Understanding Texas Divorce Residency Requirements Before Filing
You’ve made the difficult decision to end your marriage, but now you’re facing another challenge: determining whether you meet Texas’s residency requirements to file for divorce. Many people are surprised to learn that Texas has strict rules about who can file for divorce and where they can file. The state requires not just that you live in Texas, but that you’ve established both domiciliary status in the state for six months and residency in your specific county for 90 days before you can begin divorce proceedings. These requirements exist to prevent forum shopping and ensure that Texas courts have proper jurisdiction over your case.
💡 Pro Tip: Start documenting your Texas residency now with utility bills, lease agreements, or voter registration to establish your timeline for meeting the 90-day county requirement.
Ready to navigate the complexities of Texas’s residency requirements for divorce? Lackey Law is here to guide you every step of the way. Give us a ring at 888-705-0307 or contact us today to ensure your filing process is as smooth as possible.
Your Legal Rights Under Texas Divorce Law
Under Texas Family Code §6.301, you cannot maintain a divorce suit in Texas unless either you or your spouse has been a domiciliary of Texas for the preceding six-month period AND a resident of the county where you’re filing for the preceding 90-day period. This dual requirement often catches people off guard, especially those who have recently moved to a new county within Texas. Understanding these requirements with the help of a Divorce Attorney in Fredericksburg, TX can save you time and prevent your case from being dismissed on jurisdictional grounds. The distinction between domiciliary status and residency is crucial – domiciliary means Texas is your permanent home with intent to remain, while residency refers to your physical presence in a specific county.
💡 Pro Tip: If you’ve recently moved counties within Texas, you may need to wait to meet the 90-day requirement even if you’ve lived in Texas for years – timing your filing correctly is essential.
The Timeline and Process for Meeting Residency Requirements
Meeting Texas’s residency requirements involves careful tracking of your time in both the state and your specific county. The Texas Family Code Chapter 6 establishes clear timelines that must be satisfied before filing. Here’s what you need to know about the process and timeline for establishing proper jurisdiction in Gillespie County:
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Six months of continuous domiciliary status in Texas – this clock starts when you establish Texas as your permanent home with intent to remain
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90 days of continuous residency in Gillespie County – physical presence in the county where you intend to file
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Military service members receive special consideration – time spent outside Texas on military duty still counts toward residency under Section 6.303
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Non-resident spouses can file in their spouse’s county of residence if the Texas spouse meets the six-month domiciliary requirement
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Recent emergency orders, like the First Emergency Order on the Hill Country Flood State of Disaster dated July 8, 2025, may affect filing deadlines if natural disasters prevented timely filing
💡 Pro Tip: Keep a calendar marking your move-in date to Texas and to Gillespie County – you’ll need these exact dates when consulting with your attorney and filing your petition.
Finding the Right Divorce Attorney in Fredericksburg, TX for Your Case
Once you’ve confirmed you meet the residency requirements, working with a knowledgeable Divorce Attorney in Fredericksburg, TX becomes your next crucial step. The Gillespie County District Clerk’s office, located at 101 West Main St., Room 204, serves as the filing location for all divorce petitions in the county. Their office hours are Monday through Friday, 9:00 am to 4:00 pm, and they can be reached at 830-997-6517. Lackey Law understands the complexities of Texas divorce residency requirements and can help ensure your petition is properly filed. The firm’s deep understanding of local procedures and requirements helps clients avoid common filing mistakes that could delay their divorce proceedings.
💡 Pro Tip: Contact the District Clerk’s office or visit their e-filing portal before attempting to file to ensure you have all required documentation – this can save you multiple trips to the courthouse.
Special Circumstances That Affect Your Residency Status
Not everyone’s residency situation fits neatly into the standard six-month and 90-day requirements. Texas law recognizes several special circumstances that can affect how residency is calculated. For instance, if you’re married to someone in military service or other government service, Section 6.303 of the Texas Family Code Chapter 6 provides that time spent outside Texas while accompanying your spouse on duty still counts as Texas residency. This provision ensures that military families aren’t penalized for their service when seeking divorce. Additionally, if one spouse has been a Texas domiciliary for six months, Section 6.302 allows a spouse living in another state or country to file for divorce in the Texas county where the domiciliary spouse resides.
Military Service and Government Employment Considerations
The law specifically protects those serving in the armed forces or other U.S. or Texas state service. Time spent outside Texas or outside your county while on active duty is still considered residence in Texas and in your home county for divorce purposes. This protection extends to spouses accompanying service members on their assignments. When working with a Divorce Attorney in Fredericksburg, TX, military families should bring their duty station orders and housing documentation to establish their residency timeline. Understanding these protections can make a significant difference in when and where you can file for divorce, especially for families stationed at military installations or deployed overseas.
