Initiating divorce requires a careful review and utmost compliance of the law to ensure the process runs as smoothly as possible. This includes meeting the residency requirement set by law.
As simple as it may seem, the residency requirement in a divorce can cause confusion among parties, especially if they live in different states at the time of the petition.
Numbers to remember
When filing for divorce in Texas, either spouse must have been a resident of the state for at least six months prior to filing the petition. Moreover, at least one spouse must have lived in the county where the parties will file the divorce petition for at least 90 days before filing.
This residency requirement ensures that the court where the parties file the petition has proper authority over the divorce and that they did not file it in an improper location simply for convenience or strategic legal reasons.
If neither spouse meets the residency requirement, the court will not accept the petition. Accordingly, the case will not be able to proceed until the spouses meet the requirement.
Exceptions to the rule
In unique situations, courts may provide leniency as to the residency requirements. For instance, individuals serving the U.S. armed forces or their accompanying spouses who spend time outside of Texas may still be considered to have met the six-month or 90-day requirements despite so.
Making informed decisions
Before initiating a divorce, it is advisable to seek guidance from a knowledgeable divorce attorney to ensure you understand and comply with your state’s divorce law requirements. This also allows you to make informed decisions and align your goals with your plan of action.
