Skip to content 
You’re not the first person to sit at the kitchen table with a cup of coffee, stare out the window, and think, I want a divorce but my spouse doesn’t live in Texas—all in one long, overwhelming breath. Maybe they moved for work, maybe they disappeared without warning, or maybe you’ve just grown apart and they’ve started a new life in another state (or even another country). No matter the reason, you’re here now, trying to figure out if it’s even possible to file for divorce in Texas when the other half of your marriage is somewhere else entirely.
Here’s the good news: Yes, it’s possible. Texas law allows you to file for divorce as long as you meet the residency requirements—even if your spouse is long gone and living elsewhere. But don’t expect a smooth ride without knowing the legal ins and outs. That’s why we’re here.
In this blog, we’ll guide you through exactly what to do if you’re in Texas but your spouse isn’t. We’ll talk about serving divorce papers across state lines, establishing court jurisdiction, how custody and school stability affect your kids, and how you can protect your rights from right here in the Lone Star State. If you’re serious about moving forward—especially if children are involved—this guide is packed with the insights you need and the strategies that work. Keep reading, because your fresh start might be just a few steps away.
Key Takeaways
- To file for divorce in Texas, at least one spouse must meet residency requirements, living in the state for at least six months and in the filing county for 90 days.
- Texas courts can establish jurisdiction over an out-of-state spouse if they have significant past contact with Texas, enabling divorce proceedings despite the spouse’s location.
- Effective asset documentation and legal representation are essential for protecting rights and ensuring a fair division during long-distance divorces.
Your Family’s Future Starts Here
Don’t navigate your legal journey alone. Schedule a consultation now and get the clarity and support you deserve.
Understanding Texas Residency Requirements
Before filing for divorce in Texas, it’s essential to understand and meet the state’s residency requirements. Under Texas Family Code Section 6.301, at least one spouse must have lived in Texas for a continuous six-month period, and the filing spouse must have resided in the county where the petition is being filed for at least 90 days. These jurisdictional rules are not just procedural checkboxes—they’re the legal foundation that allows Texas courts to hear your case.
If you’re thinking, I want a divorce but my spouse doesn’t live in Texas, don’t worry—meeting the residency requirement on your end is enough to begin the process. According to our family law team, once those conditions are satisfied, you can file for divorce in Texas even if your spouse has relocated to another state or country. This provision allows many clients to move forward with confidence, knowing they don’t need their spouse’s physical presence to initiate legal action.
Texas law supports this approach by allowing courts to assert jurisdiction over an out-of-state spouse in certain circumstances, especially if that spouse has had sufficient ties to the state, such as prior residence or property ownership. For more insight into how these cases play out in court, check out our in-depth article on divorce trials in Texas.
Navigating a long-distance divorce can feel overwhelming, but with the right legal guidance, it doesn’t have to be. If you’re ready to take the next step, you may also find our blog post on how to serve divorce papers when your spouse is out of state especially helpful.
At The Law Office of Bryan Fagan, PLLC, we are committed to providing not just legal representation but thoughtful, practical solutions for families facing complex divorce issues. Whether your spouse is across town or across the country, we’re here to help you protect your rights and secure a clear path forward.
Filing for Divorce When Your Spouse Is Out of State
Once you’ve confirmed that you meet the residency requirements outlined in Texas Family Code Section 6.301, the next step in the divorce process is filing your petition with the appropriate court. If you’re in the position of saying, I want a divorce but my spouse doesn’t live in Texas, you’re not alone—and the good news is, Texas law allows you to proceed, even if your spouse resides out of state. While this adds a few extra steps, it’s entirely manageable with the right legal strategy.
According to the attorneys at our firm, one of the most critical parts of this process is properly serving your spouse with divorce papers. This must be done in accordance with Texas Rules of Civil Procedure, and service across state lines must meet both Texas standards and the requirements of the state where your spouse currently resides. Whether you use certified mail, a process server, or need to request substituted service, this step is essential to officially notify your spouse and move the case forward.
