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RobertJDFL, Attorney
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does a divorce have to be filed in the county of residence?

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does a divorce have to be filed in the county of residence? or just the state of residence?
Thank you for your question.

The Texas Family Code Section 6.301 sets out the general requirements for filing a divorce in Texas. In order to maintain a suit in Texas, either the person filing the divorce OR the person being sued for divorce must have resided in the State of Texas for six (6) months and in the county where the divorce is filed for ninety (90) days prior to the date the divorce is filed.

So, you can't file in any county, just one where either spouse has lived for at least 90 days prior to the filing.

So, for example, let's say a couple splits up. Husband moves to "County A", and wife remains in "County B" in their marital residence. After 90 days has passed, it becomes clear that they are going to divorce. Husband decides to file. He may file in County A, where he lives (since he's been a resident for 90 days) or County B (because his wife has been a resident of that county for at leats 90 days).
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