Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE
Texas Codes

Tex. Fam. Code § 6.301 (2026)

General Residency Rule For Divorce Suit

✓ current as of May 2026
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Sec. 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. 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:

(1) a domiciliary of this state for the preceding six-month period; and

(2) a resident of the county in which the suit is filed for the preceding 90-day period.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Notes of Decisions
Cited in 80 cases (13 in the last 5 years), 1998–2026 · leading case: Barnard v. Barnard, 133 S.W.3d 782 (Tex. App. 2004).
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Barnard v. Barnard, 133 S.W.3d 782 (Tex. App. 2004). · cites it 4× “In four points, appellant complains that the trial court erred because it (1) did not have a basis upon which to exercise jurisdiction or venue under Texas Family Code section 6.301; (2) abused its discretion in finding that appellant was guilty of cruel treatment when no…”
In re Milton, 420 S.W.3d 245 (Tex. App. 2013). · cites it 8× “Tex. Fam.Code Ann. § 6.301 (West 2006). This section is not jurisdictional, but it controls a petitioner’s right to sue for a divorce; it is a mandatory requirement that cannot be waived.”
Powell v. Stover, 165 S.W.3d 322 (Tex. 2005). · cites it 2× “preceding the filing of this suit [or] a resident of [Hardin] County for ninety days preceding this suit,” as required by the Texas Family Code. Tex. Fam.Code § 6.301.”
Dawson-Austin v. Austin, 968 S.W.2d 319 (Tex. 1998). · cites it 2× “Austin filed for divorce in Texas on September 10, the first day he could do so under Texas law, TEX. FAM.CODE § 6.301 (formerly TEX. FAM.”
Stallworth v. Stallworth, 201 S.W.3d 338 (Tex. App. 2006). “Tex. Fam.Code ANN. § 6.301 (Vernon 2006).”
Vickery v. Comm'n for Lawyer Discipline, 5 S.W.3d 241 (Tex. App. 1999). “unless at the time suit is filed either the petitioner or respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) and a resident of the county in which the suit is filed for the preceding 90-day period.”
Narvaez v. Maldonado, 127 S.W.3d 313 (Tex. App. 2004). “See Tex. Fam.Code Ann. § 6.301 (West 1998); see also Reynolds v.”
In Re the Marriage Marsalis, 338 S.W.3d 131 (Tex. App. 2011). · cites it 2× “Having found jurisdiction in the trial court in Texas, where the first action was filed, we may not simply "throw it back to Louisiana." I concur in the judgment.”
Benard v. Humble, 990 S.W.2d 929 (Tex. App. 1999). · cites it 2× “Judge Dean, in attempting to give liberal protection to the single-family residential purpose provisions, considered TEX. FAM.CODE ANN. § 6.301 (Vernon 1998), which requires ninety days to establish residency for the purposes of filing a divorce action.”
Griffith v. Griffith, 341 S.W.3d 43 (Tex. App. 2011). “Tex. Fam.Code Ann. § 6.301 (West 2006). Kenneth claims that the evidence supports a finding that Martha travelled between Texas and Florida for most of 2008.”
Reynolds v. Reynolds, 86 S.W.3d 272 (Tex. App. 2002). “Tex. Fam.Code Ann. § 6.301 (West 1998). Section 6.”
Barry v. Barry, 193 S.W.3d 72 (Tex. App. 2006). “Tex. Fam.Code Ann. § 6.301 (Vernon 1998).”
Show all 80 citing cases →
— Tex. Fam. Code § 6.301(2) — 1 case
Ziaunnisa K. Lodhi v. Shah A. Haque (Tex. App. 2019).
— Tex. Fam. Code § 6.301(a) — 1 case
Winnie Stacey Alwazzan v. Isa Ali Alwazzan (Tex. App. 2018).
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