Texas Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in Texas, one spouse must have lived in the state for at least six months and in the county of filing for at least 90 days.
Key Takeaways
- To file for divorce in Texas, either you or your spouse must have lived in Texas for at least the last six months and in the county where you are filing for at least the last 90 days.
- Texas allows for both no-fault and fault-based divorces. The most common ground for divorce in Texas is insupportability, which is a no-fault ground.
- To file for divorce in Texas, you must file an Original Petition for Divorce with the court and ensure your spouse is properly notified.
- Texas has a mandatory 60-day waiting period from the date the divorce petition is filed before a divorce can be finalized.
- The cost of a divorce in Texas varies widely. An uncontested divorce can cost as little as a few hundred dollars, while a contested divorce can cost thousands.
To file for divorce in Texas, one spouse must have lived in the state for at least six months and in the county of filing for at least 90 days.
Texas Divorce Filing Guide: Requirements, Process & Costs (2025)
To file for divorce in Texas, one spouse must have lived in the state for at least six months and in the county of filing for at least 90 days.
Filing for divorce in Texas involves meeting specific residency requirements, understanding the grounds for divorce, and following a clear procedural path. This guide provides a comprehensive overview of the Texas divorce process, from preparing the initial paperwork to obtaining the final decree.
Table of Contents
- What are the residency requirements for divorce in Texas?
- What are the grounds for divorce in Texas?
- How do I file for divorce in Texas? Step-by-Step
- How long does a divorce take in Texas?
- How much does a divorce cost in Texas?
- Frequently Asked Questions
- Legal References
What are the residency requirements for divorce in Texas?
To file for divorce in Texas, either you or your spouse must have lived in Texas for at least the last six months and in the county where you are filing for at least the last 90 days. [1]
These residency requirements ensure that the Texas courts have jurisdiction over your case. If you or your spouse are in the military and stationed outside of Texas, you may still be able to file in Texas if it is your home state.
What are the grounds for divorce in Texas?
Texas allows for both no-fault and fault-based divorces. The most common ground for divorce in Texas is insupportability, which is a no-fault ground.
No-Fault Grounds
- Insupportability: This means the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. [2]
- Living Apart: The spouses have lived apart without cohabitation for at least three years.
Fault-Based Grounds
- Cruelty: One spouse has treated the other with cruelty.
- Adultery: One spouse has committed adultery.
- Felony Conviction: One spouse has been convicted of a felony and imprisoned for at least one year.
- Abandonment: One spouse has left the other with the intention of abandonment and remained away for at least one year.
- Confinement in a Mental Hospital: One spouse has been confined in a mental hospital for at least three years.
| Ground | Description | Statute |
|---|---|---|
| Insupportability | The marriage has broken down and cannot be saved. | TX Fam. Code § 6.001 |
| Living Apart | Spouses have lived apart for at least three years. | TX Fam. Code § 6.006 |
| Cruelty | One spouse has been cruel to the other. | TX Fam. Code § 6.002 |
| Adultery | One spouse has committed adultery. | TX Fam. Code § 6.003 |
How do I file for divorce in Texas? Step-by-Step
To file for divorce in Texas, you must file an Original Petition for Divorce with the court and ensure your spouse is properly notified.
Step 1: Prepare the Initial Divorce Papers
You will need to complete an Original Petition for Divorce. This document provides the court with information about your marriage and what you are asking for in the divorce.
Step 2: File the Petition with the Court
File the Original Petition for Divorce and a Civil Case Information Sheet with the district clerk in the county where you or your spouse meet the residency requirements. You will need to pay a filing fee, which varies by county.
Step 3: Notify Your Spouse
Your spouse must be formally notified that you have filed for divorce. This is called service. You can have your spouse served by a sheriff, constable, or private process server. Alternatively, your spouse can sign a Waiver of Service.
Step 4: Wait for a Response
Your spouse has a certain amount of time to file a response with the court. If they do not file a response, you may be able to proceed with a default divorce.
Step 5: Exchange Financial Information
Both spouses are required to exchange financial information, including a sworn inventory and appraisement of all property.
Step 6: Reach an Agreement or Go to Trial
If you and your spouse can agree on all the issues in your divorce, you can write up a Final Decree of Divorce for the judge to sign. If you cannot agree, you will need to go to mediation and potentially a trial.
Step 7: Finalize the Divorce
After the mandatory 60-day waiting period has passed and all issues are resolved, you will go to court for a final hearing. A judge will sign the Final Decree of Divorce, and your divorce will be final.
Civilly Tip: If your divorce is uncontested and you and your spouse agree on all terms, the process can be much faster and less expensive. Consider mediation to help you reach an agreement.
How long does a divorce take in Texas?
Texas has a mandatory 60-day waiting period from the date the divorce petition is filed before a divorce can be finalized. [3]
| Divorce Type | Typical Timeline | Factors |
|---|---|---|
| Uncontested | 2-4 months | Agreement on all issues, court processing times |
| Contested | 6-12+ months | Disagreements on property, custody, or support; court backlogs |
An uncontested divorce can be finalized shortly after the 60-day waiting period. A contested divorce will take much longer, depending on the complexity of the issues and the court's schedule.
How much does a divorce cost in Texas?
The cost of a divorce in Texas varies widely. An uncontested divorce can cost as little as a few hundred dollars, while a contested divorce can cost thousands.
| Cost Category | Typical Range |
|---|---|
| Court Filing Fee | $250 - $350 |
| Service of Process | $75 - $150 |
| Attorney Fees (if applicable) | $5,000 - $25,000+ |
| Mediation (if applicable) | $1,500 - $5,000 |
| Total (Uncontested) | $500 - $1,500 |
| Total (Contested) | $10,000 - $30,000+ |
Frequently Asked Questions
Can I get a divorce if my spouse doesn't want one?
Yes. Texas is a no-fault state, so you can get a divorce even if your spouse does not agree to it.
Do I need a lawyer to get a divorce in Texas?
No, you are not required to have a lawyer. However, it is highly recommended, especially if your case is contested or involves complex property or custody issues.
What is a Final Decree of Divorce?
The Final Decree of Divorce is the court order that officially ends your marriage and details the terms of your divorce, including property division, child custody, and support.
How is property divided in a Texas divorce?
Texas is a community property state. For more details, see our Texas Property Division Guide.
How is child custody determined in Texas?
Custody decisions are based on the best interest of the child. For more information, see our Texas Child Custody Guide.
Can I get alimony in Texas?
Alimony, called spousal maintenance in Texas, is available in certain circumstances. To learn more, read our Texas Alimony Guide.
Legal References
- Texas Law Help - Filing a Divorce without Children
- Texas State Law Library - Filing for Divorce
- Texas Family Code § 6.702 (Waiting Period)
Related Articles
- Texas Property Division Guide
- Texas Child Custody Guide
- Texas Alimony Guide
- The First 30 Days: Emotional Survival After Separation
[1] Texas Law Help. (2024, October 8). Filing a Divorce without Children. TexasLawHelp.org. Retrieved December 21, 2025, from https://texaslawhelp.org/article/filing-a-divorce-without-children
[2] Texas Family Code § 6.001. (n.d.). Insupportability. Texas Statutes. Retrieved December 21, 2025, from https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.001
[3] Texas Family Code § 6.702. (n.d.). Waiting Period. Texas Statutes. Retrieved December 21, 2025, from https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.702