Filing for Divorce: Where Can I File?

In most circumstances, a party should file a suit in their county of residence. However, there are important exceptions to this principle. This blog explores some factors to consider when determining an appropriate venue for your case. 

Residency

An essential prerequisite in the filing process is the identification of residency, or the counties in which each party lives. The Texas Family Code further clarifies that a party must demonstrate at least six months of domicile and ninety days of residency in a county before its courts will accept his petition for divorce. 

Acquiring Jurisdiction Over a Non-Resident Respondent

Texas courts may exercise personal jurisdiction over an out-of-state party if,

1. their marriage occurred in Texas, and
2. the corresponding suit is filed before the second anniversary of separation. 

Once a Texas court establishes personal jurisdiction, it receives authority to issue binding orders. Additionally, an out-of-state party may file for divorce in the domiciliary county of their spouse. Finally, a Texas court may gain personal jurisdiction over an out-of-state respondent if,

1. the last marital residence was located in a Texas county and the suit is filed before the second anniversary of separation, or
2. there is any other basis consistent with the Texas constitution and the United States.

Filing for divorce isn’t easy for anyone, be sure to contact an experienced family law firm to better prepare yourself.

Watch our short video, Which County Should You File Your Divorce