How to File for Divorce in Texas: A Compassionate Guide

Divorce can be one of life’s most difficult transitions—but understanding your rights under Texas law can make it less overwhelming. If you are wondering how to apply for divorce or how to file for divorce in Texas, the process begins with meeting specific legal requirements and following structured court procedures. When you’re facing a divorce, it can feel like you’ve been dropped in the middle of a storm without a map. Our goal is to be your compass, demystifying the Texas divorce process and giving you a clear path forward. This is not just a single event; it is a series of legally required steps governed by the Texas Family Code. Knowing what to expect can bring a much-needed sense of control during a deeply uncertain time.

Let’s break down what this journey looks like, from confirming eligibility to securing a signed Final Decree of Divorce.

Understanding the Texas Divorce Process

Before filing, at least one spouse must meet Texas residency requirements. Under Texas law, one spouse must have lived in Texas for at least six months and in the county where the case is filed for at least 90 days. Once residency is confirmed, the process officially begins when one spouse files an Original Petition for Divorce with the district clerk’s office in the proper county. After filing, the other spouse must be formally served with citation unless service is waived in writing. Proper service is a constitutional due process requirement.

Texas law generally imposes a mandatory 60-day waiting period from the date the petition is filed before a divorce can be finalized. A judge cannot sign the Final Decree of Divorce until at least 60 days have passed, except in limited circumstances such as cases involving family violence. Only after the judge signs the Final Decree does the marriage legally end.

The Basic Path to a Texas Divorce

At its heart, the process is structured, but the details matter. Most divorces in Texas are filed on no-fault grounds, specifically insupportability, meaning the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marital relationship. Fault-based grounds, such as cruelty or adultery, are also available under Texas law and may impact property division in some cases.

The main stages you will go through include:

• Filing the Petition
  This is the official document that opens your divorce case with the district court. It identifies the parties and states the requested relief.
• Serving Your Spouse
  Your spouse must be formally served with citation and a copy of the petition by a constable, sheriff, private process server, or through an approved waiver of service. Without proper service, the court cannot grant a default judgment.
• The Waiting Period
  Texas law requires at least 60 days to pass after filing before a divorce may be finalized, subject to limited statutory exceptions.
• Temporary Orders if Needed
  Either party may request temporary orders to address custody, support, use of property, or payment of debts while the case is pending.
• Finalizing the Decree
  This is the final step. The court must approve and sign a Final Decree of Divorce that divides community property in a just and right manner and addresses conservatorship, possession, child support, and spousal maintenance if applicable.

As you can see, the process moves logically from petitioning the court to properly notifying your spouse, addressing temporary matters if necessary, observing the statutory waiting period, and ultimately obtaining a signed decree from the judge.

To give you a clearer picture of the entire journey, here is a simplified overview of what to expect from start to finish.

Key Stages of a Texas Divorce at a Glance

Stage	Primary Goal	Typical Duration (Varies by Case)
Petition & Filing	To officially start the divorce proceedings by filing the Original Petition for Divorce with the district court in the proper county.	Varies; filing occurs once residency requirements are met
Service of Process	To legally notify the other spouse through formal service or a signed waiver of service.	Often completed within several weeks, depending on service method and cooperation
Response & Discovery	For the responding spouse to file an Answer (generally due by 10:00 a.m. on the Monday following 20 days after service) and for both parties to exchange relevant financial and custody information.	Several weeks to several months, depending on complexity
Negotiation/Mediation	To attempt resolution of disputed issues such as property division, conservatorship, possession, child support, and spousal maintenance.	Varies; may occur at any point before trial
Finalization	To obtain a signed Final Decree of Divorce from the judge after the mandatory 60-day waiting period has passed (unless a statutory exception applies).	No earlier than 60 days after filing; total case length varies

Confirming Your Eligibility to File for Divorce

Before you think about how to apply for divorce or how to file for divorce in Texas, there is a critical first step: making sure you meet the legal residency requirements. This is not just a formality. It is what gives a Texas court jurisdiction—the legal authority—to decide your case.

If these requirements are not met, the court can dismiss the case. That can mean delays, additional filing fees, and unnecessary stress.

The biggest hurdle for most people is residency. Texas law requires a meaningful connection to the state before its courts will dissolve a marriage. This rule helps ensure that Texas courts only hear cases involving spouses with legitimate ties to the state.

Understanding Texas Residency Rules

Under the Texas Family Code, a divorce may be filed if either spouse has:

• Lived in Texas for at least six continuous months immediately before filing, and
• Lived in the county of filing for at least 90 days immediately before filing

It does not have to be the filing spouse who meets these requirements. If either spouse satisfies both time periods, the case may proceed in that county.

