Filing for divorce in Texas requires meeting specific legal requirements and following established procedures under Texas law. The process depends on whether you have children under 18, own property together, and whether you can agree on all issues for uncontested divorces. Understanding these requirements helps ensure proper handling of your divorce in Texas.
Where You Can File for Divorce
Before filing for divorce in Texas, you must meet residency requirements. Either you or your spouse must have lived in Texas for at least six months before filing. Additionally, one of you must have lived in the county where you want to file for at least 90 days.
If you haven't lived in Texas long enough, you'll need to file in your previous state. Military members stationed outside Texas can still file here if Texas is their home state. Non-residents can file for divorce in Texas if their spouse meets the residency requirements.
Courts check residency carefully. You'll need proof like voter registration, tax returns, driver's license, or lease agreements to show you meet the requirements.
Reasons You Can Get Divorced in Texas
Texas allows divorce in Texas for seven different reasons. The most common is "insupportability," which means your marriage is broken and can't be fixed. This is a no-fault option, so neither spouse has to prove the other did anything wrong.
The other six reasons require proving fault:
- Adultery (cheating)
- Cruelty (physical or mental abuse)
- Abandonment for at least one year
- Felony conviction with prison time
- Living apart for at least three years
- Mental hospital confinement for at least three years
Most people choose the no-fault option because it's simpler and less expensive. Fault-based divorces require more evidence and often take longer.
Required Forms and Papers
Filing for divorce starts with completing the Original Petition for Divorce. This form officially begins your case and includes information about both spouses, why you want a divorce, and what you're asking for regarding property and children.
You'll also need a Civil Case Information Sheet for court records. If you have assets or debts, you'll need financial disclosure forms listing everything you own and owe. Cases with minor children require additional forms about custody and support.
For simple uncontested divorces without children under 18 or real estate, Texas provides approved forms that make the process easier.
You can file electronically through eFileTexas.gov, which guides you through the process step by step. This option works well for people representing themselves.
How to Start Your Case
Filing for divorce begins with completing your forms and paying court fees to the district court clerk. Filing fees range from $250 to $400 depending on your county. If you can't afford the fees, you can ask the court to waive them by filing an Affidavit of Inability to Pay Court Costs.
After filing, you must serve your spouse with the divorce papers. This means officially notifying them about the divorce through legal methods. A sheriff, constable, or authorized person must deliver the papers. If your spouse agrees to the divorce, they can sign a waiver of service instead.
The person filing (petitioner) must give the other spouse (respondent) proper legal notice. You can't just hand them the papers yourself - it must be done officially according to Texas rules.
Cases with Children Under 18
Filing for divorce with children under 18 requires additional steps and forms. These cases must address custody (called conservatorship in Texas), visitation schedules, and child support payments. Texas courts always focus on what's best for the children.
Child support follows specific guidelines based on the paying parent's income:
- One child: 20% of monthly income
- Two children: 25% of monthly income
- Three children: 30% of monthly income
- Four children: 35% of monthly income
- Five or more children: 40% of monthly income
Many counties require parents to take parenting classes to help children adjust to divorce. Some also require mediation to try resolving custody disputes before going to court hearing.
| Number of Children | Child Support Percentage | Additional Requirements |
|---|---|---|
| 1 Child | 20% of monthly income | Basic support calculation |
| 2 Children | 25% of monthly income | Standard guidelines apply |
| 3+ Children | 30–40% of monthly income | May require detailed review |
Agreed vs. Contested Divorces
Uncontested divorces happen when both spouses agree on all major issues including property division, debt responsibility, and child arrangements. These cases move faster, cost less, and use simplified procedures.
For uncontested divorces, both spouses must agree on grounds for divorce, how to divide property and debts, and all arrangements for children under 18. Both parties must be willing to sign all required forms and attend any necessary court appearances.
Contested divorces involve disagreements that require court hearing or mediation to resolve. These cases take longer and usually need attorney help. Discovery procedures, temporary orders, and possibly trial proceedings add time and complexity.
The 60-Day Waiting Period
Texas law requires a 60-day waiting period from when you file for divorce before the court can finalize it. This applies to all divorce in Texas cases except those involving family violence. The waiting period gives couples time to reconsider and ensures proper legal procedures.
