How to File for Divorce in Texas

In Texas, divorce for any married couple severs the marital relationship and divides assets and debts. While the outcome is the same, the divorce proceedings can vary, with less work for amicable separations versus contested ones. Before you take this step, let’s review Texas’ primary divorce laws and the steps you’ll need to take in order to file. 

Texas divorce laws

The procedures and requirements to get a divorce in Texas—legally known as a “dissolution of marriage”—fall under Texas Family Code Chapter 6. Here’s what you should know: 

Residency requirements

To file for divorce, one party must have lived in Texas for at least six months and in the county where they file for at least 90 days (Sec. 6.301). You typically can prove residency with your driver’s license, car and voter registration, or similar forms of state-issued identification. 

Grounds for divorce

Spouses in Texas can file for an at-fault or no-fault divorce. In a no-fault divorce, neither spouse must prove that the other did something wrong to end the marriage. In Texas, this is legally cited as “insupportability,” which essentially means the relationship has failed with no reasonable expectation of reconciliation (Sec. 6.001).  

Conversely, in an at-fault divorce, one spouse claims that the other’s actions or behavior led to the breakdown of the marriage. Texas laws recognize several fault-based grounds for divorce (Secs. 6.002-7):

• Cruelty
• Adultery
• Conviction of a felony and imprisonment for at least one year (unless there has been a pardon or the conviction was based on the testimony of the spouse)
• Abandonment for one year
• Living apart without cohabitation for at least three years
• Confinement to a mental hospital for at least three years with no likelihood of permanent adjustment (i.e., improvement or recovery)

While proving fault can add complexity to the process, it could potentially result in a more favorable division of marital property for the innocent spouse, as courts can consider misconduct when making these decisions. 

However, fault-based divorces typically lead to longer and more contentious legal proceedings, which is why many spouses opt for no-fault instead. 

Contested vs. uncontested divorce in TX

Depending on the circumstances of your separation, you’ll either pursue a contested or uncontested divorce. It’s worth noting that uncontested divorces are also no-fault, whereas a contested divorce can be either at-fault or no-fault. 

The simplest procedure is an uncontested divorce—also known as “agreed divorce” in Texas— where you and your spouse can reach an agreement about all issues, including property division, alimony, and child custody and support. If so, you can submit the agreement to the court, attend a hearing, and enter your Decree of Divorce, provided the court accepts the proposed terms.  

On the other hand, a contested divorce occurs when you both can’t agree to one or more of the issues mentioned before. It's still possible to resolve contested divorces out of court and avoid a trial, but they’re generally longer and expensive, involving most of the process below. 

How to get a divorce in Texas in 8 steps

Regardless of which type of divorce you pursue, you’ll follow the same steps to file the necessary paperwork and initiate the court process. Here’s how: 

1. Consult a divorce attorney

If you haven’t already, you should consult a divorce attorney before you file. While you aren’t required to hire one, representing yourself throughout the Texas divorce process carries significant risks, especially when disputes over property, spousal support payments, or child custody are involved. 

You might also consider partial representation if full legal representation doesn’t fit your budget or preferences. This could involve having an attorney review your documents, advise on a specific part of your case, or represent you in certain proceedings. 

Many attorneys offer free or low-cost initial consultations, so it’s at least worth contacting one to review their services. To get started, we can help you find an experienced divorce attorney in Texas who can assess the specifics of your case and advise you on the best way to proceed. Simply refer to our online network of attorneys for more information. 

2. Prepare divorce forms

The divorce forms you’ll need to file in Texas depend on your situation. There’s one set of official divorce forms approved by the Texas Supreme Court, but these are limited to agreed divorces with no real property or minor children. 

For other situations, TexasLawHelp.org provides separate packets for agreed or default divorces that meet these criteria: 

• Divorce with no children
• Divorce with minor children
• Divorce with minor children and a final custody and support arrangement 

Each packet has instructions and resources to help you complete them, but remember that these are only for agreed and default divorces. In other words, you should only use these forms if your divorce is uncontested, whether because your spouse agrees with the terms or can’t be reached. 

If none of these packets apply to your situation, it’s highly recommended to consult an attorney, as the Texas court system doesn’t provide additional resources beyond the ones listed here. 

3. File the petition

After you've gathered all the required documents, along with a petition for divorce, you’ll file the completed forms with the appropriate court. You may file in the district court of the county where one party has resided for at least 90 days, provided you also meet the six-month residency requirement discussed earlier. 

4. Serve divorce papers

After filing your divorce petition and forms, you must notify your spouse of the legal proceedings, officially known as “service of process.” However, your spouse doesn’t need to be officially served if they voluntarily accept them and sign either a respondent’s original answer form or a waiver of service form, which must also be notarized. 

If this isn’t possible, you can have a constable, sheriff, private process server, or the court clerk serve the papers to your partner in one of the following ways: 

• Personal service (for example, hand delivery)
• Certified mail, return receipt requested 
• Substituted service by court order (such as leaving the papers with someone at their residence) 

Texas also allows you to serve your spouse by posting the divorce notice at the courthouse or publishing it in a local newspaper. However, these methods are rare and should only be considered after speaking with an attorney. 

5. Response and temporary orders

Your spouse typically has 20 to 30 days (depending on the county) to file a response after receiving the divorce papers. They may agree with the terms you’ve proposed, counter with terms of their own, or contest specific issues. In case of no response, the court might consider a default judgment after multiple attempts to reach them. 