The six-month rule establishes state residency. The 90-day rule establishes proper venue, meaning the correct county court.

Let’s break it down with a common scenario:

• Imagine: Sarah moved to Houston in Harris County four months ago for a new job. Her husband Tom still lives in Dallas County, where he has lived for 10 years.
• The outcome: Sarah cannot file in Harris County yet because she has not lived there for 90 days immediately before filing and also does not meet the six-month Texas requirement. However, Tom can file in Dallas County because he satisfies both the six-month Texas residency requirement and the 90-day county requirement. The divorce can properly move forward there.

It is also worth noting that Texas courts may have jurisdiction if Texas was the last marital residence and one spouse continues to reside in Texas, even if the other spouse has moved out of state.

This is a foundational requirement in every Texas divorce. The petitioner must affirm in the Original Petition for Divorce that residency and venue requirements have been satisfied. Before filing, carefully confirm your dates to avoid dismissal or delay.

Choosing the Grounds for Your Divorce

Once you have met the residency requirements, the next step in how to file for divorce in Texas is stating the legal grounds for the divorce in your Original Petition. Texas law recognizes both no-fault and fault-based grounds. The ground you select can influence how contested the case becomes and, in some situations, how property is divided.

No-Fault Divorce (Insupportability)

Most divorces in Texas are filed on no-fault grounds. The legal term used in the Texas Family Code is insupportability.

Under Texas Family Code § 6.001, a marriage may be dissolved if it 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.

This ground does not require either spouse to prove wrongdoing. It simply means the marriage cannot continue due to irreconcilable conflict. Because it avoids assigning blame, insupportability often allows couples to resolve matters more efficiently and with less hostility than fault-based claims.

This is the path of least resistance. You don’t have to prove anyone did anything wrong. It’s a simple declaration that the marriage is irretrievably broken and can’t be repaired.

Fault-Based Grounds for Divorce

In some cases, filing on fault grounds may be a strategic decision. This means you are alleging that your spouse’s conduct caused the breakdown of the marriage under specific provisions of the Texas Family Code.

Texas law recognizes the following fault-based grounds:

• Cruelty
  Treatment by one spouse toward the other that is of such a nature that further living together becomes insupportable.
• Adultery
  Voluntary sexual intercourse with someone other than the spouse during the marriage.
• Felony Conviction
  If your spouse was convicted of a felony during the marriage, has been imprisoned for at least one year, and has not been pardoned. This ground does not apply if the conviction was based on the testimony of the filing spouse.
• Abandonment
  If your spouse left with the intent to abandon you and remained away for at least one year.

In addition, Texas recognizes the following grounds that do not require proof of misconduct:

• Living Apart
  The spouses have lived apart without cohabitation for at least three years.
• Confinement in a Mental Hospital
  At the time the petition is filed, the spouse has been confined in a state or private mental hospital for at least three years, and it appears that the mental disorder is of such a degree and nature that adjustment is unlikely or that relapse is probable.

Choosing a fault-based approach is a serious decision. It requires presenting admissible evidence to support the claim. Allegations of fault often increase litigation, cost, and emotional strain.

Getting Started: Preparing and Filing the Initial Divorce Petition

Once you have confirmed that residency requirements are met, the next step in how to file for divorce in Texas is preparing and filing the Original Petition for Divorce. This document formally begins the case and invokes the court’s jurisdiction. It is your official request for relief and establishes the legal framework for everything that follows.

Think of the Petition as the foundation of your case. It identifies the parties, confirms jurisdiction, and outlines the relief you are requesting regarding property, debts, and—if applicable—your children. Accuracy matters. Errors in residency allegations, party information, or requested relief can delay the process or require amendments.

The Petition is filed with the district clerk in the proper county, along with the required filing fee. In many counties, standing orders automatically take effect upon filing, restricting certain actions such as hiding assets or removing children from the state.

What Goes into the Divorce Petition

Although standardized forms are available in some situations, the Petition must be completed carefully to comply with the Texas Rules of Civil Procedure and the Texas Family Code.

