Texas Codes
Tex. Fam. Code § 6.301 (2026)
General Residency Rule For Divorce Suit
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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.—Fort Worth 2004).
Barnard v. Barnard, 133 S.W.3d 782 (Tex. App.—Fort Worth 2004). “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.—Houston [1st Dist.] 2013). “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). “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). “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.—Dallas 2006). “Tex. Fam.Code ANN. § 6.301 (Vernon 2006).”
Vickery v. Comm'n for Lawyer Discipline, 5 S.W.3d 241 (Tex. App.—Houston [14th Dist.] 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.—Austin 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.—Texarkana 2011). “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.—Beaumont 1999). “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.—San Antonio 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.—Austin 2002). “Tex. Fam.Code Ann. § 6.301 (West 1998). Section 6.”
Barry v. Barry, 193 S.W.3d 72 (Tex. App.—Houston [1st Dist.] 2006). “Tex. Fam.Code Ann. § 6.301 (Vernon 1998).”
Tex. Fam. Code § 6.301(2): 1 case
Ziaunnisa K. Lodhi v. Shah A. Haque, No. 04-18-00917-CV (Tex. App.—San Antonio Nov. 6, 2019).
Tex. Fam. Code § 6.301(a): 1 case
Winnie Stacey Alwazzan v. Isa Ali Alwazzan, 596 S.W.3d 789 (Tex. App.—Houston [1st Dist.] 2018).
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