How to
How do you file for divorce in Texas, and what will it cost?
Short answer
To divorce in Texas, one spouse must have lived in Texas for 6 months and in the county for 90 days. You file a petition with the district clerk, pay the $350 base fee or file a Statement of Inability, and have your spouse served or sign a waiver. The judge can't grant it before the 60th day after filing.
Date calculator · 2 situations
When can your Texas divorce be final?
Read from Family Code §§ 6.409, 6.702 and 6.801 · checked Nov 1, 2026
Which applies to you?
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Key points
- Who
- One spouse has lived in Texas for the preceding 6 months and in the county for the preceding 90 days. A spouse living elsewhere can file where the Texas spouse lives.
- Wait
- No divorce before the 60th day after filing, except in some family violence cases. A final hearing, often a short prove-up, comes at the end.
- Cost
- $350 base filing fee in each county checked, set by state law; more with children ($401 in Tarrant). A Statement of Inability asks the court to waive it.
- After
- Neither of you may marry someone else before the 31st day after the decree. The decree can restore a name you used before.
A Texas divorce is filed in the district court of the county where you or your spouse lives. Texas allows a no-fault divorce on the ground of insupportability, divides community property in a way the court deems just and right, and requires a final hearing after a waiting period of at least 60 days.
This page goes deeper on Texas only: residency and the military rules, every ground, the steps from petition to decree, service and waivers, the answer deadline, the temporary orders, the fees in four counties, property, spousal maintenance with a cap calculator, and what happens after the decree. For how divorce works in other states, see how to file for divorce.
Who can file for divorce in Texas, and where
When you file, you or your spouse must have been a domiciliary of Texas for the preceding six-month period, and a resident of the county where you file for the preceding 90-day period. You file in that county's district court. Fam. Code § 6.301 · Texas State Law Library
- Spouse in another state or country. If one spouse has lived in Texas for at least the last six months, the other spouse, living elsewhere, can file in the county where the Texas spouse lives.Fam. Code § 6.302
- Military service. Time spent outside Texas or the county in the armed forces or other U.S. or state service, or accompanying a spouse in that service, counts as residence. A service member stationed in Texas for the last six months, and in a county for the last 90 days, is treated as a Texas domiciliary and a resident of that county, and so is a spouse with them.Fam. Code §§ 6.303, 6.304
- A spouse who moved away. A Texas court can still decide the case against a spouse living elsewhere if Texas was your last marital residence and you file before the second anniversary of the day you stopped living there together.Fam. Code § 6.305
Grounds for divorce in Texas
Most Texas divorces use the no-fault ground, insupportability: the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. The other grounds can matter for the property division and spousal maintenance. Fam. Code § 6.001
| Ground | What it takes | Section |
|---|---|---|
| Insupportability | Discord or conflict of personalities, no reasonable expectation of reconciliation | § 6.001 |
| Cruelty | Cruel treatment that makes living together insupportable | § 6.002 |
| Adultery | The other spouse committed adultery | § 6.003 |
| Felony conviction | Convicted during the marriage, imprisoned for at least one year, and not pardoned | § 6.004 |
| Abandonment | Left with the intention of abandonment and stayed away for at least one year | § 6.005 |
| Living apart | Lived apart without cohabitation for at least three years | § 6.006 |
| Mental hospital | Confined for at least three years, with adjustment unlikely or a relapse probable | § 6.007 |
A divorce for a felony can't be granted against a spouse convicted on the other spouse's testimony. The old defenses of recrimination and adultery are abolished, and condonation works as a defense only if there is a reasonable expectation of reconciliation. Fam. Code §§ 6.004(b), 6.008
How to file for divorce in Texas, step by step
- Prepare the petition. It is titled In the Matter of the Marriage of the two of you. It must say whether a protective order is in effect or an application is pending, and whether you have children under 18 or otherwise entitled to support; with children, it includes a suit affecting the parent-child relationship.
- File it with the district clerk, with the vital statistics report. File in person or through eFileTexas.gov, which is free to use, though court fees still apply. With the petition you file the Information on Suit Affecting the Family Relationship, the form the State Law Library says is known as the Austin or Bureau of Vital Statistics form.
- Pay the fee, or ask the court to waive it. The base fee is $350 in each county we checked. If you can't afford it, file a Statement of Inability to Afford Payment of Court Costs.
