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Quick Answer
To file for divorce in Texas, you must meet the state's residency requirements (6 months state, 90 days county), prepare and file a petition with the District Court, serve your spouse, and wait for the mandatory processing period. Texas has a 60-day waiting period. Filing fees are approximately $300.
Understanding how to file for divorce in Texas is one of the most important steps in your divorce preparation. This guide covers what Texas law requires, what to expect, and how to prepare — in plain language, not legalese.
Section · 01
Before filing for divorce in Texas, at least one spouse must have lived in the state for the required period (6 months state, 90 days county). Military members stationed in Texas may also qualify.
Section · 02
Texas recognizes both no-fault (insupportability) and fault-based grounds including cruelty, adultery, felony conviction, and abandonment.
Section · 03
The divorce process begins when one spouse (the petitioner) files a petition for dissolution of marriage with the appropriate court. In Texas, this is filed with the District Court in the county where either spouse lives. The filing fee is approximately $300.
Section · 04
After filing, the petition must be formally served on the other spouse (the respondent). Texas allows service by personal service, service by mail, or constructive service in limited circumstances. The respondent typically has 20 days (plus Monday) to respond.
Section · 05
Texas has a 60-day waiting period. The court can waive this in cases involving family violence.
Section · 06
Once all issues are resolved — either by agreement or court decision — the court enters a final judgment of dissolution. In Texas, this covers property division, community property allocation, spousal support, child custody, and child support.
What Makes Texas Different
Texas has a 60-day waiting period that can be waived in cases involving family violence — one of the few states offering this exception.
FAQ
At minimum 60 days after filing. Uncontested divorces often finalize in 2-3 months. Contested cases can take 6-18 months.
No, you can file without an attorney (pro se). However, if you have children, significant assets, or contested issues, an attorney is strongly recommended. DIVORSAY helps you prepare so your attorney can work more efficiently.
Many Texas counties now accept e-filing for divorce petitions through the state's e-filing system. DIVORSAY helps you organize everything you need before filing.
You don't need your spouse's consent to get divorced. If your spouse doesn't respond to the petition after being served, the court can grant a default judgment. In Texas, a default divorce can be finalized after the 60-day waiting period.
Typically: the petition for dissolution, a summons, financial declarations, and if children are involved, a parenting plan. You'll also need 3-5 years of tax returns, pay stubs, bank statements, and property records. DIVORSAY's Evidence Vault helps you organize all of this.
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Notice
This is legal information, not legal advice. We’re here to help you understand your landscape — but for guidance specific to your situation, talk to a family law attorney in Texas. You deserve someone in your corner.