Jurisdictional issues also come into play when your spouse lives elsewhere. Texas courts can still exercise authority over the divorce if your spouse has certain ties to the state—like past residency, owning property in Texas, or even agreeing to participate in the proceedings. Understanding these legal nuances helps ensure that your divorce isn’t delayed or dismissed due to technicalities.
For a detailed walkthrough of what happens after filing, take a look at our comprehensive blog post: How Do You Get Divorced in Texas? A Comprehensive Guide.
If you’re also wondering about what happens when you can’t locate your spouse or they refuse to respond, our blog post on default divorce procedures in Texas may answer some of your questions. As our family law team often advises, handling a long-distance divorce doesn’t have to be overwhelming. With experienced legal guidance, you can protect your rights, ensure due process, and move forward with confidence—no matter where your spouse currently lives.
Serving Divorce Papers Across State Lines
You can serve divorce papers to an out-of-state spouse via certified mail or a private process server. Certified mail offers proof of delivery, ensuring your spouse receives the documents. This method is reliable and straightforward for interstate service.
Hiring a private process server can expedite delivering papers to your spouse in another state. Experienced in interstate service, they ensure prompt and accurate delivery. Both methods are effective, and the choice depends on your circumstances and preferences.
Handling Jurisdictional Issues
Jurisdiction is the court’s authority to hear and decide a case, which is crucial when one spouse lives out of state. Texas courts can establish jurisdiction if the out-of-state spouse has significant past contacts with Texas, such as previous residence or business interests, ensuring the court’s legal right to make decisions in your case.
A non-resident spouse may consent to Texas jurisdiction by agreeing to participate in court proceedings, allowing the divorce to move forward without disputes. Understanding jurisdictional issues ensures your case is handled efficiently and fairly.
Protecting Your Rights and Documenting Assets
Protecting your rights and documenting assets are critical in any divorce, especially long-distance. Documenting assets is vital for property division, child custody, and spousal support. Both spouses equally own assets acquired during the marriage, which are subject to division upon divorce. Keeping detailed records of all assets and liabilities is crucial.
You could also become responsible for debts acquired during the marriage. To protect your rights, gather and organize all financial documents, including bank statements, property deeds, and loan agreements. This documentation is invaluable for negotiating settlements and ensuring a fair division of assets.
Working with a Texas Divorce Attorney
Working with an experienced Texas divorce attorney can make all the difference—especially when you’re thinking, I want a divorce but my spouse doesn’t live in Texas. When your case involves an out-of-state spouse, the legal landscape can get complicated quickly. That’s where trusted legal representation becomes more than just helpful—it becomes essential.
According to the attorneys at our firm, hiring a knowledgeable family law attorney ensures that all required documents are prepared and filed correctly, in compliance with Texas Family Code Chapter 6, which governs the grounds and procedures for divorce. Your attorney will guide you through critical steps like meeting jurisdictional requirements, serving your spouse properly, and anticipating challenges that can arise when your spouse is uncooperative or out of reach.
Beyond paperwork, your attorney plays a key role in negotiating settlement terms and crafting a final decree that clearly outlines custody, property division, and support. This level of clarity helps reduce misunderstandings and minimizes the risk of future disputes. For families looking to avoid a contested courtroom battle, professional legal guidance can be the stabilizing force that keeps things on track.
For a step-by-step breakdown of how to begin the process, you can visit our blog post: How to File for Divorce in Texas. You might also find value in our article on child custody during divorce in Texas if you have children and want to make informed decisions that prioritize their well-being. At The Law Office of Bryan Fagan, PLLC, we’re committed to helping individuals protect their rights and build a better future—even when divorce crosses state lines. Let us help you navigate the complexities with confidence, care, and clarity.
