07 Oct Residency Requirements Checklist: Where to File Your Divorce in Wise vs. Denton County
Before you file for divorce in Texas, it’s important to make sure you’re filing in the right place. Texas law sets clear residency rules that determine where your case should be filed. Understanding these rules can help you avoid delays and make the process smoother from the start.
Texas Residency and County Requirements
To file for divorce in Texas, either spouse must have:
#1. Lived in Texas for the past six months, and
#2. Lived in the county where the case is filed for the past 90 days.
You don’t both have to meet these requirements. If one spouse lives in Denton County and the other meets the 90-day rule in Wise County, you can file in either county. This flexibility helps when spouses live apart.
What Happens if You File in the Wrong County
If a divorce is filed in the wrong county, the other party can file a motion to transfer venue under Texas rules. If the judge grants it, the case will be transferred to the correct county. This is different from “pausing” the case — the court transfers it to where it legally belongs.
Getting it right from the start saves time and legal fees, so it’s worth double-checking your residency before you file.
Military and Public Service Exceptions
Texas has special rules for military members and people on qualifying public service assignments:
#1. If you’re a Texas resident who’s temporarily away on public service or military duty, that time still counts toward your Texas and county residency.
#2. If you’re a nonresident service member stationed in Texas, you are considered domiciled in Texas after six months of service, and a resident of a Texas county after 90 days stationed there.
These exceptions make it possible to file in Texas even if you’ve been physically away for part of that time.
Proving Residency
When filing for divorce, it’s common to provide documents that show your residency. You don’t need every item on the list, but a few that cover the last 90 days can help:
#1. Texas driver’s license or state ID
#2. Voter registration card
#3. Lease agreement or mortgage statement
#4. Utility bills
#5. Pay stubs or bank statements showing your local address
Courts typically accept a variety of records, so choose the ones that are easiest to provide.
A Quick Note About County Differences
Denton County serves a larger population centered on cities like Denton and parts of the Dallas–Fort Worth area. Wise County serves a smaller population with courts in Decatur and the surrounding communities. Each county has its own court procedures and scheduling practices, so the experience may vary slightly depending on where you file. The residency rules, however, are the same statewide.
Filing for divorce in the correct county ensures your case starts on the right foot. If you or your spouse have ties to different counties, take time to review your residency history before you file.
For families in Wise and Denton Counties, our team regularly assists spouses in navigating Texas residency and venue rules, enabling the legal process to proceed without unnecessary delays.