Texas has a mandatory 60-day waiting period from the date you file for divorce — no exceptions, even if you both agree on everything. That's the minimum. In practice, most uncontested divorces in Texas take 60-90 days. Contested cases can stretch much longer.
Texas is a community property state, which means everything acquired during the marriage belongs equally to both spouses. That simplifies the property discussion in some ways, but Texas courts also have the discretion to divide community property in a way that's "just and right" — which doesn't always mean 50/50.
Quick Overview: Texas Divorce
Texas is a No-fault + fault state with Community Property for property division.
Key Facts About Texas Divorce
- Residency requirement: 6 months
- Filing fee: 50-50
- Typical timeline: 60+ days
- Property division: Community Property
- Grounds: No-fault + fault
Step-by-Step: How to File for Divorce in Texas
Step 1: Make Sure You Meet the Residency Requirement
To file for divorce in Texas, you or your spouse must have been a resident of the state for 6 months before filing.
You'll need to prove residency with documents like a driver's license, voter registration, or lease agreement.
Step 2: Gather Required Documents
Before you file, collect:
- Marriage certificate (original or certified copy)
- Financial records: tax returns, pay stubs, bank statements, investment accounts
- Property records: deeds, mortgage statements, vehicle titles
- Debt information: credit cards, loans, mortgages
- Child custody information (if you have minor children): birth certificates, school records, childcare costs
Step 3: Complete the Divorce Forms
In Texas, you'll need to complete:
- Petition for Dissolution of Marriage (or Complaint for Divorce) — The main form that starts the divorce process
- Summons — Legal notice to your spouse
- Financial affidavits — Income, expenses, assets, and debts
- Child custody and support forms (if applicable)
- Property division worksheets
You can get these forms from:
- Texas court websites (search "Texas divorce forms")
- Your local family court clerk's office
- Legal aid organizations in Texas
Step 4: File Your Forms with the Court
Once your forms are complete, file them with the Texas family court (also called circuit court, superior court, or district court depending on the county).
Filing Fee: 50-50 (non-refundable)
If you can't afford the filing fee, you can request a fee waiver by filing an Affidavit of Indigency or similar form showing financial hardship.
Pro Tip: File in the Right County
Texas has over 250 counties and procedures vary. Harris County (Houston) and Dallas County have dedicated family courts with extensive self-help resources. Smaller counties may combine family and civil courts.
Step 5: Serve Your Spouse
After filing, you must legally "serve" your spouse — meaning they must be officially notified of the divorce.
Texas allows service by personal delivery (sheriff, constable, or process server) or by your spouse signing a waiver of service. The waiver is strongly preferred for uncontested cases.
In Texas, acceptable methods include:
- Sheriff or process server — Most common method
- Certified mail (in some cases)
- Personal delivery by a non-party adult (not you)
- Acceptance of service — Your spouse signs a form acknowledging receipt
You cannot serve the papers yourself. You must use one of the approved methods under Texas law.
Step 6: Wait for Your Spouse's Response
Once served, your spouse has a set amount of time (typically 20-30 days in Texas) to file a response or answer.
If your spouse:
- Agrees with everything: The divorce can proceed as uncontested (faster and cheaper)
- Disagrees or contests issues: You may need mediation or a contested hearing
- Doesn't respond: You can request a default divorce (the court can grant the divorce without your spouse's input)
Step 7: Negotiate and Finalize Settlement
If both parties agree (uncontested divorce), you'll create a settlement agreement covering:
- Property division: Who gets what assets and debts
- Alimony/spousal support: If applicable
- Child custody and visitation: Legal and physical custody arrangements
- Child support: Calculated according to Texas guidelines
Property Division in Texas
Texas follows Community Property, which means:
- Assets and debts are divided fairly (not necessarily 50/50)
- The court considers factors like length of marriage, income, contributions, and needs of each party
- Marital property (acquired during marriage) is divided; separate property (owned before marriage or inherited) typically stays with the owner
Step 8: Attend the Final Hearing (if required)
Depending on your county and case, Texas may require a final hearing where:
- A judge reviews your settlement agreement
- You answer a few basic questions under oath
- The judge signs the final divorce decree
In some uncontested cases, Texas allows the divorce to be finalized without a hearing if all paperwork is correct.
Step 9: Receive Your Divorce Decree
Once the judge approves, you'll receive a final divorce decree (also called Judgment of Dissolution). This is the official document ending your marriage.
The divorce is final on the date the decree is signed. You'll receive certified copies for your records.
You're Officially Divorced
Once the decree is signed, your marriage is legally dissolved. Follow through on any requirements in the decree (transferring property, changing beneficiaries, etc.).
How Long Does a Divorce Take in Texas?
The timeline for divorce in Texas depends on several factors:
- Uncontested divorce: 60+ days (if both parties agree)
- Contested divorce: 6-12+ months (or longer with complex disputes)
- Court backlog: Some counties have delays due to caseloads
How Much Does a Divorce Cost in Texas?
DIY uncontested divorce: 50-50 filing fee + minimal costs for forms/service (under $500 total)
Attorney-assisted divorce: $3,000-$15,000+ (depends on complexity and attorney rates)
Contested divorce with trial: $15,000-$30,000+ (can be much higher with complex assets or custody disputes)
When to Hire a Lawyer
You should strongly consider hiring an attorney if:
- Your spouse is contesting the divorce
- You have significant assets or complex property division
- Child custody is disputed
- There's domestic violence or abuse
- Your spouse has hired a lawyer
For simple, uncontested divorces where both parties agree, you can file yourself and save thousands in legal fees.
Common Questions About Texas Divorce
Do I need a lawyer to get divorced in Texas?
For a simple uncontested divorce in Texas, self-filing is common and the courts accommodate it. Texas provides basic divorce forms, and many county courts have self-help centers. But community property division with real estate, retirement accounts, or businesses warrants legal advice.
Can I get divorced in Texas if my spouse doesn't agree?
Yes. Texas allows no-fault divorce based on "insupportability" (the marriage has become insupportable due to discord or conflict). One spouse can file, and the other's consent isn't required.
How is property divided in a Texas divorce?
Texas uses Community Property, which means the court divides marital property fairly (not necessarily equally). Separate property typically stays with the owner.
What if we have children?
Texas courts use the best interests of the child standard. The state has detailed guidelines for possession and access (visitation) and standard child support calculations based on the non-custodial parent's income.
Can I go back to my maiden name?
Yes, either spouse can request to change their name back to their former name. It's included in the final divorce decree.
Next Steps
If you're ready to file for divorce in Texas:
- Gather all required documents (marriage certificate, financial records)
- Download and complete the divorce forms from your Texas court website
- File the forms with your local family court and pay the 50-50 filing fee
- Serve your spouse and wait for their response
- Follow through with the process until you receive your final divorce decree
Resources for Texas Divorce
- Texas Court System: Search "Texas family court" for forms and instructions
- Legal Aid: Search "Texas legal aid divorce" for free assistance if you qualify
- Self-Help Centers: Many Texas courts have self-help centers for DIY filers