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Residency Requirements To File For Divorce In Austin, TX

Before you can file for divorce in Austin, you’ll need to meet Texas’s residency rules. These rules decide whether the Travis County courts have the authority to hear your case. While the legal language may seem technical, the requirements are straightforward: you must have lived in Texas long enough, and in Travis County specifically, before filing.

Quick Answer: To file for divorce in Austin (Travis County), one spouse must have lived in Texas for at least 6 months and in Travis County for at least 90 days before filing.

Texas Residency Rules Explained

Texas law requires that at least one spouse has lived in the state for the six months immediately before filing. In addition, at least one spouse must have lived in the county where the case is filed for ninety days. In Austin, that means Travis County.

Residency isn’t just about where you sleep at night. Courts also consider whether Texas is your “domicile,” which involves your intent to make Texas your permanent home. Having a Texas driver’s license, registering to vote, or paying utilities in Austin are all common ways to show residency.

Texas Law: Residency requirements are found in the Texas Family Code § 6.301. It requires six months of state residency and ninety days of county residency before filing for divorce.

How These Rules Apply In Austin

If you meet the residency timeline, you can file in Travis County even if your spouse now lives somewhere else. Likewise, if your spouse has lived in Texas and Travis County long enough, you may file based on their residency.

All divorce petitions in Austin are filed with the Travis County District Clerk’s Office, which manages family law filings. Filing fees and procedures can be checked directly with the clerk’s office before you begin.

Special Circumstances

Some situations create exceptions to the general residency requirements. For example, military families often move due to orders. Texas law allows time spent outside the state on military duty to count toward residency. This applies both to the service member and the spouse who accompanies them.

You may also file for divorce in Texas if your spouse lives out of state, so long as you satisfy residency requirements yourself. However, when it comes to issues like child custody or spousal support, the court may need to establish jurisdiction over your spouse before making certain orders.

What If You File Too Early?

Filing before you’ve met residency rules can cause problems. Courts may pause the case until the residency requirement is met, which delays the process. In some cases, the court may dismiss the petition entirely if neither spouse qualifies.

Common Mistake: Filing before meeting residency requirements can cause delays. Courts may pause your case until the requirement is met, or dismiss it if neither spouse qualifies.

Other Timelines To Keep In Mind

Meeting residency rules is just the beginning. Texas law also requires most couples to wait sixty days after filing before the court can finalize a divorce. This “cooling off” period gives couples time to reconsider or resolve issues. Exceptions exist, such as in cases involving family violence.

Frequently Asked Questions

FAQ: Can I file for divorce if my spouse lives in another state?
Yes. If you meet Texas’ residency requirements, you can file in Travis County even if your spouse lives elsewhere. However, certain orders (like child custody or support) may require the court to also have jurisdiction over your spouse.
FAQ: Does military service outside Texas count toward residency?
Yes. Time spent outside the state due to military orders often counts toward both the six-month state residency and the 90-day county residency requirements, as long as Texas remains your domicile.
FAQ: What happens if I don’t meet the residency requirement yet?
If you file too early, the court may pause (abate) your case until the requirement is met. In some cases, if neither spouse qualifies, the petition may be dismissed.
FAQ: Can both spouses live in different counties and still file in Austin?
Yes, if one spouse has lived in Travis County for at least 90 days and in Texas for six months. The filing spouse does not need to be the one who meets both requirements.
FAQ: What documents can prove residency in Austin?
Courts may accept driver’s licenses, voter registration, utility bills, leases, mortgages, or tax returns showing an Austin address as proof of residency.
FAQ: Do children have to meet residency requirements too?
No, but custody issues are subject to separate rules under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Generally, Texas must be the child’s home state for at least six months before custody orders can be made.

How Modern Family Law Can Help

Meeting Texas’s residency requirements is the first step toward starting your divorce in Austin. While the rules may sound simple, six months in the state and ninety days in Travis County, special circumstances like military service, out-of-state spouses, or child custody issues can make things more complicated. Filing too early or without the right documentation could delay your case.

At Modern Family Law, our Austin attorneys understand the unique requirements of Travis County divorces. We guide clients through every step of the process, from confirming eligibility to filing paperwork and addressing custody or property concerns. Whether your situation is straightforward or involves more complex issues, we are here to provide clarity, support, and strong legal advocacy.

If you’re ready to take the next step or have questions about your eligibility, contact our Austin office today. We’ll help you move forward with confidence.

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By: MFL Team

Posted September 23, 2025

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Austin divorce requirements divorce lawyers

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