Ending a marriage is hard. The paperwork can feel scary too. The good news is that the Texas divorce process follows clear steps. Take them one at a time, and you can get through it.
Here is the short answer. To get a divorce in Texas, you must meet the residency rules and file an Original Petition for Divorce with the district court in your county. Next, you give your spouse legal notice. Then you wait at least 60 days before a judge can finish the case.
This guide walks you through filing for divorce in Texas from start to finish. You will learn the Texas divorce requirements, the forms you need, what it costs, and how long it takes.
How to File for Divorce in Texas: 10 Quick Steps
- Make sure you meet the residency rules.
- Choose your type of divorce.
- Gather your papers and facts.
- Get the right divorce forms.
- File your petition with the district clerk.
- Serve your spouse or get a signed waiver.
- Ask for temporary orders if you need them.
- Wait at least 60 days.
- Write your Final Decree of Divorce.
- Go to your final hearing.
Key Takeaways
- One spouse must live in Texas for six months and in the county for 90 days.
- Texas allows both no-fault and fault-based divorces.
- Most cases must wait at least 60 days after filing.
- Texas courts split shared property in a way that is “just and right,” which is not always 50/50.
- Custody decisions focus on what is best for the child.
Before You File: What Texas Requires
Texas Divorce Residency Requirements
The Texas Family Code holds the state’s divorce laws. Section 6.301 sets the Texas divorce residency requirements. One spouse must have lived in Texas for at least six months and in the county of filing for at least 90 days. That means two tests:
- Six-month state residency: You or your spouse lived in Texas for at least the last six months.
- 90-day county residency: You or your spouse lived in the county where you file for at least the last 90 days.
Only one of you needs to meet these rules. If your spouse meets both rules, you can file even if you moved recently.
The court may ask for proof. Courts may ask for proof, such as a Texas driver’s license, a lease, utility bills, voter records, or military orders, to confirm residency.
Texas has its own rules for military divorce. Military members stationed in Texas count as residents if they have lived in the state for six months.
Grounds for Divorce in Texas
“Grounds” means the legal reason for ending your marriage. Chapter 6 of the Family Code, called “Suit for Dissolution of Marriage,” lists the grounds for divorce in Texas.
No-Fault Divorce in Texas
Most people use a ground called insupportability. It is found in Section 6.001. It means the marriage broke down because of conflict, and there is no real hope of reconciliation. Either spouse can file without proving the other did anything wrong. This is called a no-fault divorce in Texas.
Fault-Based Divorce
A fault-based divorce blames one spouse. Texas allows these fault grounds:
- Cruelty grounds for divorce: One spouse treated the other so cruelly that living together is too hard.
- Adultery as grounds for divorce: One spouse cheated during the marriage.
- Felony conviction grounds: A spouse was found guilty of a felony, went to prison for at least one year, and was not pardoned.
- Abandonment divorce in Texas: You must show your spouse left meaning to abandon you and stayed away for at least one year.
- Living apart for three years: You and your spouse lived apart for at least three years.
- Confinement in a mental hospital: A spouse has been in a mental hospital for at least three years, and getting better seems unlikely.
Why pick a fault ground? Fault grounds like adultery, cruelty, or abandonment can affect choices about property or support. But they take more proof, more time, and more money.
Contested vs. Uncontested Divorce
An uncontested divorce in Texas means you agree on everything. People also call it an agreed divorce. A contested divorce in Texas means you disagree on at least one thing, like the house or the kids.
| Factor | Uncontested | Contested |
| Cost | Lower | Higher |
| Speed | Faster | Slower |
| Court | Often one short hearing | Several hearings, maybe a trial |
| Sharing info | Simple | Formal discovery |
Even when a divorce starts as contested, many couples settle through talks or mediation before trial.
There is also collaborative divorce. It falls under Chapter 15, the Collaborative Family Law Act. Each spouse hires a trained lawyer. Everyone signs a promise to settle without going to court.
Step-by-Step: How to File for Divorce in Texas
Step 1: Confirm Residency and Pick the Right County
First, figure out where to file for divorce in Texas. File in the county where you or your spouse has lived for the last 90 days.
Most divorces go to the Texas District Courts. Texas divorce forms include a field for either a District Court or a County Court at Law, since some counties hear family cases in the County Court at Law.
