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Divorce Residency Requirements in Texas

In Texas, either spouse must have been domiciled in the state for 6 months and lived in the filing county for 90 days, and insupportability is the no-fault ground.

Last checked . General information, not legal advice.

Texas at a glance

State residency
6 months
County residency
90 days in the filing county
No-fault ground
Insupportability
Discord or conflict of personalities that prevents any reasonable expectation of reconciliation.

Sources

Last checked

The rules in Texas

How long must you live in Texas before filing for divorce?

State residency in Texas: 6 months.

Is there a county residency requirement for divorce in Texas?

County residency in Texas: 90 days in the filing county.

What is the no-fault ground for divorce in Texas?

No-fault ground in Texas: Insupportability. Discord or conflict of personalities that prevents any reasonable expectation of reconciliation.

Where do the Texas divorce residency requirements come from?

The rules above come from Tex. Fam. Code 6.301 and Tex. Fam. Code 6.001. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.