During this period (provided your spouse replies), either of you can ask the court for temporary orders. These short-term arrangements protect each party’s interests while the divorce is pending, such as deciding who lives in the family home or how to set up temporary child custody (Sec. 6.502).

6. Financial disclosure

If you and your spouse can’t agree on property division, alimony, or child-related issues, the court will require both parties to provide detailed financial information. This includes sworn financial affidavits, relevant financial records (such as bank statements and tax returns), and a complete list of all assets and debts. 

Even if you’re pursuing an uncontested divorce, this step can help ensure you and your spouse reach a fair settlement agreement and rule out any hidden assets. Above all else, be thorough and honest in your disclosures, as providing false information can lead to legal consequences. 

7. Negotiate and settle

As the court date nears, it’s beneficial for both parties to attempt to reach a settlement. You can try to negotiate in a few different ways, such as: 

• Direction negotiations. You and your spouse can try to reach an agreement on your own or through your divorce attorneys. 
• Mediation. A neutral third party facilitates discussions to ideally find common ground. 
• Collaborative divorce. Each party hires a specialized lawyer (not to be confused with a divorce lawyer) to assist them in reaching an agreement. Both parties must agree to the process, and either may stop it at any time. 

Any agreement, assuming it’s valid and accepted by the court, will be incorporated into the decree of divorce. This effectively prevents the need to resolve disputes in court, thus saving both parties time, legal expenses, and stress. 

8. Court hearing and final judgment

Except for cases involving domestic violence, Texas courts won’t hold a final hearing until at least sixty days have passed since filing the divorce petition. When this day comes, both parties and their attorneys (if any) attend the hearing, present evidence and arguments, and defend their respective positions. 

The judge reviews all information, including any settlement agreements (even if partial), and makes decisions on unresolved issues. In the end, the judge issues a final divorce decree, which legally ends your marriage and outlines terms for property division, child custody, support, and other matters relevant to your separation. 

How much does divorce cost in Texas?

The cost of divorce in Texas can vary significantly, depending on the following factors: 

• Filing fees. These vary by county but can range from $200 to $400 or more. It’s best to check with your county clerk’s office for the exact amount. If you can’t afford the filing fees, you can submit a request to the court to waive them. 
• Attorney fees. If you hire an attorney, this will likely be your largest expense, with the median cost for an experienced divorce attorney around $7,000. However, rates may be higher or lower in Texas, depending on your exact location and specific circumstances. 

Other services (such as hiring a private mediator or a property appraiser) can also add to the total costs. However, the exact amount ultimately depends on the complexity of your divorce, how much work is involved, and whether your case proceeds to trial. 

Property division in Texas

The court’s primary role is to order a division of property that it deems “just and right,” as outlined in Texas Family Code Chapter 7. This doesn’t guarantee an equal 50/50 split, and Texas law also recognizes two types of property in a marriage: 

• Separate property. This includes property acquired before marriage, during the marriage by gift or inheritance, or received as recovery for personal injuries (other than for loss of earning capacity). Generally, each party will keep their separate property. 
• Community property. All other property acquired during the marriage is considered community property, regardless of which spouse acquired it. This is the property that the court will divide in a divorce.

The court considers numerous factors when dividing community property, including each spouse’s earning capacity, age, fault in the breakup of the marriage (if an at-fault divorce), and health, among others. 

Alimony in Texas

Alimony is referred to as maintenance in Texas. According to Texas Family Code Chapter 8, maintenance may be ordered in the following situations:

• Long-term marriages. The marriage lasted at least ten years, and the spouse seeking maintenance can’t meet their basic needs. 
• Disability. The spouse seeking maintenance is disabled or cares for a disabled child, which prevents them from earning enough income to meet their basic needs. 
• Domestic violence. The paying spouse was convicted of an act of family violence within two years before filing for divorce or during the divorce process. 

Absent an agreement of the parties, the judge will determine the nature, amount, duration, and manner of payment of maintenance based on various described in the Texas Family Code. 

Child custody and support in Texas

Custody in Texas is called “conservatorship.” Texas child custody law favors: 

• Frequent and continuing contact between parents and child
• A safe, stable, and nonviolent environment for the child
• Parents sharing the rights and duties of raising their child

If you and your spouse agree on a parenting plan, the judge will typically accept it unless it’s deemed not in the child’s best interest. Otherwise, Texas law leaves it up to the discretion of the judge, with the only factors mentioned in the law being the wishes of the child, if at least age 12, and any evidence of false child abuse reports by a party. 

On the other hand, child support is determined by the Texas Child Support Guidelines, which consider the income of the paying spouse and the number of children. The Texas Attorney General also offers a child support calculator, but keep in mind that it only provides a general estimate, and the court may deviate from these guidelines if the amounts are deemed unjust in a particular case. 

FAQs

How quickly can you get a divorce in Texas?

In Texas, there’s a 60-day waiting period after filing the divorce petition before it can be finalized. This means the absolute minimum to get divorced is 61 days. However, most divorces take longer, especially with complex disputes or a busy court schedule. 

How do I get a name change in Texas divorce? 

If you’re the filing spouse, you can get a name change by submitting a request with your initial divorce petition. If your spouse filed for divorce, you can also request a name change in your response after being served. 

How long do I have to wait to remarry after divorce?

Texas imposes a 30-day waiting period before you can remarry after your divorce. However, the court may waive this waiting period if there’s a good reason, so it’s best to check with an attorney if you’re in this position. 

Edward A. Haman, Esq., contributed to this article.