Family Code · §6.301

Marriage & Divorce

Marriage & Divorce is covered under §6.301 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Texas domiciliary 6 months; County resident 90 days; Either spouse satisfies.

Elements you must prove

  • Texas domiciliary 6 months
  • County resident 90 days
  • Either spouse satisfies

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Worked examples

Worked example 1

Under Tex. Fam. Code §6.301, residency requirement to file a divorce in Texas is:

  1. 30 days
  2. Either spouse has been a domiciliary of Texas for the preceding 6 months and a resident of the county of filing for the preceding 90 days Correct
  3. 1 year
  4. 5 years
Why: 6 months Texas residency + 90 days county residency to file divorce. Officers occasionally interact with newly-served parties; understanding the basic timeline helps when serving documents or de-escalating disputes.
Statute: Tex. Fam. Code §6.301

Statutory definitions for this topic

Texas residency for divorce Tex. Fam. Code §6.301
Either spouse must have been a domiciliary of Texas for the preceding 6 months and a resident of the county of filing for the preceding 90 days.