Filing for divorce in Texas follows a clear legal process: confirm you meet the residency requirement, file an Original Petition for Divorce with the district court, notify your spouse, wait out the mandatory 60-day waiting period, resolve property and custody issues, and finalize with a signed Final Decree of Divorce. This guide walks through each step in plain language, and shows where the details can change the outcome.
Step 1: Confirm You Meet Texas Residency Requirements
To file for divorce in Texas, at least one spouse must have:
- Lived in Texas for the past 6 months, and
- Lived in the county where you file for the past 90 days.
If you meet both, you can file in that county’s district court.
Step 2: Choose Your Grounds for Divorce
Texas allows no-fault and fault-based divorce. Most people file no-fault, citing “insupportability” (the marriage is no longer workable). You can also allege fault, such as adultery, cruelty, or abandonment, which can affect property division and support.
Step 3: File the Original Petition for Divorce
The case officially begins when you file an Original Petition for Divorce with the district clerk in your county and pay the filing fee (typically around $300, varying by county; fee waivers are available if you can’t afford it). The spouse who files is the Petitioner; the other is the Respondent.
Step 4: Notify Your Spouse (Service of Process)
Your spouse must be formally served with the petition, or can sign a Waiver of Service to accept it voluntarily. In an amicable, uncontested case, a waiver keeps things simple and low-conflict.
Step 5: Wait Out the 60-Day Waiting Period
Texas requires a mandatory 60-day waiting period from the filing date before a divorce can be finalized. This is the minimum, contested cases take longer.
Step 6: Resolve Property, Support, and Custody
This is where most of the work happens. You and your spouse (with your attorneys) will resolve:
- Division of community property and debts (Texas is a community property state)
- Spousal maintenance, if applicable
- Child custody (conservatorship), possession schedules, and child support, if you have children
If you agree on everything, the divorce is uncontested. If not, it’s contested, and unresolved issues may go before a judge.
Step 7: Finalize with the Final Decree of Divorce
Once issues are resolved and the waiting period has passed, the court enters a Final Decree of Divorce: the binding order that ends the marriage and sets out the terms. At a brief “prove-up” hearing (or by agreement in many uncontested cases), the judge signs the decree and you are officially divorced.
Can You File for Divorce in Texas Without a Lawyer?
Yes, Texas allows you to file pro se (representing yourself), and for a simple, truly uncontested divorce with no children and few assets, some people do. But once there are children, a home, retirement accounts, a business, or any disagreement, the stakes rise quickly, and mistakes in the decree are hard to undo. An attorney protects your rights and gets the details right the first time.
How Much Does It Cost to File for Divorce in Texas?
The court filing fee is typically around $300, but the total cost of a divorce depends on whether it’s contested, whether children are involved, and how complex your assets are.
Talk to an Austin Family Lawyer
Every divorce is different, and the right strategy depends on your specific situation. Bollier Ciccone Stinson LLP has guided Austin families through divorce with clarity and care.
Frequently Asked Questions
This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.
About Bollier Ciccone Stinson LLP
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Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.
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