You will typically include:

• Identifying Information
• The full legal names of both spouses and last known address of the Respondent. In some cases, sensitive information such as Social Security numbers is filed separately in a required information sheet rather than in the public petition.
• Jurisdictional Facts
• A sworn statement that either spouse meets the six-month Texas residency requirement and the 90-day county residency requirement immediately preceding filing.
• Marriage Information
• The date of marriage and, if applicable, the approximate date of separation. Texas does not require legal separation before filing for divorce.
• Grounds for Divorce
• A statement of the legal ground being asserted, most commonly insupportability under Texas Family Code § 6.001.
• Children of the Marriage
• If minor children were born or adopted during the marriage, the Petition must include their names and dates of birth and confirm the court’s authority under the Uniform Child Custody Jurisdiction and Enforcement Act. In a divorce involving children, the Suit Affecting the Parent-Child Relationship, or SAPCR, is typically incorporated into the same case rather than filed separately. The Petition will request conservatorship, possession, child support, and medical support, with detailed terms finalized later in the process.

Let’s look at a real-world scenario. Maria and David have been married for eight years and have two kids. They’ve lived in Harris County for the last decade, but after a long period of drifting apart, Maria decides it’s time to file.

A practical example helps illustrate this.

Maria and David have been married for eight years and have two children. They have lived in Harris County for more than ten years. After a long period of marital difficulties, Maria decides to move forward with filing.

In her Petition, Maria states that both she and David meet the residency requirements. She lists insupportability as the ground for divorce. She identifies their children and requests joint managing conservatorship, a possession schedule consistent with Texas law, and guideline child support. Also, she asks the court to divide the community property in a just and right manner.

By properly preparing and filing the Petition, Maria officially begins the legal process and preserves the court’s authority to resolve all issues related to the marriage.

Key Takeaway: The Original Petition for Divorce is more than just paperwork. It’s your first official communication with the court, establishing the framework for all future negotiations and decisions. Even a small error, like a wrong date, can force you to amend your filing and reset timelines.

The Logistics of Filing with the Court

Once your Petition is complete and carefully reviewed, the next step in how to file for divorce in Texas is submitting it to the District Clerk’s office in the proper county. Filing officially opens your case and assigns a cause number. At that moment, your divorce becomes an active court proceeding.

You must also pay a filing fee. In Texas, divorce filing fees commonly range from approximately $250 to $400, depending on the county and whether the case involves children. If you cannot afford the filing fee, you may file a Statement of Inability to Afford Payment of Court Costs, which allows the court to consider a fee waiver.

You generally have two filing options:

1. E-Filing: Electronic filing through the statewide eFileTexas system is mandatory for attorneys and widely used across Texas courts. Many counties require e-filing even for self-represented parties unless an exemption applies. E-filing allows you to submit documents online, receive electronic confirmation, and track your case efficiently.
2. In-Person Filing: Some counties still permit in-person filing for self-represented litigants. You may bring physical copies of your documents to the District Clerk’s office. The clerk will review them for compliance with basic filing requirements, assign a case number, file-stamp the Petition, and collect the appropriate fee.

After the Petition is accepted, the district clerk issues a citation. This formal document notifies the Respondent that a lawsuit has been filed and sets the deadline for filing an Answer. The citation, along with a file-stamped copy of the Petition, must then be properly served in accordance with the Texas Rules of Civil Procedure.

This step, known as service of process, is essential. Without proper service—or a valid written waiver—the court generally cannot move forward with the case or enter a default judgment.

Notifying Your Spouse and Understanding Their Response

Once your Original Petition for Divorce is filed, the case moves into the next critical phase: formally notifying your spouse. This is known as service of process, and it is a constitutional due process requirement. It ensures that the Respondent receives notice of the lawsuit and has an opportunity to respond.

Improper service does not automatically dismiss your case, but it prevents the court from entering a default judgment and can significantly delay the proceedings. Getting service right is essential.

Methods of Serving Divorce Papers in Texas

Texas law provides several legally recognized methods of service. The appropriate method depends on the circumstances and must comply with the Texas Rules of Civil Procedure.

Here are the most common routes:

• Personal Service: This is the most common method. A sheriff, constable, or certified private process server personally delivers the citation and file-stamped Petition to the Respondent. After delivery, the server files a Return of Service with the court as proof. This method provides the strongest evidence of proper notice.
• Substituted Service: If personal service attempts have failed despite diligent efforts, you may file a motion asking the court to authorize substituted service under Rule 106. If approved, the court may allow service by leaving the documents with a person over 16 at a specified location or by another method reasonably calculated to provide notice. Court approval is required before using this method.
• Service by Publication or Posting: If the Respondent cannot be located after a diligent search, the court may authorize service by publication in a newspaper or, in certain cases involving children, by posting at the courthouse. These methods require a sworn affidavit detailing efforts made to locate the spouse. Courts scrutinize these requests carefully because they involve limited actual notice.