Filing too soon or in the wrong county can slow your case down or even get it dismissed.
Step 2: Choose Your Divorce Path
Next, decide what kind of case you have. This choice tells you which forms to use.
- Agreed: You both agree on all terms.
- Default divorce in Texas: Your spouse gets notice but never answers. You can finish without them after the deadlines pass.
- Contested: You need the judge to decide some issues.
You also need to know if this is a divorce with minor children or a divorce without children in Texas. Cases with kids need more forms and more orders.
Last, decide if you want a lawyer. Texas does not require spouses to hire lawyers, but legal advice can help, especially in cases involving children, retirement accounts, businesses, or large assets. A pro se divorce means you handle it yourself. A divorce without a lawyer in Texas works best when the case is simple and you both agree.
Step 3: Use a Texas Divorce Checklist to Gather Documents
Getting organized early saves time and stress. Before you fill out forms, gather names, addresses, marriage details, bank and retirement records, debt papers, tax returns, pay stubs, and your children’s details.
Use this Texas divorce checklist:
- Full legal names, birth dates, and addresses for both spouses
- Date and place of your marriage
- Names and birth dates of your children
- Bank and retirement account statements
- Deeds, mortgage papers, and car titles
- Credit card and loan statements
- Recent tax returns and pay stubs
- Health insurance details
- Any prenuptial agreement you signed
Step 4: Get the Right Texas Divorce Forms
You can find free Texas divorce forms online. In 2017, the Texas Supreme Court approved a single statewide form for uncontested divorces without children or property.
The Texas Supreme Court oversees these forms. The Texas Access to Justice Commission also works to make courts easier to use for people who cannot pay a lawyer.
Your Texas divorce paperwork will likely include:
- Original Petition for Divorce: This starts your case.
- Waiver of Service: This lets your spouse skip formal delivery.
- Final Decree of Divorce: The judge’s final order.
- Statement of Inability to Afford Payment of Court Costs: This asks the court to waive fees.
- Certificate of Last Known Address: Provides your spouse’s last known address.
- Affidavit of Military Status: This states whether your spouse is in the military.
- Form VS-165: This form is called the “Information on Suit Affecting the Family Relationship.” It reports your divorce to the Texas Department of State Health Services (DSHS) Vital Statistics Section.
Warning: Do not use the simple divorce form set if you and your spouse disagree about any issue, if either of you wants to use a fault ground like cruelty or adultery, or if the wife is pregnant, even if the husband is not the father.
Step 5: File the Original Petition for Divorce
Take your petition to your county district clerk’s office. The District Clerk keeps the court’s records.
You may file in person or online through eFileTexas.gov. E-filing divorce in Texas saves you a trip. You can file for divorce online in Texas this way, but you still must follow all the other steps.
Texas Divorce Filing Fee
The fee is usually around $250 to $350, based on the county. Call your clerk to check the exact amount.
Divorce Fee Waiver in Texas
If you cannot afford the fee, you may file a Statement of Inability to Afford Payment of Court Costs. You must list your financial details, and the judge decides if you qualify.
Your Cause Number
When you file, the clerk stamps the date on your petition and gives it a case number. This is also called a cause number. This number must go on every paper you file in the case from then on.
Petitioner and Respondent
The spouse who files becomes the petitioner. The other spouse becomes the respondent. Knowing the petitioner and respondent roles helps you read court papers.
County Standing Orders
Some counties have county standing orders. These rules begin as soon as you file for divorce. They tell both spouses not to hide money, sell shared property, or upset the kids. Check your county’s website to see if they apply.
Step 6: Serve Your Spouse or Get a Waiver of Service
After you file, your spouse must get formal notice. This is called service of process. You may not simply hand your spouse the papers yourself. You must follow an approved method.
Here are the main ways of serving divorce papers in Texas:
- Constable service: A Constable or Sheriff delivers the papers for a fee.
- Private process server: A person certified by the Judicial Branch Certification Commission delivers the papers.
- Waiver of Service: Your spouse signs a form saying they got the papers.
- Citation by publication: You publish a notice when you cannot find your spouse.
- Service by posting: You post a notice at the courthouse when you cannot find your spouse.
