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Residency affects where divorce petition is ultimately filed

On Behalf of | Sep 21, 2017 | Divorce |

Deciding to get divorced can be an emotionally and financially challenging decision. However, it can also be complex to address from a legal standpoint. An important consideration when filing for divorce in Texas is that one must reside in the state in order to file for divorce here.

Nearly all states require divorce petitioners, or those who are filing for divorce, to be residents of the states in which they would like to file divorce papers. In Texas, they must have lived in the state for a minimum of six months, or 180 days, before filing. In addition, when going through the filing process, they must provide proof that they lived in the state for the mandatory period of time.

The court that handles a couple’s initial divorce settlement will maintain jurisdiction over any other residual divorce issue. Such issues may include child custody and child support along with any necessary amendments to such arrangements. This is why filing in one’s home state is beneficial; it prevents the cost and hassle of having to travel somewhere else for every single court proceeding. Thus, those who are separated from their spouses and are living in separate states may want to file for divorce in their own states first before their spouses move forward with filing in their states.

After filing for divorce, important next steps include gathering the necessary information for making decisions about asset division and spousal support, for example. Although dealing with such matters can be confusing, an attorney can help with making educated decisions that will be personally beneficial in the end. The attorney will also strive to make sure that one’s rights remain protected during every state of the divorce proceeding.

Source:, “Divorce Residency FAQ’s“, Accessed on Sept. 20, 2017