Different states have very different divorce laws. States like Texas are community property states, for example, where assets are supposed to be divided evenly. But many other states use equitable property division, meaning that the court gets to determine what is fair. Plus, there can be very big differences when it comes to child custody arrangements.
As such, states do not want people to move right before filing for a divorce just so that they can find a location with divorce laws they believe are more favorable. They have set up residency requirements. People are not always required to go back to the state where they got married in order to get divorced, but they do need to live in their new state for a set amount of time before they can file.
Six months after the move
In Texas, you have to live in the state for at least six months prior to a divorce petition. Additionally, if you move between counties within Texas, you need to live in your current county for 90 days – or roughly 3 months.
For those who are natives of Texas, this requirement may have very little impact on their divorce case. They may have lived in Texas the entire time, and they’ve been living in the same house for years. There’s nothing to worry about and they can file for divorce whenever they want.
But people frequently move in the modern world, often changing states for job offers, school opportunities or a better cost of living. People who are moving to Texas do need to understand these residency requirements, as they could delay a potential divorce. Couples who are splitting up should take the time to carefully consider their legal options.