- Substituted service: If normal service fails, a judge may allow another method, like leaving papers with an adult at your spouse’s home.
The official court notice that goes with your petition is called a citation. Divorce papers served on a spouse include the Citation and the Original Petition for Divorce. The Texas Rules of Civil Procedure set the rules for service. Rule 106 covers substituted service.
Waiver of Service Rules
Your spouse must sign the waiver before a notary. You must sign the waiver at least one day after the petition is filed. The Notary Public cannot be a lawyer involved in the case, and the waiver must include the mailing address of the signing spouse. The waiver usually must be on file for at least 10 days before you can finish your case.
A tip for respondents: read the waiver closely. If the form has language about giving up notice of hearings or trial, you can cross it out or ask for a version that only waives service.
Respondent’s Answer Deadline
The respondent’s answer deadline is strict. Find the day you were served on a calendar. Count out 20 more days, including weekends and holidays. Then go to the next Monday. The answer is due by 10:00 a.m. that day. This rule comes from Rule 99 of the Texas Rules of Civil Procedure.
Counterpetition for Divorce
A respondent may also file a counter-petition to ask the court for their own terms on custody, visitation, support, or property. This is called a counterpetition for divorce.
Step 7: Ask for Temporary Orders if Needed
A divorce can take months. Temporary orders set the rules until the case ends. At a temporary orders hearing, a judge can decide:
- Who stays in the home
- Where the kids live for now
- Who pays which bills
- If one spouse pays short-term support
In some counties, an Associate Judge hears these requests. In an emergency, you can ask for a temporary restraining order. This short-term order can stop a spouse from emptying bank accounts or selling property.
Step 8: Complete the 60-Day Waiting Period
Texas has a 60-day waiting period under Section 6.702. The clock starts on the day you file the petition, not the day your spouse is served. The only exception is for divorces with proven family violence convictions.
Use this time well:
- Discovery in divorce: Both sides share papers and answer questions about money and property.
- Inventory and appraisement: A sworn list of what you own and owe. One Texas court requires a sworn inventory in divorces with property over $50,000.
- Mediation in Texas divorce: A Mediator is a neutral helper who guides you toward a deal. Chapter 154 of the Texas Civil Practice and Remedies Code covers this kind of help.
- Mediated settlement agreement: If you settle in mediation, you both sign this written deal. When signed correctly, it is binding and very hard to undo.
- Co-parenting class: Many counties ask parents to take a class on helping kids through divorce.
Step 9: Prepare the Final Decree of Divorce
The Final Decree of Divorce is the judge’s final order. It lists every term of your divorce. If you and your spouse signed a property settlement agreement, the decree includes its terms.
Fill in every blank. If something does not apply, write “N/A.” That court will not sign final orders with blank spaces.
If you split a 401(k) or pension, you may need a Qualified Domestic Relations Order (QDRO). This separate order handles retirement account division. ERISA, a federal law, requires it for many work plans. Military pensions follow the Uniformed Services Former Spouses’ Protection Act (USFSPA).
Step 10: Attend the Prove-Up Hearing or Final Divorce Hearing
In an agreed case, you go to a short prove-up hearing. The judge looks over your papers, asks a few questions, and signs the decree.
If you still disagree, you will have a final divorce hearing or a full divorce trial. At trial, the judge hears proof and decides the open issues.
Extra Papers for Default Cases
One county requires a Certificate of Last Known Address and a notarized non-military affidavit in all default cases. The return of service must also be on file for at least 10 days before the hearing.
The federal Servicemembers Civil Relief Act (SCRA) protects active-duty members who cannot come to court. You can check your spouse’s status on the SCRA website run by the Defense Manpower Data Center.
Bring your Form VS-165, your photo ID, and copies of your decree to the hearing.
How Texas Divides Property and Debt
Texas is a community property state. Understanding how community property works in Texas helps you plan.
- Community property: Most things either spouse got during the marriage. It belongs to both of you.
- Separate property: Things you owned before marriage, plus gifts and inheritances. It stays yours.
Your shared property is called the marital estate. Under Section 7.001, the judge divides it fairly. This is called a just and right division. It is not always a 50/50 split.
The judge also handles marital debt, like credit cards, car loans, and mortgages. Your marital home and homestead need a clear plan. One spouse may keep it, or you may sell it and split the money.
