How to File for Divorce in Texas (Guide).

How to File for Divorce in Texas (Guide)

Divorce is never easy, but understanding the steps can reduce stress and avoid costly mistakes. Whether you’re working with an attorney or handling it yourself, this guide explains everything you need to know about filing for divorce in Texas.

✅ Who Can File for Divorce in Texas?

To file for divorce in Texas, either you or your spouse must meet two key residency requirements:

• Lived in Texas for at least 6 months

• Lived in the county where you file for at least 90 days

If you don't meet this yet, you’ll need to wait or file in another eligible state.

✅ No-Fault Divorce in Texas

Texas allows no-fault divorce, meaning you can cite "insupportability" — the legal term for irreconcilable differences. You don’t need to prove fault like adultery or abuse, but those issues can impact child custody or property division in some cases.

✅ Step-by-Step Guide to Filing for Divorce in Texas

1️⃣ Complete the Right Divorce Forms

If you don’t have children or property, the forms are simple. The main form is:

• Original Petition for Divorce

If you have children or property, you’ll need more detailed forms. Visit TexasLawHelp.org to find the correct set for your case.

2️⃣ File Your Petition

• File your Original Petition for Divorce with the District Clerk’s Office in your county.

• Pay a filing fee (usually $250–$350). Fee waivers are available if you qualify.

3️⃣ Legally Serve Your Spouse

Your spouse must be served with divorce papers by a constable, sheriff, or process server.

They will fill out a Return of Service to prove delivery.

If your spouse agrees to waive formal service, they can sign a Waiver of Service.

4️⃣ Wait for a Response

• Your spouse has 20 days + the following Monday to respond.

• If they don’t, you may proceed with a default divorce.

5️⃣ Exchange Information (If Required)

If children or property are involved, both parties may need to:

• Exchange financial information

• Complete parenting classes (if kids are under 18)

• Submit a proposed parenting plan and child support details

6️⃣ Final Hearing and Divorce Decree

Texas has a mandatory 60-day waiting period after filing (exceptions apply for domestic violence).

Once complete, you’ll either:

• File a Final Decree of Divorce (agreed or default)

• Go to a court hearing if the divorce is contested

The judge will sign the final order making your divorce official.

✅ Divorce With Children in Texas

Texas courts prioritize the child’s best interests. You’ll need to handle:

• Conservatorship (custody)

• Possession and access (visitation)

• Child support

Both parents may be required to attend a parenting class and submit a standard possession order (SPO) unless an agreement is reached.

✅ Divorce Without a Lawyer: Is It Possible?

Yes — especially in simple, uncontested cases.

Sites like TexasLawHelp.org or self-help clinics can assist.

But if you have complex assets, disagreements, or child-related issues, hiring an attorney is strongly recommended.

✅ Summary Checklist

✅ Meet residency requirements

✅ Fill out and file your petition

✅ Serve your spouse (or get waiver)

✅ Respond or proceed by default

✅ Exchange disclosures and documents

✅ Final hearing or judge’s signature

💡 Quick Tips

• Keep copies of every document

• Stick to the 60-day waiting period

• Always use official state-approved forms

• Never ignore court deadlines or paperwork

🔒 Legal Disclaimer

This article is for general informational purposes only and does not provide legal advice. Always consult a licensed Texas family law attorney for advice about your specific case.