- Have your spouse served, or get a waiver. A constable, sheriff or other authorized person serves the citation and petition, first in person or by certified mail. Or your spouse signs a waiver of service after the case is filed (below).
- Wait for the answer. Your spouse's written answer is due by 10 a.m. on the Monday after 20 days have passed since service. It doesn't have to be sworn. If no answer comes, you can ask for a default, but you still have to prove your case.
- Wait the 60 days, then the final hearing. The judge can't grant the divorce before the 60th day after filing. Set the final hearing the way your county does it; in an agreed case it is a short prove-up, and many courts accept a prove-up affidavit instead.
- Get the signed decree. The Final Decree of Divorce states the date of the marriage and divides the property. If your spouse waived service, the clerk mails them notice that the decree was signed.
Fam. Code §§ 6.401, 6.403, 6.405, 6.406, 6.409, 6.410, 6.701, 6.702, 6.710, 6.712 · Texas State Law Library
Checklist
Before your Texas final hearing: is everything done?
Tick each step as you finish it.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Service, the waiver of service, and the answer deadline
- Who serves. Only people Rule 103 allows: a constable, a sheriff, or another person authorized by the court or by law. The server must first try to deliver in person or by certified mail.Texas State Law Library
- If that fails. The court can allow substituted service, including by e-mail or social media. If your spouse can't be found after a diligent search, service can be by posting or by publication; you can't serve by posting if there are minor children. Publication is one time only, and without children the citation can be posted at the courthouse door for seven days.Fam. Code § 6.409 · Texas State Law Library
- The waiver of service. Your spouse can sign a waiver acknowledging receipt of a copy of the filed petition. It must be signed after the suit is filed, give their mailing address, and be sworn before a notary public who is not an attorney in the suit, unless they are incarcerated. A digitized signature is allowed.Fam. Code § 6.4035
- Specific or global waiver. A specific waiver gives up only formal notice of the suit. A global waiver gives up the right to take part in the case. Read it before you sign.Texas State Law Library
The answer deadline. The citation says that if no written answer is filed with the clerk by 10 a.m. on the Monday next following the expiration of 20 days after service, a default judgment may be taken. Count 20 days, weekends included, then go to the next Monday; if the 20th day is a Monday, go to the following Monday. Fam. Code § 6.409(b) · Texas State Law Library
Temporary restraining orders and temporary orders
After the petition is filed, the court can grant a temporary restraining order without notice, to preserve the property and protect the parties. It can forbid, among other things: Fam. Code § 6.501(a)
- harassing messages, and causing bodily injury to the other spouse or a child;
- selling, hiding, mortgaging or giving away property, taking on debt other than legal expenses, and withdrawing money from bank or retirement accounts;
- changing life insurance beneficiaries, or cancelling life, auto or health insurance;
- opening the other spouse's mail or e-mail, using their passwords, or deleting social media content;
- cutting off utilities, or tracking a spouse or their car without consent.
It can't exclude a spouse from the home they live in, except through a protective order, or stop a spouse from paying reasonable living expenses or running their usual business. After notice and a hearing, the court can make temporary orders: a sworn inventory, support for a spouse, attorney's fees, a receiver, or one spouse's exclusive use of the home while the case goes on. Violating them is contempt. Fam. Code §§ 6.501(b), 6.502, 6.506
The 60-day waiting period and its exceptions
The court may not grant a divorce before the 60th day after the date the suit was filed. It is a minimum: the case still needs a final hearing, and a contested case takes longer. Fam. Code § 6.702(a)
There is no waiting period if the court finds that your spouse was finally convicted of, or got deferred adjudication for, an offense involving family violence against you or a member of your household, or that you have an active protective order or a magistrate's emergency protection order against your spouse for family violence during the marriage. An annulment has no waiting period. Fam. Code § 6.702(b), (c)
If reconciliation seems possible, the court can continue the case for counseling for up to 60 days, and either spouse can ask for a jury. Fam. Code §§ 6.505(d), 6.703
