How to File for Divorce in Texas 2026: Complete Guide

Filing for divorce in Texas requires understanding the state's specific requirements and procedures. This comprehensive guide walks you through the entire process, from meeting residency requirements to finalizing your divorce decree. Texas is a no-fault divorce state, but understanding the legal framework is essential for a smooth process.

Texas Residency Requirements

Before filing for divorce in Texas, you must meet these residency requirements:

• State Residency: Either you or your spouse must have been a Texas resident for at least 6 months immediately preceding the filing
• County Residency: You must have lived in the county where you file for at least 90 days before filing
• Military Exception: If you're in the military and stationed in Texas, that time counts toward residency

Grounds for Divorce in Texas

Texas recognizes both fault and no-fault grounds for divorce:

No-Fault Divorce

• Insupportability: The marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marriage (most common)
• Living Apart: Spouses have lived apart without cohabitation for at least 3 years
• Confinement: One spouse has been confined to a mental hospital for at least 3 years

Fault-Based Divorce

• Cruelty
• Adultery
• Conviction of a felony
• Abandonment for at least one year

Step-by-Step Filing Process

Step 1: Prepare Your Petition

The primary form needed is the "Original Petition for Divorce." This document includes:

• Your name and your spouse's name
• Date and place of marriage
• Grounds for divorce
• Information about children (if applicable)
• Requests for property division, spousal support, etc.

Step 2: File with the District Court

File your petition with the district court in the county where you or your spouse resides. You'll need to pay the filing fee, which varies by county but typically ranges from $250 to $350.

Step 3: Serve Your Spouse

Texas law requires that your spouse be formally notified of the divorce filing. Service options include:

• Personal Service: A constable, sheriff, or private process server delivers the papers
• Service by Mail: Your spouse can waive service by signing a waiver form
• Publication: If your spouse cannot be located, you may serve by publication (requires court approval)

Step 4: Waiting Period

Texas law imposes a mandatory 60-day waiting period from the date of filing before a divorce can be finalized. This cooling-off period cannot be waived, even in uncontested cases.

Step 5: Respond and Negotiate

Your spouse has until 10 a.m. on the Monday following 20 days after service to file an answer. During this time, you can negotiate:

• Property division
• Child custody and visitation
• Child support
• Spousal maintenance (alimony)

Step 6: Finalize the Divorce

If you reach an agreement (uncontested divorce), you can submit a Final Decree of Divorce to the court. If contested, you may need to go to trial.

Costs and Fees

Property Division in Texas

Texas is a community property state, meaning:

• Community Property: All property acquired during the marriage is presumed to be community property and divided "in a manner that the court deems just and right"
• Separate Property: Property owned before marriage, inherited, or received as a gift remains separate and is not divided

Child Custody and Support

Texas uses the term "conservatorship" instead of custody. The court's primary concern is the best interest of the child.

Types of Conservatorship

• Joint Managing Conservatorship: Both parents share decision-making responsibilities (most common)
• Sole Managing Conservatorship: One parent has exclusive decision-making rights
• Possessory Conservatorship: The non-custodial parent has visitation rights

Child Support

Texas uses statutory guidelines for child support calculation:

• 1 child: 20% of net monthly resources
• 2 children: 25% of net monthly resources
• 3 children: 30% of net monthly resources
• 4 children: 35% of net monthly resources
• 5+ children: 40% of net monthly resources

Expected Timeline

• Minimum: 60 days (mandatory waiting period)
• Uncontested Divorce: 2-4 months
• Contested Divorce: 6-12 months
• Complex/High-Asset Cases: 12-24 months

Frequently Asked Questions

How much does it cost to file for divorce in Texas?

The filing fee for a divorce petition in Texas ranges from $250 to $350 depending on the county. Additional costs may include service fees ($50-$150) and attorney fees if you choose legal representation.

How long does a divorce take in Texas?

Texas has a mandatory 60-day waiting period from the date of filing before a divorce can be finalized. Uncontested divorces typically finalize in 2-4 months, while contested divorces may take 6-12 months or longer.

What are the residency requirements for divorce in Texas?

Either you or your spouse must have been a Texas resident for at least 6 months before filing. You must also have lived in the county where you file for at least 90 days.

Do I need a lawyer to file for divorce in Texas?

No, Texas allows you to represent yourself (pro se). However, attorney representation is recommended if you have children, significant assets, or disputes over property division or custody.

Can I get a divorce if my spouse doesn't agree?

Yes. Texas allows unilateral divorce, meaning you don't need your spouse's consent. If your spouse doesn't respond, you can seek a default judgment after the waiting period.