💡 Pro Tip: Military families should gather PCS orders, Leave and Earnings Statements showing Texas as their home of record, and any Texas driver’s licenses or voter registrations to document their continued Texas domiciliary status.
Common Residency Requirement Mistakes to Avoid
Many people make costly mistakes when calculating their residency timeline for divorce filing. One frequent error involves confusing the concepts of domiciliary status and county residency – you might have lived in Texas for years but recently moved to Gillespie County, meaning you’ll need to wait 90 days before filing there. Another common mistake occurs when people file too early, believing they’ve met the requirements when they’re actually a few days or weeks short. Working with an experienced Divorce Attorney in Fredericksburg, TX can help you avoid these pitfalls. The Gillespie County District Clerk processes numerous filings daily and the Court may reject petitions that don’t meet jurisdictional requirements, potentially costing you filing fees and delaying your divorce.
Documentation and Proof of Residency
Establishing your residency isn’t just about counting days – you need documentation to prove your timeline if challenged. Courts may require evidence such as utility bills, lease agreements, employment records, voter registration, or Texas driver’s licenses showing your address and issue date. An opposing counsel might challenge your residency claims during proceedings. Having a clear paper trail from the date you established Texas domiciliary status and Gillespie County residency protects your case from jurisdictional challenges that could derail your divorce proceedings.
💡 Pro Tip: Create a residency file with copies of dated documents showing your Texas and Gillespie County addresses – include everything from utility bills to bank statements to build an ironclad residency timeline.
Frequently Asked Questions
Understanding Complex Residency Scenarios
Residency requirements can become complicated when dealing with temporary relocations, dual residences, or recent moves. These questions address the most common concerns people have when determining their eligibility to file for divorce in Texas.
💡 Pro Tip: Write down your specific residency timeline and any special circumstances before consulting with an attorney – this preparation helps you get accurate advice quickly.
Next Steps in Your Divorce Process
Once you’ve confirmed you meet the residency requirements, understanding the filing process and what comes next helps you prepare effectively. These questions cover practical aspects of moving forward with your divorce in Gillespie County.
💡 Pro Tip: Use the Texas e-filing system through the District Clerk’s portal to file documents electronically – it’s faster and provides immediate confirmation of filing.
1. Can I file for divorce in Fredericksburg if I just moved here from another Texas county?
You must wait 90 days after moving to Gillespie County before you can file for divorce there, even if you’ve lived in Texas for years. The six-month Texas domiciliary requirement and the 90-day county residency requirement are separate – both must be satisfied. However, if your spouse still lives in your previous Texas county and meets the requirements there, you might be able to file in that county instead.
2. What if my spouse lives in another state but I’ve been in Texas for six months?
Under Section 6.302 of the Texas Family Code, if you’ve been a Texas domiciliary for six months, your out-of-state spouse can file for divorce in your county of residence. This means they don’t need to meet any Texas residency requirements themselves – your six-month domiciliary status is sufficient to establish jurisdiction for both parties. However, there may be limits on the actions the Texas court can take in your case.
3. How do I prove I’ve met the 90-day county residency requirement?
Documentation is key to proving residency. Gather utility bills, lease agreements, mortgage statements, voter registration cards, employment records, or any official documents showing your Gillespie County address and dates. This proof may be essential if your residency is challenged by your spouse.
4. Does time spent traveling for work count against my residency requirement?
Temporary absences for work travel typically don’t interrupt your residency as long as you maintain your permanent home in Texas and Gillespie County. The key is your intent to remain – if you’re traveling but maintaining your residence, paying bills, and intending to return, you’re still accumulating residency time. However, extended assignments might require legal analysis of your specific situation.
5. What happens if I file before meeting the 90-day requirement?
Filing prematurely can result in your case being dismissed for lack of jurisdiction or abated, and you may lose your filing fee. The court cannot proceed with a divorce case without proper jurisdiction. It’s better to wait until you clearly meet both the six-month and 90-day requirements than to file early and face dismissal, which could delay your divorce and increase costs.
Work with a Trusted Divorce Lawyer
Navigating Texas’s residency requirements for divorce can be complex, especially when dealing with special circumstances like military service, recent relocations, or multi-state situations. A knowledgeable attorney can review your specific situation, help you calculate your residency timeline accurately, and ensure your petition is filed properly when you meet all requirements. They can also advise on strategies if you’re close to meeting requirements or if special provisions might apply to your case. Beyond residency issues, an experienced divorce lawyer guides you through property division, child custody, and support matters while protecting your interests throughout the process. Taking the time to confirm your residency status and work with qualified legal counsel sets the foundation for a smoother divorce process in Gillespie County.
Thinking about starting your divorce journey in Fredericksburg? Let Lackey Law help you seamlessly manage Texas’s residency requirements. Reach out today by dialing 888-705-0307 or contact us to set the wheels in motion.
