Table of Contents for Divorce Jurisdiction
Divorce Jurisdiction General Requirements—Both Spouses Live in Texas
You must satisfy two jurisdictional requirements to be eligible to file for divorce in Texas. First, you must have been domiciled in Texas for at least six months. “Domicile” means that you consider Texas to be your permanent home. Second, you must have been a resident of the county in which you live for at least 90 days prior to filing. A couple of quick examples may help clarify these two requirements.
First, a person moved to San Antonio a year ago—intending that Texas be their permanent home. They are eligible now to file for divorce in Bexar County because they meet both jurisdictional requirements. They’ve been domiciled in Texas for at least six months. They’ve been a resident of Bexar County for at least 90 days.
Second, a person moved to Texas seven months ago—intending that Texas be their permanent home. They lived temporarily, however, with a relative in New Braunfels (Comal County) for three months until they found an apartment in San Antonio (Bexar County). Since finding an apartment, they’ve lived in San Antonio for the past four months. This person is eligible now to file for divorce in Bexar County. They’ve been domiciled in Texas for at least six months. They’ve been a resident of Bexar County for at least 90 days.
Third, a person moved to Texas three months ago—intending that Texas be their permanent home. They lived temporarily, however, with a relative in New Braunfels (Comal County) for one month until they found an apartment in San Antonio (Bexar County). Since finding an apartment, they’ve lived in San Antonio for the past two months. This person is not yet eligible to file for divorce in Bexar County (or anywhere else in Texas). They have not yet been domiciled in Texas for at least six months. They have not yet been a resident of Bexar County (or any other county) for at least 90 days. The soonest this person could become eligible to file for divorce in Texas is if they continue to reside in Bexar for another three months. At that time, they will have been domiciled in Texas for six months and resided in Bexar County for at least 90 day.
Divorce Jurisdiction You Live in Texas—But Your Spouse Lives in Some Other State
If you are domiciled and living in Texas, but your spouse lives in some other state, then you can file for divorce in Texas if:
- Texas is the last place where you resided together as husband and wife—and you file for divorce within two years since you stopped living together in Texas; or,
- There is any other “Constitutional basis” for Texas to exercise jurisdiction over your non-resident spouse. One example would be if your spouse purposefully maintained contact with Texas, such as regularly visiting our State while conducting business. Other possibilities exist. Speak with a qualified attorney first.
Your Spouse Lives in Texas—But You Live in Some Other State
If you are domiciled and living in another State—say, Nebraska, for example—you may file for divorce in the Texas county where your spouse lives if one condition is met. Your spouse must have been domiciled in Texas for at least six months. Why might someone need to file in Texas when they are a resident of another State? There are a number of reasons. One reason, continuing this example, is that Nebraska might not be able to obtain jurisdiction over the spouse who is living in Texas. If so, a Nebraska court might lack jurisdiction to divide marital property located in Texas. Another reason might be that children of the marriage have been living with the spouse in Texas for at least six months. If so, a Nebraska court might lack jurisdiction to enter orders affecting the children (i.e. custody, visitation, child support and medical support). Talk with a qualified attorney about the specific facts of your situation before taking legal action in Texas or elsewhere.
You are a Nonresident Military Service member or Nonresident Military Spouse
Texas grants military service members and military spouses a special exception. Neither one has to be a domiciliary of Texas in order to be eligible to file for divorce in Texas. The person filing, however, must have resided in Texas for at least six months. An example may help clarify.
A military service member and family (spouse and children) came to Texas ten months ago on military assignment. The military service member is domiciled, for example, in Ohio (i.e. the servicemember lists Ohio as his or her home state on the LES; has an Ohio driver’s license; and; is registered to vote and votes in Ohio). The spouse also is domiciled in Ohio. Either one is eligible to file for divorce in Texas because both have resided in Texas for at least six months.
Two points are worth emphasizing. If the military service member is the one who files for divorce, then a Texas court will automatically have jurisdiction to divide the service member’s military retired pay as part of the property settlement—whether or not they have served at least 20 years at time of divorce. If the spouse is the one who files for divorce, then a Texas court would not have jurisdiction to divide military retired pay—if and only if the service member took specific steps within required time lines. Whether you are a nonresident service member or nonresident spouse thinking about filing for divorce in Texas, talk with a qualified attorney before proceeding.