A person may file for a suit for divorce in Texas provided that the person files the suit for divorce or the respondent has been a domiciliary of this state for the preceding 6 month period; and a resident of the county in which the suit is filed for the preceding 90-day period.
Can I divorce if I am in a same-sex marriage or civil union?
In Obergefell v. Hodges, the U. S. Supreme court held that same-sex couples may exercise the fundamental right to marry in all States and that there is no lawful basis for a state to refuse to recognize a lawful same-sex marriage performed in another state on the ground of its same-sex character.
Can the Residency Requirement be waived or abated?
Section 6.301 of the Texas Family Code which provided the general statute for the residency rule is not jurisdictional, but it controls a petitioner’s right to sue for a divorce. It is a mandatory requirement that cannot be waived.
Usually, when a person sues for divorce and has not met the residency requirements, the trial court abates the suit so that either the petitioner or the respondent can meet the residency requirements. Once a person files a plea in abatement, the court should abate the proceedings until at least one of the parties has completed the mandatory residency requirements.
However, then the evidence indicates that neither person intends to reside in the county of the suit, abating the suit will not cure a failure to meet the residency requirements.
What if I am not a U. S. Citizen?
Section 6.301 of the Texas Family Code does not require that a petitioner be a citizen of the United States or carry a certain type of visa. If a person has a tourist visa and has resided in the state and county for the required time period and has the intent to reside in the state and county, the person will usually satisfy the definition of “domiciliary”.
What county can I file a divorce in?
A person may bring suit in either the county of his residence or in that of the respondent’s. The choice of in which of those counties the suit is to be filed is still given to the petitioner or person filing the divorce suit.
What if the Suit for divorce is filed by a non-resident?
If one of the spouses has been a domiciliary of this state for at least the last 6 months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition for divorce is filed.
What is I am a Military Member?
Time spent by a Texas domiciliary outside of the State of Texas or outside of the county of residence of the domiciliary while in the service of the armed forces or other service of the United States or of this state, or while accompanying the domiciliary’s spouse in the spouse’s service or the armed forces or other service of the United States or of this state, is considered residence in this state and in that county.