Real-Life Examples of Successful Long-Distance Divorces
Real-life experiences often serve as powerful reminders that even the most complicated divorce situations—like those involving long-distance spouses—can be handled successfully. One common scenario we hear is, I want a divorce but my spouse doesn’t live in Texas, and the good news is: it’s entirely possible. As long as you meet the state’s residency requirements under Texas Family Code Section 6.301, you can initiate divorce proceedings in Texas regardless of where your spouse now lives.
Take Jane, for example. After her husband relocated to California, she remained in Texas and met the six-month residency rule. With proper legal support, she was able to move forward confidently, and her case progressed through the Texas courts without delay. In another case, Mark worked with a Texas divorce attorney after his spouse moved to New York. He was guided through the service process using certified mail—one of the legally accepted methods for serving an out-of-state respondent under Texas Rules of Civil Procedure 106—and ultimately reached a fair and efficient resolution.
These stories demonstrate that long-distance divorces are not only possible but also manageable with experienced legal guidance. Understanding what happens after service is also critical to preparing for the next steps. We recommend reading our post on what happens after divorce papers are served in Texas for an overview of what to expect once your spouse has been officially notified.
For additional guidance on the logistics of serving someone who doesn’t live nearby, our blog on serving divorce papers out of state offers more tips and tools to navigate this step with confidence. According to the attorneys at our firm, long-distance divorce cases don’t have to feel overwhelming. With the right plan, a solid legal strategy, and compassionate guidance, you can protect your future—even when your spouse is far from Texas.
Child Custody and Support Considerations
Child custody and child support are paramount in any divorce, with long-distance situations adding complexity. Texas courts can claim jurisdiction if one spouse meets residency requirements, allowing decisions on custody and support.
One mother involved her daughter in relocation discussions, fostering a sense of control during the transition. Parents must also provide updated contact information to each other unless it poses a risk. Legal representation helps protect rights in complex custody and asset division situations.
Notice must be given to the other parent when registering an out-of-state custody order, allowing them to contest. One woman prioritized maintaining a cordial relationship with her ex-husband, believing it essential for their child’s well-being. These examples highlight the importance of thoughtful approaches to custody and support in long-distance divorces.
Alternative Methods for Serving Divorce Papers
When traditional methods of serving papers fail, alternative methods become essential. In Texas, these include email, social media, and publication in a newspaper. To request substituted service, you must submit a motion detailing why standard methods failed.
A judge can order multiple methods for serving papers, ensuring notice is given through approved methods. These alternatives provide flexibility and ensure the divorce process continues, even when serving an out-of-state spouse is challenging.
Diligent Efforts to Locate a Missing Spouse
Before using an alternative method of serving, you must demonstrate diligent efforts to locate your spouse’s missing spouse. This may include checking online databases, contacting acquaintances, and reaching out to government agencies. Evidence of these efforts is crucial for court request permission.
If you cannot locate your spouse, you may hire a private investigator or visit their last known place of employment. You must file an affidavit detailing your efforts to support a request for divorce by publication. The judge reviews your affidavit and decides based on the proof provided.
If the Ad Litem cannot find the missing spouse after due diligence, the court can still grant the divorce if other legal requirements are met. This ensures the process can proceed even if one spouse is missing, provided all reasonable efforts have been made.
Default Divorce Procedures
When someone says, I want a divorce but my spouse doesn’t live in Texas, one of the most common concerns is, “What if they don’t respond?” Fortunately, Texas law provides a clear path forward. Under Texas Family Code Section 6.4035, if your spouse is properly served with divorce papers and fails to respond, the court may proceed with a default judgment in your favor. This means the court can finalize your divorce—even if your spouse chooses not to participate.
To be legally recognized, service must follow Texas rules. If personal service or certified mail isn’t possible, service by publication may be an option—but it requires court approval and evidence of diligent efforts to locate the other party. Once publication is complete and no answer is filed, the judge may grant a default divorce, resolving matters like property division and custody based on your petition and testimony alone.
