Q: I'M NEEDING TO FILE FOR A DIVORCE BUT MY SPOUSE LIVES IN ANOTHER STATE. WE BOTH AGREE ON THE DIVORCE.
WE DO NOT HAVE KIDS TOGETHER. JUST NEED TO FILE
A:
In Texas, residency requirements for divorce cases are governed by Texas Family Code Section 6.301. According to this statute, either party involved in the divorce proceedings can establish residency in Texas, allowing the divorce case to be legally filed in a Texas Court.
Specifically, the rule stipulates that either the petitioner (the individual initiating the suit) or the respondent must have been a "Domiciliary" of Texas for the six (6) months preceding the filing of the divorce. Additionally, to file an Original Petition, one must have been a resident of the county where the petition is to be filed for at least ninety (90) prior to the filing.
IT is worth noting that the Texas residency requirement offers flexibility, as it permits either party to file the divorce based on the residency of the other party. This means that even if your spouse moves away from Texas, they can still file initiate divorce proceedings in Texas based on your residency.
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