Question:
If a person marries in another state and later moves to Texas, can they file for divorce in Texas?
Answer:
Yes. While Texas Family Code § 1.103 states that Texas law applies to persons married elsewhere who are domiciled in this state, there are specific residency requirements for filing for divorce. According to Texas Family Code § 6.301, a suit for divorce may not be maintained in this state unless at the time the suit is filed, either the petitioner or the respondent has been a domiciliary of this state for the preceding six-month period and a resident of the county in which the suit is filed for the preceding 90-day period. Once these residency requirements are met, Texas courts have jurisdiction to grant a divorce, regardless of where the marriage was originally established.