Residency Requirements in Texas for Divorce

UPDATED: Sep 30, 2022

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Residency Requirements in Texas for Divorce

I have lived in Galveston County for 2 years. My husband threw me out and I had
to stay with relatives in another county for about a month. I have moved back to
Galveston County this month. Do I have to wait 90 days to file for divorce since
I was out of the county for a month, or can I file now?

Asked on May 12, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Maybe.... if you were living in Galveston County and you obtained temporary housing in another county, then you could argue that your absence was temporary.  However, you are subject to a motion to dismiss or abate if you do so. 
If your husband has still been living in Galveston County, you can still file in Galveston County and allege that he has lived in the county for 90 days.  You are not required to file solely on your residency.... you can filed based on his residency too.  This means that you do not have to be back in the county to safely file without risk of an objection.

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