Ready to start your Texas divorce? Gather your documents and begin the process today – you're one step closer to a fresh start.
Get your divorce papersWhat Divorce Papers needs to be valid in Texas
- Residency: You or your spouse must have lived in Texas for at least 6 months prior to filing, and in the county where you file for at least 90 days.
- Grounds for divorce: Texas allows no-fault divorce (insupportability) or fault grounds (e.g., adultery, cruelty).
- Complete the required forms: Petition for Divorce, Original Petition, and other forms depending on your situation.
- Pay the filing fee: Fees vary by county, typically between $200 and $300.
- If you have children or property, you'll need additional forms like a Parenting Plan and Inventory.
- If you and your spouse agree on all terms, you can file an uncontested divorce, which may simplify the process.
How to set up a Divorce Papers in Texas
- Determine if you meet Texas residency requirements and choose the correct county to file in.
- Obtain the necessary divorce forms from your local district clerk's office or online at the Texas courts website.
- Fill out the forms accurately. For an uncontested divorce, both spouses must agree on all issues (property, debt, child custody, support).
- Notarize your signatures if required (some forms, like the Waiver of Service, need to be notarized).
- File the forms with the district clerk's office and pay the filing fee. If you can't afford it, you can request a fee waiver with an affidavit of indigency.
- Serve your spouse with divorce papers unless they sign a waiver of service. Then, wait for the required 60-day waiting period from filing before the court can finalize your divorce.
How much it costs
The cost to file for divorce in Texas varies by county, but you can expect to pay between $200 and $300 in filing fees. Additional costs may include fees for serving your spouse, copying documents, and attorney's fees if you hire one. If you are facing financial hardship, you may be able to request a waiver of court costs.
Before You Begin: Texas Divorce Checklist
Gather the essentials and understand Texas rules to make the process smoother. This checklist helps you avoid common delays when preparing your divorce papers.
- Meet Texas residency requirements: you or your spouse must have lived in Texas for the last 6 months and in the county where you file for at least 90 days.
- Decide on grounds for divorce: Texas allows 'no-fault' (insupportability) or fault-based grounds (e.g., cruelty, adultery). Choosing 'insupportability' often simplifies the process.
- Gather financial documents: recent tax returns, pay stubs, bank statements, mortgage/loan documents, retirement account statements, and a list of debts.
- If you have children, be ready to detail a parenting plan including custody, visitation, and child support—Texas courts require it.
- Understand notarization: your signature on the petition must be notarized. Some forms (like the waiver of service) also require notarization. Witnesses are not typically required except for certain forms like the final decree in some counties—check local rules.
- File in the correct district clerk's office: the district clerk in the county where you or your spouse reside. Call ahead to confirm filing fees (typically $300–$400) and accepted payment methods.
Questions people ask
How long does it take to get a divorce in Texas?
In Texas, there is a mandatory 60-day waiting period from the date the petition is filed. If your divorce is uncontested and all paperwork is in order, you can finalize it after those 60 days. However, contested divorces can take several months or even longer.
Do I need a lawyer to file for divorce in Texas?
No, you can file for divorce yourself (pro se). However, if your divorce is complex (involving significant assets, debts, or child custody disputes), it is advisable to consult with a lawyer. For an uncontested divorce, you can often handle the paperwork on your own.
What is an uncontested divorce in Texas?
An uncontested divorce is one in which both spouses agree on all issues, including division of property, debts, child custody, and support. You can file an uncontested divorce without a lawyer, and it is usually less costly and faster.