If you are thinking about getting a divorce in Texas, the process is usually more straightforward than the legal language makes it sound. In basic terms, you file a divorce petition with the right Texas court, make sure the other spouse receives the required legal notice, work out issues such as property and children, wait the required period, and then ask the court to sign the Final Decree of Divorce.
Texas generally requires one spouse to have lived in Texas for at least six months and in the county where the case is filed for at least 90 days. Texas also has a 60-day waiting period in most divorce cases. There are limited family-violence exceptions to that waiting period.
This guide explains the process in plain English, including what forms you may need, where to file, what happens if your spouse agrees or does not respond, and what can make a divorce more complicated.
What are the basic requirements for a divorce in Texas?
Before you start, make sure Texas is the right place to file. Under Texas Family Code § 6.301, either you or your spouse generally must have been a Texas resident for the six months immediately before filing. The person whose residency you are using must also have lived in the Texas county where you file for at least 90 days.
There are special rules for some military families and spouses who live outside Texas. If neither spouse meets the normal residency requirements, it is worth getting legal advice before filing.
Official source: Texas Family Code, Chapter 6.
How do you file for divorce in Texas?
Think of the process as a series of steps rather than one giant legal event.
1. Decide where to file
Texas divorce cases are filed in the appropriate county court. The correct county matters because Texas has specific residency rules, and filing in the wrong place can create problems.
Your local district clerk can tell you where family-law cases are filed in your county. TexasLawHelp also provides county and case-specific guidance for people representing themselves.
2. Fill out the Original Petition for Divorce
The Original Petition for Divorce is the document that starts the case. It tells the court that you want a divorce and gives basic information about the marriage and the orders you are asking the court to make.
The exact petition depends on your situation. For example, Texas has different approved forms for divorces with minor children and divorces without minor children. The Texas Supreme Court publishes approved divorce forms, and TexasLawHelp provides step-by-step instructions for self-represented people.
See the Texas Supreme Court’s official forms page and TexasLawHelp’s divorce resources.
3. File the paperwork with the court
When you file, you will normally have to pay a filing fee. The amount is not one statewide price; it can vary by county and by what services your case requires.
If paying court costs would create a financial hardship, Texas provides a process for asking the court to waive certain costs. TexasLawHelp calls this a Statement of Inability to Afford Payment of Court Costs.
4. Make sure your spouse receives legal notice
After the case is filed, your spouse generally must receive legal notice unless they properly waive service or the case follows another procedure allowed by Texas law.
This is important: simply telling your spouse that you filed for divorce is not necessarily the same thing as completing legal service.
What happens if both spouses agree?
An agreed or uncontested divorce can be simpler because you and your spouse have already reached an agreement on the issues that need to be resolved.
That can include property, debts, a name change, and, when children are involved, conservatorship, possession and access, and child support. The agreement still needs to be put into the proper court documents and approved through the legal process.
Even when everything is friendly, read the final paperwork carefully before signing it. The Final Decree is the document that ends the marriage and contains the orders that will govern the issues covered by the case.
What if your spouse does not agree?
A divorce does not automatically stop because your spouse does not want a divorce. But disagreement can turn the case into a contested divorce, which is more complicated.
Disputes about children, property, retirement accounts, debts, support, or other important issues may require negotiations, mediation, temporary orders, hearings, or a trial. TexasLawHelp specifically recommends getting legal help when the parties cannot agree on important issues.
How long does a divorce take in Texas?
Texas law generally prevents a court from granting a divorce before the 60th day after the divorce suit was filed. This is commonly called the 60-day waiting period.
The waiting period does not mean every Texas divorce is finished exactly 60 days after filing. You can still have unresolved issues, court scheduling delays, service problems, or other steps that take longer.
There are limited exceptions when family violence is involved. Texas Family Code § 6.702 allows the waiting period to be waived in certain cases involving a final conviction or deferred adjudication for family violence, or an active protective or emergency-protection order based on family violence.
Official source: Texas Family Code § 6.702.
What forms do you usually need?
The forms depend on your situation. A divorce without minor children is different from a divorce involving children, and an agreed case is different from a contested case.
| Document | What it does |
|---|---|
| Original Petition for Divorce | Starts the divorce case and tells the court what you are asking for. |
| Waiver of Service or proof of service | Shows that the other spouse received or properly waived legal notice, when applicable. |
| Final Decree of Divorce | Ends the marriage and sets out the court’s final orders. |
| Child-related forms | Used when the case involves minor children, parenting arrangements, and support. |
| Fee-waiver paperwork | May be used if you cannot afford the court costs. |
Do not assume that one generic divorce form works for every case. Use the current forms that apply to your circumstances.
What happens to property and debt?
A divorce does more than end the marriage. If you and your spouse have property or debts, those issues may also need to be addressed.
That can include a home, vehicles, bank accounts, credit cards, retirement accounts, business interests, and other property. If you cannot agree about these issues, the case can become much more complicated.
Do not transfer, hide, sell, or give away major marital assets simply because a divorce has started. If there is a dispute over significant property or debt, getting advice from a Texas family-law attorney can be important.
What if you have children?
When minor children are involved, the divorce also has to address parenting and financial support. Texas uses court orders to establish the parents’ rights and responsibilities, including possession and access and child support.
TexasLawHelp has separate instructions for divorces involving children. Use those materials rather than trying to adapt a no-children divorce packet to a case involving children.
A simple Texas divorce checklist
- Check the Texas and county residency requirements.
- Choose the correct county and court.
- Use the current divorce forms for your situation.
- Complete the Original Petition for Divorce.
- File the petition and pay the applicable court costs, or request a fee waiver if you qualify.
- Complete legal notice or the appropriate waiver process for your spouse.
- Resolve property, debt, parenting, and support issues that apply.
- Wait through the required 60-day period unless a legal exception applies.
- Complete the Final Decree of Divorce.
- Attend any required hearing and make sure the signed Final Decree is properly filed.
Questions people often ask
Can I file for divorce in Texas if my spouse lives in another state?
Sometimes. Texas law has specific rules for a nonresident spouse when the other spouse has been a Texas domiciliary for at least six months. Where the case should be filed can depend on the circumstances.
Do we have to go to court?
Not every divorce requires a full trial. An agreed case may be handled through a simpler process, but you still have to complete the required court steps and obtain the court’s final order.
Can I get divorced in less than 60 days?
Usually no. Texas law generally requires the 60-day waiting period, with limited family-violence exceptions.
How much does a Texas divorce cost?
There is no single statewide total. Filing, service, and other costs can vary by county and by how complicated the case becomes. Ask the district clerk for current local fees before filing.
Can I do a Texas divorce without a lawyer?
Yes, some people represent themselves, especially in straightforward agreed cases. But a contested divorce, significant property, business interests, retirement accounts, or disputes involving children can create issues where legal advice is particularly important.
Helpful Texas resources
If you are also dealing with another Texas legal issue, you may find our guides on creating a will in Texas, Texas small claims court, Texas residential leases, and Texas employment law useful starting points.
Last reviewed: October 1, 2026.
