Filing for divorce is not only a legal process, it is a personal turning point. Whether you are ending a short marriage or navigating a High-Net-Worth Divorce, knowing where and how to file in Texas can protect your rights, your future, and your financial stability.
In 2025, Texas courts continue to follow strict residence rules, jurisdiction guidelines, and property division laws outlined in the Texas Family Code. This article walks you through every stage in simple language, explains the statutes that affect your case, and provides real examples so you know exactly what to expect.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Basic Residency Requirements
According to Texas Family Code § 6.301, before filing for divorce, either spouse must:
- Have lived in the State of Texas for at least six months, and
- Have lived in the county of filing for at least 90 days.
Example:
If you moved to Tarrant County four months ago from another state, but your spouse has lived in Dallas County for years, you can file in either county depending on where the marriage was primarily based and where residency requirements are satisfied.
Choosing the Right Texas County
Your divorce must be filed in a district court in the county where either you or your spouse meets the residency requirement. This decision impacts:
- Court timelines
- How judges handle property issues
- Spousal support outcomes
Filing in Tarrant County
Residents of Fort Worth and surrounding areas will file with the Tarrant County District Court. Choosing a divorce attorney in Fort Worth or a DFW divorce attorney is important to ensure your case follows local court customs and judge expectations. Some Texas counties process cases faster than others based on docket volume.
Contested vs. Uncontested Divorce – Why It Matters for Filing
A divorce may be filed as either an uncontested divorce (both parties agree on all terms) or a contested divorce (spouses disagree on issues such as children, property, or spousal maintenance).
- Uncontested divorce: Often simpler and faster. You may even qualify under Texas Family Code for a shortened waiting period if domestic violence or abandonment is involved.
- Contested divorce: Requires hearings, mediation, or trial. Filing location becomes even more important because the courtroom where your case is heard will influence rulings on child custody, spousal support, and divorce asset split decisions.
Texas Family Code: Key Statutes That Impact Where You File
Residency and Jurisdiction
- Texas Family Code § 6.301: Establishes residency rules.
- Texas Family Code § 6.308: Allows Texas courts to exercise jurisdiction even if one spouse lives out of state, provided sufficient ties to Texas exist. This is common in military divorces and cases where one spouse is stationed elsewhere.
Waiting Period
- Texas Family Code § 6.702: Most divorces require a 60-day waiting period after filing before the court can grant a decree. This applies regardless of where you file unless an exception, such as domestic violence, applies.
Property Division
- Texas Family Code § 7.001 states that the court will divide property in a manner that is “just and right.” This affects both marriage asset division and your long-term financial rights.
Spousal Maintenance
- Texas Family Code § 8.051 allows one spouse to seek maintenance if they lack sufficient property to provide for minimum reasonable needs.
Common Filing Scenarios and How Texas Law Applies
Scenario 1: One Spouse Moves Out of the County
You and your spouse separated, and one moved to Dallas County while the other stayed in Fort Worth. Under Texas Family Code, either spouse may file in the county where they meet the 90-day residency rule. Filing in Fort Worth may make sense if you want your case handled by a judge familiar with marriage asset division in Tarrant County.
Scenario 2: Military Family
You are eligible to file in Texas if Texas remains your home of record, even if you are deployed out of state or overseas. Texas Family Code respects the domicile of military families and protects their right to file in Texas.
Scenario 3: High-Asset or Business Ownership
If you own real estate, businesses, or retirement accounts, filing in the correct county can heavily influence your divorce asset split. Choosing a family law attorney in texas experienced in High Net Worth Divorce is essential.
Do You Have to File Where You Got Married?
No. Texas does not require you to file in the county where you got married. You must file where you currently live or where your spouse lives and meets the residency requirement.
How to File for Divorce in Texas in 2025 (Step-by-Step)
- Determine Your County
Identify where you meet the residency requirement.
- Hire the Right Attorney
Working with a divorce attorney Fort Worth or a DFW divorce attorney ensures your paperwork, deadlines, and county rules are properly followed.
- File the Original Petition
Your attorney files a petition with the district court to initiate the divorce process.
- Serve Your Spouse
Required unless filing jointly.
- Temporary Orders
If you need immediate orders related to children, support, or property, the court may issue them soon after filing.
- Mediation or Trial
Your attorney helps determine if negotiation or litigation is the best path, especially in a contested divorce.
How the Court Determines Property Division
Texas is a community property state, meaning assets acquired during marriage belong to both spouses. Under Texas Family Code § 7.002, the court will:
- Consider the fault in breakup
- Evaluate the needs of each spouse
- Protect children’s best interests
Why Filing Location Can Impact Your Future
Courts in different Texas counties handle cases differently. Judges have discretion when dividing community property or awarding spousal maintenance. Filing in a county with experienced family courts and access to quality Divorce assistance can strongly influence your outcome.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
When deciding where to file for divorce in Texas in 2025, your choice is more than procedural; it is strategic. Whether you are going through a contested divorce, concerned about marriage asset division, or managing a High-Net-Worth Divorce, having the right legal team matters.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
