Where you live can have a significant impact on how your divorce unfolds in Texas. Texas residency requirements determine whether you can file for divorce in the state and can influence important aspects of the divorce process.
Understanding these rules is crucial for anyone going through a divorce in Texas.
Residency requirements for filing
In Texas, at least one spouse must meet residency requirements to file for divorce. One spouse must have lived in Texas for at least six months before filing. Additionally, they must have resided in the county where they plan to file for at least 90 days. These rules ensure that Texas courts have the authority to handle the divorce.
Impact on property division
Residency can also impact property division during a divorce. Texas is a community property state, meaning that most property acquired during the marriage is jointly owned. However, where each spouse resides can affect how assets are categorized and divided, especially in high-asset divorces involving multiple properties or businesses across different states.
Child custody considerations
Place of residency can also affect child custody decisions. Texas courts generally prefer that children remain in a stable environment. If one spouse moves out of state or far from the family home, it can impact custody arrangements. When making custody decisions, the court will consider the best interests of the child, including stability and continuity in their living situation
Navigating residency issues in a Texas divorce
Place of residency plays a critical role in determining how a divorce proceeds in Texas. Ensuring that residency requirements are met and understanding how living arrangements affect property division and custody can make a significant difference in the outcome.