The Amicable Route: Waiver of Service

If both spouses are cooperating, a Waiver of Service may be used instead of formal service.

A Waiver of Service must be signed after the Petition has been filed. By signing, the Respondent acknowledges receipt of the Petition and waives formal service. The waiver must meet statutory requirements and is typically notarized. Importantly, signing a waiver does not waive the right to participate in the case or contest terms unless specifically stated.

For example, in an uncontested divorce where both parties have reached agreements on property and parenting issues, using a Waiver of Service can reduce cost and streamline the early stages of the case.

Key Takeaway: A properly executed Waiver of Service can simplify the process, but it must comply with Texas procedural rules to be valid.

Your Spouse’s Response and the Risk of Default

Once properly served, the Respondent must file an Answer by 10:00 a.m. on the Monday following 20 days after the date of service. This deadline is set by the Texas Rules of Civil Procedure.

If no Answer is filed by the deadline, the Petitioner may pursue a default judgment after the mandatory 60-day waiting period has passed. However, the court will still require proof supporting the requested relief, particularly in cases involving children or property division. Judges do not automatically grant everything requested without review.

If both parties agree on all terms, the case may proceed as an uncontested divorce once the statutory waiting period expires. If disputes remain, the case may involve discovery, mediation, temporary orders, or ultimately trial.

Understanding and following these procedural rules is essential. Service errors or missed deadlines can delay finalization and increase costs, even in otherwise straightforward divorces.

The 60-Day Waiting Period and Why Temporary Orders Are a Lifesaver

Once the divorce petition is filed and your spouse has been properly served or signed a waiver, the statutory waiting period begins.

Under Texas Family Code § 6.702, a court generally may not grant a divorce until at least 60 days have passed from the date the Original Petition was filed. This waiting period is mandatory in most cases, though limited exceptions exist, such as certain cases involving family violence.

The purpose of this provision is to provide a brief cooling-off period. However, the court’s inability to finalize the divorce does not mean the court cannot act. During this time, the judge may issue temporary orders to stabilize finances, protect property, and provide structure for parenting.

What Are Temporary Orders and Why Do You Need Them?

Temporary orders are court orders that remain in effect while the divorce is pending. They are legally binding and enforceable. Either party may request them, and the court typically sets a hearing with notice to both sides before issuing relief.

These orders are designed to preserve the status quo, protect children, and prevent financial harm until a Final Decree of Divorce is signed.

Temporary orders may address:

• Temporary Conservatorship and Possession: Determining where the children will primarily reside and establishing a possession schedule.
• Temporary Child Support: Ordering guideline-based child support and medical support while the case is pending.
• Temporary Spousal Support: Requiring one spouse to provide short-term financial support. This is distinct from post-divorce spousal maintenance and does not guarantee maintenance will be awarded later.
• Use of Property: Granting one spouse temporary exclusive use of the marital residence or certain vehicles.
• Payment of Debts and Expenses: Allocating responsibility for mortgage payments, utilities, car notes, and other ongoing obligations.
• Temporary Injunctions: Restraining both parties from transferring assets, canceling insurance, hiding property, or disturbing the peace of the other spouse. In many counties, standing orders automatically impose similar restrictions upon filing.

A Real-World Example of Temporary Orders in Action

Let’s imagine a typical scenario. Sarah and Tom are divorcing in Houston. They have two young kids, a mortgage, and two car payments. After a big fight, Tom moved out, leaving Sarah worried sick about how she’ll cover all the bills on her salary alone. Plus, she has no idea when Tom plans to see the kids. It’s a recipe for chaos and anxiety.

Imagine Sarah and Tom are divorcing in Harris County. They have two children, a mortgage, and joint debts. After separating, Tom moves out. Sarah is concerned about how household expenses will be paid and needs clarity about parenting time.

• Sarah files a motion for temporary orders. After notice and a hearing, the judge orders:
• Sarah has temporary exclusive use of the family home.
• Tom must pay temporary child support consistent with Texas guidelines and contribute toward the mortgage.

With these orders, the court creates immediate stability. Sarah can breathe a little easier knowing the bills are covered, and both parents have a clear roadmap for custody. This drastically cuts down on the day-to-day conflict while they work on negotiating the final terms of their divorce.

A defined possession schedule is established so the children maintain consistent contact with both parents. These temporary rulings do not decide the final outcome of the case, but they create structure and stability during the divorce process. Effectively navigating the 60-day waiting period and seeking appropriate temporary relief can significantly reduce uncertainty and conflict while the case proceeds toward final resolution.