A reimbursement claim can arise when one spouse paid for the other. For example, shared paychecks may have paid down a house one spouse owned before the marriage. A prenuptial agreement can also change how property is split.
Spousal Maintenance and Alimony in Texas
Alimony in Texas is harder to get than in many states. Court-ordered spousal support is called spousal maintenance. Chapter 8 of the Family Code covers spousal maintenance in Texas.
Section 8.054 limits how long maintenance lasts based on the length of the marriage. Payments cannot exceed $5,000 per month or 20% of the payer’s monthly income.
Contractual alimony is different. Spouses agree to it in writing. It does not have to follow the same limits.
Filing for Divorce in Texas With Children
Child Custody in Texas
Texas uses its own words for custody. In Texas, custody is called conservatorship, and visitation is called possession and access. Chapter 153 of the Family Code covers child custody in Texas.
- Joint managing conservators: Both parents share rights and duties. This is the most common setup.
- Sole managing conservator: One parent holds most of the big decision rights.
- Possessory conservator: This parent does not have primary custody but gets set visiting time.
Every choice about conservatorship, possession, and access is based on the child’s best interest.
The Standard Possession Order
Most schedules start with the Standard Possession Order. It gives the other parent set weekends, some weeknights, holidays, and summertime. Parents who agree can also write their own parenting plan.
A geographic restriction limits where the kids can live, such as within one county. This keeps both parents close to the children.
In difficult cases, the judge may appoint an Amicus Attorney or a Guardian ad Litem to represent the child’s best interests. A Child Custody Evaluator may also study the family and write a report.
Texas can usually decide custody only if the child has lived in Texas for the past six months. This rule comes from the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in Chapter 152.
Texas Child Support Guidelines
Chapter 154 sets the Texas child support guidelines. Support is a fixed percent of the paying parent’s monthly net resources: 20% for one child, 25% for two, and up to 40% for five or more. On September 1, 2025, the net-resources cap increased from $9,200 to $11,700 per month.
The order must also cover medical and dental support for your kids. The Texas Office of the Attorney General Child Support Division helps set up, collect, and enforce support.
Recent Law Changes
Texas made big Family Code changes starting September 1, 2025. They affect child support math, who besides parents can seek custody, step-parent rights, and protective order steps. The Texas Legislature passed these laws during its 89th Regular Session in 2025.
After the Judge Signs: What Happens Next
- Get a certified copy of the divorce decree. Order it from the district clerk. You will need it to update your records.
- Change your name. If you requested a name change in your divorce, update your Social Security card first. Then update your license with the Texas Department of Public Safety.
- Move car titles. Use the Texas Department of Motor Vehicles.
- Record new deeds. File them with the County Clerk.
- Send your QDRO. Give it to the retirement plan.
- Check your taxes. The Internal Revenue Service uses your marital status as of December 31 to determine your filing status.
- Know your appeal window. Either spouse has 30 days to challenge the divorce judgment. Appeals go to the Texas Courts of Appeals.
When can you remarry? Under Section 6.801, you must wait 30 days after the decree is signed before marrying someone new. If you want to remarry your former spouse, you don’t have to wait.
How Much Does a Divorce Cost in Texas?
Many people ask, “How much does a divorce cost in Texas?” The answer depends on your county and what you agree to.
| Cost | What to Expect |
| Filing fee | About $250 to $350, based on county |
| Service fee | Varies by constable or process server |
| Publication | Extra cost if you cannot find your spouse |
| Mediation | Varies by mediator, often split by spouses |
| Lawyer | Lower for agreed cases, higher for contested |
Some sources list divorce filing fees of $300 to $420, based on the county. Always check with your district clerk before you file.
How Long Does a Divorce Take in Texas?
“How long does a divorce take in Texas?” The whole process takes at least 61 days because of the required waiting period. Here is a simple Texas divorce timeline:
| When | What Happens |
| Day 0 | You file the petition. The 60-day clock starts. |
| Day 1 or later | Your spouse can sign a Waiver of Service. |
| About 3 to 4 weeks after service | The respondent’s answer is due. |
| Day 61 or later | The judge can sign your decree. |
| 30 days after the decree | You may marry someone new. |
Agreed cases often end in a few months. Contested cases can take much longer. Delays usually come from fights over kids, property, or a spouse who is hard to find.
