In order to file a divorce case in Texas, certain residency requirements must be met. First, a party must be a domiciliary of the state for the preceding 6-month period. A domiciliary of the state means a person that primarily lives in that state.

The second requirement is that a party must be a resident of the county in which the suit is filed for the preceding 90-day period. However, a spouse that does not live in the state may file a case against a spouse that does live in the state, as long as that spouse meets both of the requirements stated above.