What a Texas divorce costs
The base filing fee is set by state law, and it was $350 in every county we checked: a $137 state consolidated fee plus a $213 local consolidated fee. Counties add their own fees when there are children, and service costs extra. Local Gov't Code §§ 133.151, 135.101 · county district clerks
| County | Divorce without children | With children | Citation and service |
|---|---|---|---|
| Travis (from January 1, 2026) | $350 | $350 plus a $15 domestic relations office fee | $8 citation; $90 constable or $85 certified mail by the clerk |
| Tarrant (from January 1, 2026) | $350 | $401 | $8 citation; $98 constable or $90 certified mail |
| Williamson (from February 1, 2026) | $350 | Ask the clerk | $8 citation; $70 certified mail by the clerk |
| Denton | $350 | Ask the clerk | Ask the clerk |
If you can't afford the fees, file a Statement of Inability to Afford Payment of Court Costs, also called an affidavit of indigency, with the petition. A waiver of service avoids the service fee. After the divorce, Travis County charges $10 for a certificate of divorce and $10 for a change of name certificate. Texas State Law Library · Travis County District Clerk
Dividing property: community property and a just and right division
- Separate property. What a spouse owned or claimed before marriage, what they received during marriage by gift, will or inheritance, and a personal injury recovery, except for lost earning capacity during the marriage.Fam. Code § 3.001
- Community property. Everything else either spouse acquired during the marriage.Fam. Code § 3.002
- The presumption. Property either spouse has during or at the end of the marriage is presumed to be community property; proving it separate takes clear and convincing evidence.Fam. Code § 3.003
- The division. The court divides the estate in a manner it deems just and right, with due regard for the rights of each party and any children. On request, the court states the value it gave each disputed asset and debt.Fam. Code §§ 7.001, 6.711
The State Law Library notes that you have two years from the final decree to ask the court to enforce the property division, and warns that transferring the house with a quitclaim deed can cause problems with the title. More in property division.
Spousal maintenance in Texas
Court-ordered maintenance after a Texas divorce is limited. The spouse asking must lack enough property, including separate property, to meet minimum reasonable needs, and one of these must be true: Fam. Code § 8.051
- the other spouse was convicted of, or got deferred adjudication for, family violence against the spouse or the spouse's child within two years before the divorce was filed or while it is pending;
- the spouse can't earn enough because of an incapacitating physical or mental disability;
- the marriage lasted 10 years or longer and the spouse lacks the ability to earn enough; or
- the spouse cares for a child of the marriage, of any age, who needs substantial care because of a disability.
| Length of marriage | Longest maintenance order |
|---|---|
| Less than 10 years (family violence ground) | 5 years |
| 10 to 20 years | 5 years |
| 20 to 30 years | 7 years |
| 30 years or more | 10 years |
The cap. The court may not order monthly maintenance of more than the lesser of $5,000 or 20 percent of the paying spouse's average monthly gross income. Gross income doesn't count VA service-connected disability compensation, SSI, Social Security and disability benefits, or workers' compensation. The court limits the order to the shortest reasonable period, and a disability case can last as long as the spouse still qualifies. While the case is pending, the court can order temporary support for either spouse. Fam. Code §§ 8.054, 8.055, 6.502 More in alimony.
Calculator
The most a Texas court can order in spousal maintenance
1. Which rule?
Fill in the steps to see the answer.
Uses only the numbers on this page, each from its official source. Nothing you type leaves your device. Not legal advice.
With children: the extra parts
- If you are the parents of a child, the divorce must include a suit affecting the parent-child relationship: custody, called conservatorship in Texas, possession and child support. Fam. Code § 6.406
- The court may order both parents to take a parent education and family stabilization course of 4 to 12 hours, costing no more than $100; missing it can't delay the judgment. Fam. Code § 105.009
- Child support is paid through the State Disbursement Unit, and the decree and the withholding order must say so. Travis County District Clerk
See Texas child support for the guideline percentages and a calculator, and child custody.
