What are the residency requirements for filing for divorce?
In Texas, in order to file for a divorce, either the petitioner (the person who is filing for the divorce) or the respondent (the person who responds to the divorce petition) needs to have been a resident of the state for the past six months and of the county for the past 90 days. This residency requirement applies to all married couples who are looking to divorce, regardless of if they are filing a contested divorce or an uncontested divorce. For a divorce to be filed at the county level, either the petitioner or respondent must live in the county in which they are filing. In order to file for a divorce in another county, the filing party must first receive permission from the court in which the divorce is to be filed. This is only the case if the petitioner and respondent live in different counties. In addition to the residency requirements for the petitioner and respondent, a divorce can only be filed in a state or county in which the marriage was legally entered into; this means that a divorce can only be filed in the state or county in which the marriage was validly performed. If the marriage was performed in a different state or county than the divorce is to be filed, the filing party must first obtain permission to file for a divorce in that state or county. If all these residency requirements are not met, the divorce may be denied or the court may refuse to exercise its jurisdiction over the action. It is important to be aware of these residency requirements in order to ensure that a divorce is filed in the correct state and county.
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