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At the time you file for divorce, either you or your spouse must have been living in Texas for the preceding six-month period. This does not mean you have to have been married in Texas, but only that you or your spouse has resided in Texas for the required period of time.  You can still file for divorce in Texas if one of the spouses lives out of state. The requirement only states that one of the spouses has lived in Texas for the required six months. If neither you or your spouse has lived in Texas for the required six months, you will be required to get a divorce elsewhere, or wait to get divorced in Texas until you meet the residency requirements. In Texas there are seven valid grounds for getting a divorce. If you decide to get a divorce in Texas, you will have to claim one of these reasons for doing so. Each individual reason is discussed below. Insupportability is the only valid ground for divorce that does not place blame on you or your spouse for the divorce.   Insupportability. This is the only ground for divorce where no fault is placed on you or your spouse. By claiming this reason, you are saying there are differences in the marriage that simply cannot be overcome.   Cruelty. This exists when you are being treated cruelly and it has gotten to the point that it is no longer feasible to live together given the situation. Examples of cruelty include physical attacks, constant displays of rage, publicly flaunting another relationship, and staying away from the house often without explanation.   Adultery. Adultery occurs when your spouse cheats on you.   Conviction of a felony. When your spouse has committed a felony and they have been in prison for one year or more (and have not been pardoned), that constitutes a conviction and becomes a valid ground for divorce. However, this is not a valid ground for divorce if your testimony is what caused your spouse to be convicted of the felony.   Abandonment. When your spouse has left you for a period of a year or longer and has no intention of coming back, this becomes a valid ground for divorce.   Living apart. When you and your spouse have been living apart, with no cohabitation, for a period of three years or longer, you can claim this ground when filing for a divorce.   Confinement in a mental hospital. At the time you file for a divorce, if your spouse has been confined in a mental hospital for at least three years and it appears the mental disorder will not get better, you can claim this ground. When you file a petition for divorce, you must do so in a court of law in the county you or your spouse has been a resident of for at least 90 days. This county is where all of your filings, hearings, and other court appearances will take place. If you and your spouse have not lived in your county for the required 90 day period, you will be required to wait to file for divorce until one of you meets this requirement.
Meet the residency requirement. Have valid grounds for a divorce. Find out what county you need to file your petition in.