• Oct.29.2025
  • FAQ

If you’re wondering “When can I file for divorce?” under Texas law, the answer depends on meeting specific residency requirements. To start a divorce in Houston, at least one spouse must have lived in the state of Texas for a minimum of six months before filing. Additionally, that same spouse must have lived in the county where the divorce is being filed—such as Harris County—for at least 90 days.

Understanding when you can file for divorce is crucial because it determines whether the court has jurisdiction to hear your case. If you or your spouse haven’t yet met these residency rules, you’ll need to wait until you qualify. Once you meet the requirements, you can file an Original Petition for Divorce in the appropriate county court to begin the legal process.

If you’re unsure whether you qualify or need help understanding Texas residency laws, speaking with a Houston divorce attorney can help you take the next step confidently and correctly.

Angela Stout

Angela A. Stout was admitted to the State Bar of Texas in 2007. Ms. Stout has practiced law since 2007, with an emphasis in representing clients in family law matters. She earned her Juris Doctorate degree from South Texas College of Law in May of 2007. Ms. Stout became Board Certified in Family Law by the Texas Board of Legal Specialization in December of 2015. The Texas Board of Legal Specialization is a specialized group of attorneys that must obtain exceptional experience in a specific area of law, pass a comprehensive exam, and complete ongoing continuing legal education in that specialized area. Additionally, Ms. Stout is certified as a mediator by the A.A. White Dispute Resolution Center.

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