Special Situations
Your Spouse Will Not Sign or Respond
You can still get divorced. If your spouse is served and misses the answer deadline, you can ask for a default divorce. If the respondent does not file an answer on time, the other spouse can finish the divorce without them, as long as any waiting periods have passed.
You Cannot Find Your Spouse
Try hard to find them first. Check with family, friends, and old jobs. If that fails, ask the court for citation by publication or service by posting. The Certificate of Last Known Mailing Address form points to Rule 239a of the Texas Rules of Civil Procedure.
Your Spouse Is in the Military
File an affidavit of military status. Check your spouse’s status through the SCRA website. The USFSPA may allow you to split military pensions.
Family Violence
If you face family violence, your safety comes first. You can ask for a protective order under Title 4 of the Family Code. The 60-day wait does not apply to divorces with proven family violence convictions. The Texas Council on Family Violence lists shelters and support services statewide. You can also call the National Domestic Violence Hotline at 1-800-799-7233.
The Wife Is Pregnant
Texas courts usually won’t finalize a divorce until the baby is born. The decree must cover the new child.
Common-Law Marriage
Texas allows informal marriage under Section 2.401. If you have a common-law marriage, you still need a formal divorce to end it.
Divorce vs. Annulment vs. Legal Separation
An annulment in Texas says the marriage was never valid. It applies only to rare cases, like fraud, force, or marrying too young. Texas has no legal separation. You stay married until a judge signs your decree.
Common Mistakes to Avoid
- Filing before you meet the residency rules
- Using the wrong form set
- Having your spouse sign the waiver before the petition is filed
- Signing the waiver without a notary
- Signing a waiver that gives up notice of hearings
- Leaving blanks in your decree
- Forgetting a QDRO or a new deed
- Missing the answer deadline
Do You Need a Texas Divorce Attorney?
You do not have to hire a Texas divorce attorney. But a lawyer can help a lot when:
- You have kids and disagree about custody.
- You own a business or large retirement accounts.
- There is family violence.
- Your spouse already has a lawyer.
Free and low-cost help:
- Lone Star Legal Aid and Texas RioGrande Legal Aid for free help if you qualify
- The State Bar of Texas lawyer referral service to find a lawyer
- Limited-scope help, where a lawyer handles only part of your case
Frequently Asked Questions
Can I file for divorce in Texas without a lawyer?
Yes. Texas lets you represent yourself. Free forms are available online. A lawyer is still a smart choice if your case has kids, a business, or big assets.
How much does it cost to file for divorce in Texas?
The filing fee is usually about $250 to $350. It depends on your county. If you cannot pay, you can ask the judge to waive it.
What is the fastest way to get a divorce in Texas?
An agreed divorce is fastest. Your spouse signs a Waiver of Service and the decree. The judge can then finish the case as soon as day 61.
Can I get a divorce in Texas if my spouse will not sign?
Yes. Have your spouse served. If they do not answer by the deadline, you can ask for a default divorce.
Can I file for divorce online in Texas?
Yes. You can file through eFileTexas.gov. You still must serve your spouse, wait 60 days, and attend a hearing.
Do I file in my county or my spouse’s county?
You can file in either county, as long as that spouse lived there for the last 90 days.
Does Texas have legal separation?
No. Texas does not have legal separation. You stay married until the judge signs your divorce decree.
Is Texas a 50/50 divorce state?
Not always. Texas splits community property in a way that is “just and right.” That can mean one spouse gets more.
How soon can I remarry after a divorce in Texas?
You must wait 30 days after the judge signs your decree. You can marry someone new on the 31st day. You can remarry your ex-spouse right away.
What happens if my spouse does not respond to the petition?
If your spouse was properly served and misses the answer deadline, you can finish the divorce without them. Bring the extra default papers to your hearing.
Final Thoughts
Filing for divorce in Texas takes time, but the path is clear. Meet the residency rules. Pick the right forms. File your petition, serve your spouse, and wait 60 days. Then finish with your Final Decree of Divorce.
Take it one step at a time. Keep copies of everything. If your case gets complicated, contact a family law attorney or a free legal aid group in your area.