particular matter. In the context of divorce, it means the court has the power to dissolve the marriage and make binding decisions about related issues such as property division, child custody, and spousal support.

The concept of jurisdiction is crucial in divorce proceedings for several reasons:

• It prevents forum shopping, where a person might seek to file for divorce in a state with laws more favorable to their situation, even if they have no real connection to that state.
• It ensures that the court has a legitimate interest in the case and that at least one party has established sufficient ties to the state. This connection is important because the court's decisions will have significant legal and practical implications for the parties involved, and the state may need to enforce these decisions in the future.
• Proper jurisdiction is essential for the recognition and enforcement of the divorce decree in other states and countries. If a divorce is granted by a court that lacks jurisdiction, the divorce may be considered invalid, leading to complicated legal situations where a couple might be considered divorced in one state but still married in another. By enforcing residency requirements, states aim to prevent such scenarios and ensure that their divorce decrees will be recognized as valid and binding across jurisdictions.

Texas Residency Requirements for Divorce

To file for divorce in Texas, the following residency requirements must be met:

1. At least one spouse must have been a resident of Texas for a continuous six-month period before filing for divorce.
2. Additionally, at least one spouse must have been a resident of the county where the divorce is being filed for at least 90 days prior to filing.

Exceptions Can Be Made

It is worth noting that military service members stationed in Texas or accompanying their spouse who is stationed in Texas may be considered residents for the purpose of filing for divorce, even if they haven't physically resided in the state for the required period.

Under Texas Family Code § 6.303, military and government personnel and their spouses can still count time spent outside of the state toward their time as residents if they were outside of the state or county while completing their duties. For spouses, this would apply if they were out of the state or county while accompanying their spouse as they completed their military or state work.

How to Prove Texas Residency

To prove state and county residency, you will need the following:

• Proof of domicile: Having a permanent home in Texas (i.e., having a domicile in the state) can establish residency. Documents that can support the establishment of a domicile include employment verification, real estate ownership documents, business ownership certificates, or a certificate of marriage with a Texas resident.
• Proof of physical residency: You can show the court that you are a state and county resident by providing a copy of your driver’s license, voter registration card, rental agreement, paycheck stubs, utility bills, or other documents that have both your name and address on the document.

It is also important to note that tax records and immigration documents can prove residency. These documents typically prove both your physical residence and domicile.

Keeping Your Address Confidential

The Texas Attorney General has implemented the Address Confidentiality Program (ACP), which allows victims of family violence, sexual assault, stalking, and human trafficking to keep their addresses confidential during legal proceedings like divorce petitions.

If you are enrolled in the ACP, you will be given a substitute address that you can use on your divorce petition instead of your actual address. This can help protect you from your abuser finding your new address.

When filing for divorce, the courts can verify that you meet this requirement without revealing your address if you are a participant in this program.

What to Do If You Do Not Meet Residency Requirements

If a person doesn't meet these residency requirements, they would need to wait until they do before filing for divorce in Texas or consider filing in another state where they meet the residency requirements. While waiting to file in Texas, you can take the following steps to prepare for your divorce:

1. Consult with an attorney.
2. Collect bank statements, tax returns, deeds, and other financial documents.
3. Develop a budget based on your sole income.
4. Collect important documents like your marriage license and passports.
5. Research your options for filing (contested vs. uncontested).
6. Consider the impact of the divorce on your children.

Learn more about how to get ready for the legal and financial aspects of divorce by reading our blog, “How to Prepare for Divorce.”

Let Us Help You File for Divorce

The Clark Law Firm can help you file a contested or uncontested divorce. We have over 35 years of experience and have handled thousands of family law cases. When you retain our services, you can trust that we have the skills and legal knowledge needed to help you navigate negotiations or litigation, as well as to help you develop a personalized case strategy.

Reach out to us at (817) 435-4970 for an initial consultation.