25 April 2023

A Guide to Filing for Divorce as a Nonresident Spouse in Texas

Divorce is a challenging journey, and when the parties involved are in different states, it adds a layer of complexity. In Texas, there's a provision that allows a nonresident spouse to file for divorce under specific circumstances. Let's delve into the details of this provision and understand the process.


Residency Requirement:


To initiate divorce proceedings in Texas, the law requires that at least one spouse be a domiciliary of the state for the preceding six months. This establishes a connection between the state and the individuals involved, providing a basis for jurisdiction.


Empowering the Nonresident Spouse:


In Texas, divorcing couples are typically required to divide their property according to a set of guidelines known as "separate property." This includes any assets, money, or debts that were acquired before the marriage, as well as any income generated from these assets during the marriage.


Filing Location:


A crucial aspect of this provision is the determination of the filing location. The nonresident spouse is allowed to file the divorce petition in the county where the domiciliary spouse resides within the last 90 days prior to filing.


Ensuring Jurisdictional Integrity:


Jurisdictional rules are in place to prevent forum shopping, where individuals seek out favorable legal environments for their cases. By requiring the nonresident spouse to file in the county of the domiciliary spouse's residence, the law aims to maintain the integrity of the legal process.


Practical Steps for the Nonresident Spouse:


If you find yourself in the position of a nonresident spouse seeking a divorce in Texas, here are some practical steps to consider:

  •  Consult with an Attorney: Seek legal advice to understand the specific implications of your situation and ensure compliance with all legal requirements.

  •  Gather Necessary Documents: Prepare the required documentation for the divorce petition, including information about the marriage, residency, and any relevant agreements.

  •  File in the Correct County: Ensure that the divorce petition is filed in the county where the domiciliary spouse currently resides. This adherence to jurisdictional rules is critical for a smooth legal process.

  •  Communication and Cooperation: Maintain open communication with your legal representation and cooperate with any requests or proceedings to facilitate a more efficient divorce process.




The provision allowing a nonresident spouse to file for divorce in Texas demonstrates the legal system's adaptability to the complexities of modern relationships. By understanding and following the established rules, individuals can navigate the divorce process more effectively, ensuring that the legal proceedings align with the principles of fairness and jurisdictional integrity.


To further understand the legal implications of your divorce, seek the legal assistance of a divorce expert attorney.


We strive to bring clarity, compassion, & resolution to the complexities of familial disputes, ensuring that the voice of every client is heard and their rights protected.

+1 (832) 253-5353


6575 W Loop S Ste 500

Bellaire, Texas 77401