How to File for Divorce in Texas

At the time the divorce is filed, either spouse must have lived in (been domiciled in) Texas for the preceding six months and in the county where the case is filed for the preceding 90 days. If one spouse has lived in Texas for at least six months, a spouse living in another state or country may file in the county where the Texas spouse lives. Time a Texas resident spends away in military or government service counts as Texas residence.

Fees are set locally. The Supreme Court of Texas-approved divorce form instructions say the filing fee may be between $150 and $300, depending on where you live, plus a separate fee if the clerk arranges service on your spouse. If you cannot pay court fees, you can file an Affidavit of Indigency asking the court to let you proceed without paying.

Texas has no separate summary divorce procedure, but the Supreme Court of Texas has approved a do-it-yourself form set for uncontested, no-fault divorces where the spouses have no minor children together and no real property. It is not for cases where the spouses disagree, the wife is pregnant, there is a disabled child, spousal maintenance is requested, either spouse owns or is buying real estate, or there is an ongoing bankruptcy. The other spouse can sign a waiver of service instead of being formally served.

A court generally may not grant a divorce before the 60th day after the date the divorce was filed. The waiting period does not apply if the other spouse was convicted of, or received deferred adjudication for, family violence against the filing spouse or a household member, or if the filing spouse has an active protective order or emergency protective order based on family violence during the marriage. No waiting period applies to an annulment.

The Supreme Court of Texas has approved uniform divorce forms ("Divorce Set 1") for uncontested divorces with no minor children and no real property; using them is optional, and a court cannot refuse them just because you don't have a lawyer. The set contains instructions and seven forms: an Affidavit of Indigency, Original Petition for Divorce, Waiver of Service, Final Decree of Divorce, Certificate of Last Known Address, Notice of Change of Address and Affidavit of Military Status. The Texas Judicial Branch's self-help page also points to eFile Texas Self Help, a free site that helps you fill out common court forms and file them electronically, and to TexasLawHelp.org for information on simple civil matters.