Yes, you absolutely can get a Texas divorce when your spouse lives outside of the state of Texas.
What the court is going to look at in Texas is whether you have resided in the state of Texas for that six month period and whether you've resided in the county where you're requesting the divorce for 90 days. And once those jurisdictional requirements have been met, the court in that county can certainly grant a Texas divorce. Issues presumably could arise if your spouse does not have, in technical terms, personal jurisdiction within the state of Texas. And what the court looks at when we're establishing that personal jurisdiction in order to divide property within the marriage is the court looks at, for example, whether you and your spouse last resided in the state of Texas as a married couple. Additionally, the court could look at whether your spouse has established minimum contacts with the state. And what the court looks at when they're establishing these contacts is whether your spouse does business within the state or whether you have children of the marriage that reside within the county or within the state of Texas as well. And once those requirements are met, the court certainly can establish and grant that divorce that's being requested.