Most divorces take longer than 60 days because of negotiations, court hearing scheduling, and paperwork requirements. Simple uncontested divorces might finish soon after 60 days, while contested cases often take months or longer.
During this waiting period, courts can issue temporary orders about child custody, support payments, who lives where, and protection of assets. These orders help maintain stability while the divorce is pending.
Temporary Orders and Protection
While your divorce in Texas is pending, courts can issue temporary orders addressing immediate needs. These might cover temporary child custody, financial support, use of the family home, and vehicle possession.
Automatic restraining orders take effect when you file for divorce, preventing both spouses from hiding assets, harassing each other, or taking children under 18 out of Texas without permission. These protections start immediately without requiring separate paperwork.
If domestic violence is a concern, you can request additional protective orders for safety. Courts prioritize protection and can issue emergency orders quickly when needed.
Court Hearings and Final Orders
Uncontested divorces typically require only brief court hearings where one spouse answers basic questions about the case and agreement terms. Some courts allow written affidavits instead of appearing in person.
Contested cases involve more complex court hearing procedures including temporary order hearings, mediation sessions, and possibly full trials with witnesses and evidence. Most divorce trials in Texas are decided by judges rather than juries.
The final divorce decree officially ends the marriage and resolves all issues including property division, debt responsibility, custody arrangements, and support obligations. This becomes a court order that both parties must follow.
Getting Financial Information
Contested divorce in Texas cases often require sharing financial information through discovery procedures. This includes tax returns, pay stubs, bank statements, and documentation of all assets and debts.
Both spouses must provide complete financial disclosure, including details about income, property, investments, and debts. Hidden assets or income can result in serious legal consequences.
Complex cases might need expert help like business appraisers, forensic accountants, or real estate valuators to determine the value of assets for fair division.
Special Situations
Filing for divorce while pregnant requires special consideration. Texas courts usually can't finalize divorces until after the baby is born to properly address paternity and custody issues.
Military families have special rules about deployment delays, benefit division, and residency requirements. The Servicemembers Civil Relief Act provides certain protections for active-duty personnel.
Immigration status may affect your divorce and its consequences. Non-citizen spouses should consider potential impacts on their legal status before starting divorce proceedings.
Do You Need a Lawyer?
You can handle filing for divorce in Texas yourself, especially for simple uncontested divorces without complex property or custody issues. However, you must follow the same rules and procedures as if you had a lawyer.
Legal aid organizations help qualify low-income people with free or low-cost representation. Many counties have self-help centers with forms assistance and basic legal information.
Consider hiring a lawyer if your case involves significant assets, business interests, contested custody, domestic violence, or if your spouse has an attorney. Some lawyers offer limited help with specific parts of your case while you handle the rest.
Timeline Expectations
Simple uncontested divorces without complications typically take 60-90 days from filing to completion. Cases with minor children or property issues usually take 90-120 days even when uncontested.
Contested divorces that settle through negotiation often take 4-8 months. Cases that go to trial can take 8-18 months or longer depending on complexity and court scheduling.
Factors affecting timeline include case complexity, court scheduling, negotiation progress, and whether expert evaluations are needed for property or custody determinations.
Costs and Fees
Filing fees for divorce in Texas range from $250-$400 depending on your county. Additional costs might include service fees ($50-$150), certified copies, and expert fees if needed.
Uncontested divorces without lawyers typically cost $500-$1,500 total. Contested divorces with attorneys can cost $5,000-$25,000 or more depending on complexity and length of proceedings.
If you can't afford court costs, you can request fee waivers by proving financial hardship. Some legal aid organizations also help with costs for qualifying individuals.
After Filing Your Petition
After filing for divorce, your spouse has 20 days to respond. If they don't respond, you might be able to get a default divorce. If they do respond and disagree with your requests, the case becomes contested.
You'll need to exchange financial information, negotiate settlement terms, and possibly attend mediation or court hearings. The goal is reaching agreement on all issues before the final court hearing.
Once everything is resolved and the 60-day waiting period has passed, the court will review your case and enter the final divorce decree if everything is in order.
Filing for divorce in Texas involves specific legal steps and requirements, but the process is manageable with proper preparation and understanding of the procedures. Whether pursuing uncontested divorces or dealing with contested issues involving children under 18, following these guidelines helps protect your rights throughout the divorce in Texas process.