Military and Texas Residency Requirements for Divorce

Divorce is a matter of state law. In Texas, when you file for divorce, you have to ensure that you qualify to invoke the jurisdiction of that court.

Texas law requires two things. First, you must be a Texas resident for at least six months before you file your divorce petition. Second, you must be a resident of the county where you file your divorce for at least 90 days.

Being in the military does not change this requirement. However, any time during which you are stationed at a military base in Texas counts toward the six month residency requirement. Any time that you are deployed will not be subtracted from that calculation.

However, you must be stationed within the county in which you seek divorce for at least 90 days in order to meet that requirement.

There are certain instances in which a person who does not meet the residency requirement can file for divorce in Texas. For example, if the wife lives outside of Texas but the husband has been stationed at Fort Bliss in El Paso, Texas for at least six months, the wife could possibly file for divorce in El Paso County, Texas.

Just because a court in El Paso, Texas acquires jurisdiction over a divorce proceeding does not necessarily mean that it has jurisdiction over a suit affecting the parent-child relationship--or even the ability to divide marital property. You should seek legal counsel on any issues regarding jurisdiction of the divorce courts in Texas.

Jim K. Jopling
Attorney at Law
747 East San Antonio, Suite 103
El Paso, Texas 79912

(915) 541-6099

Toll Free Facsimile:
(866) 864-6854