You can file for divorce in Texas if you or your spouse has lived in Texas for at least the last 6 months, and in the county where you file for divorce for at least the last 90 days. If you happen to be serving in the military or other government service outside of Texas, you may still file for divorce in Texas if: Texas has been the home state of either you or your spouse for at least 6 months and the county where you plan to file the divorce has been the home county of either spouse for at least 90 days. The identical rule applies if you accompanied your spouse the one is serving in the military or other government service outside of Texas. If Texas is your home state, time spent outside of Texas with your military spouse counts as time spent in Texas.