According to the attorneys at our firm, understanding the process of properly serving your spouse is essential. For a more detailed breakdown of service methods and legal steps, we encourage you to read our blog post on serving your spouse with a petition for divorce.
Additionally, if you’re unsure what happens once service is complete, our guide on the post-service divorce process in Texas provides helpful next steps to prepare for hearings, temporary orders, or final judgments. As our family law team often advises, even when your spouse is unreachable or unwilling to cooperate, you still have legal options. With the right guidance, you can move your case forward and secure the clarity and closure you deserve—right here in Texas.
Finalizing the Divorce Decree
A court hearing is necessary to finalize the divorce and get a divorce, allowing the judge to review requests from both spouses and make final decisions on child custody, spousal support, and property division.
This hearing marks the final step in the process, culminating in the issuance of the divorce decree.
Spousal Support and Maintenance
In Texas, spousal maintenance can be granted under specific conditions, such as a history of family violence or a marriage lasting over 10 years where the requesting spouse lacks sufficient income. The duration of payments varies based on marriage length, with a maximum of five years for marriages under 20 years and up to ten years for marriages over 30 years.
Texas law differentiates between ‘spousal support,’ which is voluntary and agreed upon by both parties, and ‘spousal maintenance,’ which is court-ordered. The amount awarded cannot exceed $5,000 or 20% of the obligor’s gross monthly income, whichever is lower.
Understanding these distinctions and limitations ensures spousal support and maintenance are handled fairly.
Dividing Property and Retirement Benefits
Texas is a community property state, meaning assets acquired during the marriage belong equally to both spouses and are subject to division upon divorce. Keeping inherited assets separate from marital property prevents them from being divided. Creating a trust can safeguard assets during divorce, provided the trust’s assets are treated as separate property.
Dividing retirement benefits often requires a Qualified Domestic Relations Order (QDRO) for employer-sponsored plans like 401(k)s. A QDRO details the benefits share based on marriage duration and pension accrual.
Individual Retirement Accounts (IRAs) do not need a QDRO but require a court order or division agreement compliant with IRS regulations. Understanding these requirements ensures fair division of property and retirement benefits.
Insurance Policies and Beneficiary Updates
After a divorce, updating insurance policies and beneficiary designations is crucial. Your ex-spouse is no longer eligible for benefits and should be removed from all plans and designations.
If you do not assign a new beneficiary, death benefits will go to an alternate beneficiary or your estate. You can re-designate an ex-spouse as a beneficiary post-divorce if you choose.
Moving Forward After Divorce
Moving forward after a divorce is challenging but also an opportunity for new beginnings. Maintaining a consistent routine during and after the divorce provides stability. Engaging in social activities and meeting new people creates a sense of community and support, essential for emotional well-being.
Establishing a separate bank account and creating a new budget that reflects your changed financial situation are crucial steps for successful financial planning. Re-evaluating personal goals and aspirations can foster positive changes and personal growth.
By focusing on these additional steps, you can build a fulfilling and independent life post-divorce.
Conclusion:
Divorce is rarely easy—but when you’re thinking, “I want a divorce but my spouse doesn’t live in Texas,” it can feel like you’re stuck in a legal maze with no clear way out. The good news? You’re not alone, and you’re definitely not without options. With the right support, you can move forward confidently, protect your children’s well-being, and start building a life that feels steady again—even if your spouse is miles (or states) away.
At The Law Office of Bryan Fagan, PLLC, we understand that every family’s story is different. That’s why we’re committed to helping you create a plan that not only checks the legal boxes but also supports your emotional and practical needs—especially when kids and custody are involved. Whether it’s filing in the right court, preserving school continuity, or figuring out how to serve papers to another state, our team is here to walk you through it all, step by step.
So, if you’re ready to stop feeling stuck and start taking action, reach out. Let’s talk about what matters most to you and how we can protect it. And who knows—this chapter might just be the beginning of something better than you imagined. Because your future isn’t one-size-fits-all. And neither is the way we help you protect it.
