Before a divorce can be filed, you need to know which court has the power to hear it. For most people that is a simple question. For families in New Braunfels, it is a little trickier than you might think, because the city sits on the line between Comal County and Guadalupe County. Filing in the wrong place can mean delay, a motion to transfer and extra cost. A divorce attorney can sort this out quickly, but the basics are below.
The Texas Residency Requirement
Texas Family Code § 6.301 sets two minimums. At the time of filing, either spouse must have been:
- A resident of Texas for the preceding six months, and
- A resident of the county where the case is filed for the preceding 90 days.
Only one spouse needs to meet these requirements. If your spouse has lived in New Braunfels for years and you just moved here, the case can still be filed here based on your spouse’s residence.
Residency means where you actually live with the intention of staying, not a temporary stay or a vacation home. Short trips away do not break residency.
New Braunfels and the Comal–Guadalupe County Line
New Braunfels is the county seat of Comal County, but a significant part of the city lies in Guadalupe County. That matters because divorces are filed with the district clerk in the county of residence.
- If your home is in the Comal County part of New Braunfels, you generally file with the Comal County district clerk in New Braunfels.
- If your home is in the Guadalupe County part of the city, you generally file with the Guadalupe County district clerk in Seguin.
Your mailing address, ZIP code and school district are not reliable guides. The best way to confirm is to look up your property in the appraisal district records or check your property tax statement. Renters can check the landlord’s property records or a county map.
Nearby communities
| Community | Usual county |
|---|---|
| Canyon Lake, Bulverde, Spring Branch, Garden Ridge | Comal |
| Seguin, Cibolo, Marion, McQueeney | Guadalupe |
| Schertz | Guadalupe, Bexar or Comal, depending on the address |
| San Marcos, Kyle, Wimberley | Hays |
| Boerne | Kendall |
Some cities, like Schertz, span more than one county. Always confirm your specific address.
When Spouses Live in Different Counties
It is common for spouses to separate before filing. One may stay in the family home in Comal County while the other moves to an apartment in San Marcos or Seguin.
As long as the filing spouse has lived in their county for at least 90 days (and a spouse meets the six-month state requirement), the case can usually be filed in the filing spouse’s county. If you recently moved and have not been in your new county for 90 days, you may be able to file in the county where your spouse lives if they meet the requirement, or you may choose to wait.
Where a case is filed can affect practical things: which courthouse you drive to, which local rules apply, and how far the other spouse has to travel. When both counties are proper, the spouse who files first often sets the location.
When Children Are Involved
Custody issues have their own jurisdiction rules. Texas follows the Uniform Child Custody Jurisdiction and Enforcement Act, which generally gives priority to a child’s home state, meaning where the child lived with a parent for the six months before the case was filed (Texas Family Code § 152.201).
So if you and the children moved to New Braunfels from another state three months ago, a Texas court might be able to grant the divorce but not decide custody yet. And if an existing custody order from another Texas county already covers your children, that court may have continuing jurisdiction over custody issues, which can require coordinating or transferring the case. Our page on divorce with children explains more.
When Your Spouse Lives Outside Texas
You can often file in Texas even if your spouse lives in another state or country, so long as you meet the residency rules. The court can grant the divorce itself. The harder question is whether the court can make orders that bind your spouse personally, such as ordering them to pay maintenance or dividing property located elsewhere. Texas law allows personal jurisdiction over a nonresident spouse in certain situations, for example when Texas was the last marital residence and the case is filed within a set period, or when other contacts exist. Each case needs a careful look at the facts.
Military Families
The New Braunfels area is home to many Joint Base San Antonio families. Texas law accounts for military life:
- A Texas resident serving outside the state can count that military service time as Texas and county residence.
- A service member stationed in Texas for the required periods may be treated as a Texas and county resident for divorce purposes.
- The Servicemembers Civil Relief Act can delay proceedings when an active-duty spouse cannot participate.
Read more on our military divorce page.
What If You File in the Wrong County?
If a case is filed in a county where neither spouse meets the 90-day residency requirement, the other spouse may object and ask the court to transfer or dismiss it. Even when nobody objects, a defect can cause problems later. It is much easier to confirm the right county before filing than to fix it afterward.
Steps to Confirm the Right Court
- Confirm that at least one spouse has lived in Texas for six months.
- Confirm which county each spouse lives in, using property or tax records.
- Count the days each spouse has lived in that county.
- If children are involved, check where they have lived for the last six months and whether any custody order already exists.
- If your spouse lives outside Texas, talk with a lawyer about jurisdiction over them.
- Contact the right district clerk to ask about e-filing and any standing orders.
Once you know where to file, our guide on how to file for divorce walks through the next steps, and our Comal County family court page has more local background.
Talk With a New Braunfels Divorce Attorney
If you are not sure whether your case belongs in Comal County, Guadalupe County or somewhere else, we can help you figure it out before anything is filed. Our firm serves New Braunfels and families throughout Comal, Guadalupe, Hays and Kendall counties. Call (830) 302-4071 for a free consultation. Se habla español.
Frequently Asked Questions
My address says New Braunfels. Do I file in Comal County?
Not necessarily. New Braunfels extends into Guadalupe County, and a mailing address does not decide the county. Check your property tax records or the county appraisal district to confirm which county your home is in, then file with that county’s district clerk.
My spouse lives in another county. Where can I file?
If you have lived in your county for at least 90 days and one spouse meets the six-month Texas requirement, you can usually file where you live. If you just moved, you may be able to file in the county where your spouse has lived long enough. Getting this right at the start avoids transfer fights later.
Can I file for divorce in Texas if my spouse lives in another state?
Often yes, if you meet the Texas residency rules. However, a Texas court may need personal jurisdiction over your spouse to order things like spousal maintenance or to divide certain property. Children’s issues are governed by separate rules that usually look to the child’s home state.
I'm stationed at Joint Base San Antonio. Can I file in Texas?
Texas has a special rule for military members. Time spent outside Texas in military service can count toward Texas residency for someone who was a Texas resident, and a service member stationed here for the required time may be treated as a resident of the county. The details depend on your situation.
Last reviewed November 13, 2026. General information only, not legal advice.