When can I file for divorce in Texas?

You can file for divorce as soon as either you or your spouse meets the residency requirements of the state and county that you plan on filing in. More specifically 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.

Second, 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.