Residency Requirements for a Texas Divorce

Understanding Residency Rules in Texas Divorce Cases

One of the most common questions individuals ask when considering divorce in Texas is: How long do I have to live in Texas to file for divorce? The second most common question is: Once the divorce is finalized, am I required to stay in Texas?

The answer to the first question is straightforward—Texas law has clear residency requirements for filing for divorce. However, the second question regarding post-divorce geographic restrictions can become complicated, especially when children are involved.

This guide explains the residency requirements for filing a Texas divorce, explores geographic restrictions that may apply after divorce, and offers legal insights for individuals considering relocation.

Residency Requirements for Filing for Divorce in Texas

To file for divorce in Texas, at least one spouse must meet the following residency criteria:

• Domicile Requirement: One spouse must have been a domiciliary of Texas for at least six months before filing for divorce.
• County Requirement: The filing spouse must have physically resided in the county where the divorce is filed for at least 90 days.

What Does It Mean to Be a Domiciliary of Texas?

A domiciliary means you live in Texas with the intention of making it your fixed and permanent home. This requirement ensures that individuals cannot establish temporary residency solely for the purpose of filing for divorce.

If you meet these residency criteria, you can file for divorce in Texas—even if your spouse lives in another state.

Geographic Restrictions After a Texas Divorce

Once a divorce is finalized, individuals often wonder if they are legally required to stay in Texas. The answer depends on whether children are involved.

Scenario 1: No Children Involved

If no children are involved in the divorce, you are free to move anywhere once the divorce is finalized. There are no residency restrictions imposed on adults without minor children.

Scenario 2: Divorce with Minor Children

If minor children are involved, Texas courts often impose geographic restrictions to maintain a strong parent-child relationship. While the court cannot restrict where a parent lives, it can limit where the child resides, thereby affecting the custodial parent.

Understanding Residency Restrictions for Parents with Custody

Texas law prioritizes the child’s well-being and frequent contact with both parents. As a result, the court may impose a geographic restriction on where the child can live to ensure they remain close to the non-custodial parent.

How Large Can a Geographic Restriction Be?

The court has discretion over the size of the geographic restriction, which may range from:

• A specific neighborhood or school district
• A single county
• Multiple contiguous counties (counties that touch the one where the divorce was filed)
• The entire state of Texas

Example: In Harris County (Houston), courts often impose restrictions limiting the child’s residence to Harris County and contiguous counties by default. However, these restrictions can be challenged with proper evidence.

How to Ensure a Geographic Restriction Is Imposed

If you are the non-custodial parent and want to keep your child nearby, staying actively involved in their life is crucial. Courts consider parental involvement when determining whether to impose a residency restriction.

To increase the chances of the court enforcing a residency restriction, you should:

• Exercise consistent visitation rights
• Attend your child’s extracurricular activities
• Participate in parent-teacher conferences
• Take your child to medical appointments

How to Remove a Residency Restriction in Texas

If a custodial parent wants to relocate, they must petition the court to lift the residency restriction. The court will consider the non-custodial parent’s level of involvement when making its decision.

If the non-custodial parent is not actively involved, and the custodial parent has a valid reason for moving (e.g., a job offer, better educational opportunities, or family support), the court may lift the restriction.

Legal Considerations for Parents Wanting to Relocate

Steps to Take If You Need to Relocate with Your Child

If you are a custodial parent and wish to relocate outside the court-ordered geographic restriction, you must take the following steps:

1. File a Modification Request: Petition the court for a modification of the existing custody order.
2. Prove the Move is in the Child’s Best Interest: Provide evidence that the relocation benefits the child (e.g., better schooling, healthcare, or family support).
3. Prepare for a Custody Hearing: The non-custodial parent may challenge the request. A judge will evaluate whether the relocation is justified.

Consequences of Violating a Residency Restriction

If a parent moves without court approval, they risk being held in contempt of court, which could lead to:

• Fines
• Jail time
• Modification of custody rights

Always seek legal advice before attempting to relocate with your child.

Frequently Asked Questions About Texas Divorce Residency Requirements

Q: Can I File for Divorce in Texas if My Spouse Lives in Another State?

• Yes, as long as you meet Texas residency requirements (6 months in Texas, 90 days in the county of filing).

Q: Can I Move to Another State After My Divorce?

• If no children are involved, you are free to move anywhere.
• If children are involved, the court may impose geographic restrictions to ensure the child maintains a relationship with the other parent.

Q: What Happens if I Violate a Residency Restriction?

• Moving without court approval can lead to legal consequences, including modification of custody or contempt of court charges.