Texas divorce forms: what is official
Texas has very few official legal forms. The State Law Library says there is only one official divorce form set: the forms approved by the Supreme Court of Texas for agreed, uncontested divorces with no children and no real property. Other kits for divorces with children come from legal aid groups, and eFileTexas.gov has guided interviews under Family Cases. Texas State Law Library
The Information on Suit Affecting the Family Relationship (vital statistics form VS-165) is filed with your papers. Travis County's district clerk doesn't provide forms, and self-represented parties there must have their forms reviewed at the Travis County Law Library's family law case review before the final hearing. Fam. Code § 6.410 · Travis County District Clerk
After the decree: your name, remarriage and records
- Your former name. The court must change your name to a name you used before if you ask, unless it states a reason not to, and it can't refuse only to keep a family's last names the same. It can't give you a new name you never used.Fam. Code § 6.706 · Texas State Law Library
- Remarriage. Neither of you may marry a third party before the 31st day after the divorce is decreed. You may remarry each other at any time, and the court can waive the wait for good cause.Fam. Code §§ 6.801, 6.802
- The decree. Certified copies of the decree come only from the district clerk of the county where the divorce was granted.Texas DSHS · Texas State Law Library
- The Texas divorce index. Vital Statistics issues letters verifying that a divorce was recorded, for divorces since 1968, at $20 each, and keeps public divorce indexes by year. A verification letter is not a substitute for the decree.Texas DSHS Vital Statistics
Free help in Texas
Common questions about divorce in Texas
How long does a divorce take in Texas?
At least 60 days: the judge can't grant it before the 60th day after the petition was filed, except in some family violence cases. An agreed divorce can end at the first final hearing after that; a contested one takes longer.
How much does it cost to file for divorce in Texas?
The base filing fee was $350 in Travis, Tarrant, Williamson and Denton counties, set by state law. Counties add fees with children ($401 in all in Tarrant) and charge for service, such as $8 for the citation and $70 to $98 to serve it. A Statement of Inability asks the court to waive the fees.
Is Texas a 50/50 divorce state?
Texas is a community property state, but the court divides community property in a manner it deems just and right, not by a fixed rule. Each spouse keeps separate property, which must be proved by clear and convincing evidence.
Can I get a divorce in Texas if my spouse won't sign?
Yes. Your spouse is served by a constable, sheriff or other authorized person; if no answer is filed by 10 a.m. on the Monday after 20 days, you can ask for a default, though you still prove your case at the hearing.
Does Texas have alimony?
Court-ordered spousal maintenance exists only in limited cases, such as a marriage of 10 years or longer where a spouse can't earn enough, a disability, or family violence. It is capped at the lesser of $5,000 a month or 20 percent of the paying spouse's average monthly gross income.
How do I find a divorce record in Texas?
Get a certified copy of the decree from the district clerk where the divorce was granted. Texas Vital Statistics verifies divorces since 1968 for $20 and publishes divorce indexes.
When can I remarry after a Texas divorce?
On the 31st day after the divorce is decreed, 31 days after the decree, unless the court waives the wait for good cause. You can remarry your former spouse at any time.
Official sources
- Texas Family Code chapter 6: suit for dissolution of marriage (§§ 6.001-6.802) tcss.legis.texas.gov
- Texas Family Code chapter 3: separate and community property (§§ 3.001-3.003) tcss.legis.texas.gov
- Texas Family Code chapter 7: award of the marital estate (§ 7.001) tcss.legis.texas.gov
- Texas Family Code chapter 8: spousal maintenance (§§ 8.051-8.055) tcss.legis.texas.gov
- Texas Family Code chapter 105: parent education course (§ 105.009) tcss.legis.texas.gov
- Texas State Law Library: Divorce guides.sll.texas.gov
- Texas State Law Library: Filing for divorce (where to file, official forms, fee waiver, e-filing) guides.sll.texas.gov
- Texas State Law Library: Serving divorce papers guides.sll.texas.gov
- Texas State Law Library: Answering the divorce (deadline, waivers, default) guides.sll.texas.gov
- Texas State Law Library: Finalizing the divorce (hearing, prove-up) guides.sll.texas.gov
- Texas State Law Library: Divorce legal forms guides.sll.texas.gov
- Texas State Law Library: After the divorce (name, records, enforcement) guides.sll.texas.gov
- Travis County District Clerk: fees traviscountytx.gov
- Travis County District Clerk: filing fees effective January 1, 2026 (PDF) traviscountytx.gov
- Travis County District Clerk: divorce traviscountytx.gov
- Tarrant County District Clerk: family cases filing and service fees, effective January 1, 2026 (PDF) tarrantcountytx.gov
- Williamson County District Clerk: fees wilcotx.gov
- Denton County District Clerk: civil and family original suits dentoncounty.gov
- Texas DSHS Vital Statistics: marriage and divorce records dshs.texas.gov
- Texas DSHS Vital Statistics: marriage and divorce indexes dshs.texas.gov
- Texas DSHS Vital Statistics: costs and fees dshs.texas.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.