How to File for Divorce in Texas: A Step-by-Step Guide 2026

Texas divorce at a glance

✓ Residency: 6 months in Texas + 90 days in the county where you file
✓ Waiting period: 60 days after the petition is filed (not after service)
✓ Community property state — "just and right" division (often 50/50)
✓ No-fault divorce available — "insupportability" (incompatibility)
✓ Court filing fees: $250–$400 depending on county
✓ File in District Court of the county where either spouse lives

Residency Requirements

To file for divorce in Texas, you must meet a two-part residency requirement under the Texas Family Code (Section 6.301):

State requirement

Either spouse must have been a Texas resident for at least 6 months before filing. The petitioner (person filing) or respondent can satisfy this — only one spouse needs to meet it.

County requirement

Either spouse must have lived in the county where you file for at least 90 days. You file in the District Court of that county — in large counties like Harris (Houston), this is a Family Law District Court.

If you're a military member stationed in Texas, you can count your duty station as your Texas residency even if you haven't established a permanent domicile. Talk to a JAG attorney for military-specific guidance.

The 60-Day Waiting Period

Texas Family Code Section 6.702 requires a 60-day waiting period after the Original Petition for Divorce is filed. Unlike California, this clock starts when you file — not when you serve your spouse.

This means a well-organized couple can potentially finalize an uncontested Texas divorce in about 90 days — file on day 1, serve quickly, complete paperwork during the waiting period, and appear before the judge on day 61+.

One important exception:

The 60-day waiting period is waived if there is a history of family violence involving the petitioner or the petitioner's child and the respondent was convicted or received deferred adjudication for a family violence offense. In those cases, the judge can grant the divorce immediately after the petition is filed.

Community Property in Texas: "Just and Right" Division

Texas is a community property state — but with an important distinction from states like California. Rather than mandating an automatic 50/50 split, Texas Family Code Section 7.001 requires the court to divide community property in a "just and right" manner considering the rights of both spouses.

In most uncontested divorces, this results in an equal split. But courts have discretion to deviate based on:

Fault in the breakup of the marriage (adultery, cruelty)
Significant difference in earning capacity between spouses
Health and age of each spouse
Child custody arrangements and the needs of minor children
Education and future earning potential of each spouse

Separate property in Texas:

Property owned before marriage, or received during marriage as a gift or inheritance, is separate property and is NOT divided in the divorce. The burden of proof is on the spouse claiming separate property to demonstrate with "clear and convincing evidence" that the asset is separate — not community property.

Step-by-Step: How to File for Divorce in Texas

Prepare the Original Petition for Divorce

The Original Petition for Divorce (Form OOD-D1.1 or county-specific equivalent) is your initiating document. It includes both spouses' names and addresses, date of marriage, children's information, grounds for divorce (typically 'insupportability' for no-fault), and what you're requesting in terms of property and custody.

File in the correct District Court

File in the District Court of the county where either you or your spouse has lived for the past 90 days. In most Texas counties, you file at the county courthouse. In Harris County (Houston), Dallas County, Travis County (Austin), and Bexar County (San Antonio), there are dedicated Family Law District Courts. Filing fee: $250–$400 depending on the county.

Serve your spouse

Your spouse must be formally served with the petition and citation. In an amicable uncontested divorce, your spouse can sign a Waiver of Service — they acknowledge they've received the papers without needing formal process service. This saves time and the $75–$150 process server fee. If your spouse won't sign a waiver, use a constable, process server, or certified mail.

File the Waiver of Service or Citation Return

Once your spouse has been served or signed the waiver, file the appropriate proof with the court. This doesn't start the 60-day waiting period — that started when you filed the original petition — but it confirms service and allows the case to proceed.

Prepare your Final Decree of Divorce

The Final Decree of Divorce is the most detailed document in the Texas divorce process — it must cover property division, any spousal maintenance, child custody (if applicable), child support, and the specifics of how each asset will be transferred. Texas courts are strict about the completeness of the final decree. An incomplete or vague decree can be challenged years later.

Appear before the judge for the final hearing

Unlike California, most uncontested Texas divorces require a brief hearing before the judge — typically 5–15 minutes. The petitioner answers basic questions: how long you've lived in Texas, when the marriage became insupportable, that you both agree to the decree's terms. The judge signs the Final Decree of Divorce. Some counties allow this to be done remotely (Zoom).

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Spousal Maintenance in Texas

Texas is one of the more restrictive states when it comes to court-ordered spousal maintenance (alimony). Under Texas Family Code Section 8.051, a court can only award maintenance if:

The marriage lasted at least 10 years and the spouse requesting support lacks sufficient property to meet minimum reasonable needs
The spouse has a physical or mental disability preventing self-support
The spouse is custodian of a child with a physical or mental disability requiring supervision
The other spouse was convicted of or received deferred adjudication for family violence

Court-ordered maintenance is capped at the lesser of $5,000/month or 20% of the paying spouse's average monthly gross income. Duration is limited based on the length of the marriage. Spouses can agree to contractual alimony in any amount for any duration in their decree — this is more common than court-ordered maintenance.

Frequently Asked Questions

How long does a divorce take in Texas?

At minimum, 60 days from filing — Texas's mandatory waiting period. An uncontested divorce with cooperative spouses typically finalizes in 3–4 months. The hearing scheduling adds time in busy counties. Contested divorces involving property disputes or custody disputes can take 1–2 years.

Is Texas a 50/50 state for divorce?

Texas is a community property state, but courts divide marital property 'in a manner that the court deems just and right.' This often results in a 50/50 split, but courts have discretion to award more to one spouse based on fault, earning disparity, child custody, or other equitable factors. In uncontested divorces, spouses control the division — agree on terms in your Final Decree.

How much does a divorce cost in Texas?

Court filing fees run $250–$400 depending on county. Add $75–$150 for process service if your spouse won't sign a waiver. Using Divorce Bob for document preparation ($299) rather than an attorney brings total uncontested divorce costs to approximately $650–$850. A contested divorce with attorneys in Texas averages $15,000–$50,000+.

Do I need a lawyer to get divorced in Texas?

No — Texas courts accept pro se (self-represented) filings. For uncontested divorces where both spouses agree on all terms, you can prepare and file the documents yourself or use a document preparation service. You'll still need a brief court hearing before the judge. Consider an attorney if there are significant assets, minor children, a history of domestic violence, or your spouse has legal representation.

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