If you need help navigating divorce, custody, or estate planning in Texas, contact The Law Office of Bryan Fagan today for a free consultation.

Getting to the Finish Line: The Final Decree of Divorce

Every step in a Texas divorce leads to one critical document: the Final Decree of Divorce. This is the court’s legally binding order that formally dissolves the marriage. It does more than end the relationship—it outlines the final terms governing property division, allocation of debts, conservatorship, possession schedules, child support, and, if applicable, spousal maintenance.

The divorce is not legally final until the judge signs the Final Decree after the mandatory 60-day waiting period has passed, unless a statutory exception applies. Once signed, the Decree controls the parties’ rights and obligations moving forward.

How you reach this point depends largely on whether your divorce is agreed or contested.

The Path of Agreement: Finalizing an Uncontested Divorce

If both spouses have resolved all issues, the divorce may proceed as an uncontested case. After the 60-day waiting period expires, one party typically appears in court for a brief prove-up hearing, unless the court permits an alternative procedure consistent with local rules.

A prove-up is not a trial. The petitioner testifies under oath to confirm:

• Residency requirements are satisfied
• The marriage has become insupportable or meets the stated ground
• The agreement divides property in a just and right manner
• Any child-related provisions are in the best interest of the child

The judge reviews the signed Final Decree to ensure compliance with Texas law. Even in agreed cases, the court has a duty to independently determine that the property division is just and right and that child custody and support terms serve the child’s best interest.

If everything meets statutory requirements, the judge signs the Decree, and the divorce becomes final that day.

Key Takeaway: A prove-up hearing is typically a procedural safeguard. It places your agreement on the court record and allows the judge to confirm legal compliance before signing the Final Decree.

Facing a Final Hearing in a Contested Divorce

If disputes remain unresolved after negotiation or mediation, the case proceeds to a final trial. At trial, both parties present evidence, witness testimony, and legal arguments. The judge then decides unresolved issues, including:

• Division of community property in a just and right manner
• Conservatorship and possession schedules based on the child’s best interest
• Child support under statutory guidelines
• Eligibility for spousal maintenance, if requested

A contested trial is significantly more formal and procedurally complex than a prove-up. Rules of evidence apply, testimony is subject to cross-examination, and the judge’s rulings are binding.

Once the judge renders a decision, a Final Decree reflecting the court’s rulings is prepared and submitted for signature. After signing, certain provisions—such as retirement division or real property transfers—may require additional legal documents to fully implement the order.

Whether reached through agreement or trial, the Final Decree of Divorce is the document that defines your legal and financial future. Careful drafting and review are essential before it is signed, because modifying final orders later can require additional legal proceedings and proof of changed circumstances.

Life After the Decree: Your Post-Divorce Checklist

Getting the judge’s signature on the Final Decree of Divorce is a major milestone. But the Decree is not self-executing in every respect. Certain provisions require follow-through to fully separate your financial and legal life from your former spouse.

Here are key post-divorce steps to address promptly:

Update Your Estate Plan

Under the Texas Estates Code, divorce generally revokes provisions in a will that benefit a former spouse, unless the will expressly states otherwise. However, this does not create a new estate plan for you. You should draft a new will, update powers of attorney, and revise medical directives to reflect your current wishes.

Review and Update Beneficiary Designations

Texas law often treats a former spouse as having predeceased you for purposes of certain beneficiary designations after divorce. However, exceptions apply, and financial institutions do not automatically update your paperwork. You should proactively review and update beneficiaries on life insurance policies, retirement accounts, payable-on-death bank accounts, and transfer-on-death deeds.

Divide Retirement Accounts Properly

If the Final Decree awards a portion of a qualified employer-sponsored retirement plan, a Qualified Domestic Relations Order, or QDRO, is typically required. This separate court order instructs the plan administrator how to divide the account. IRAs, by contrast, are usually divided pursuant to the decree itself and a trustee-to-trustee transfer, without a QDRO. Errors in retirement division can create unintended tax consequences, so careful drafting is essential.

Transfer Titles and Real Property

If one party is awarded a vehicle or real estate, additional transfer documents may be required. Real property transfers often require a properly executed and recorded Special Warranty Deed or Deed Without Warranty. Vehicle titles must be updated through the Texas Department of Motor Vehicles. Recording and filing these documents ensures clear legal ownership.

Address Debts and Accounts

Even if the decree assigns responsibility for certain debts, creditors are not bound by the divorce order unless they were parties to the case. If both spouses signed for a debt, refinancing or closing joint accounts may be necessary to prevent future liability.

Taking these steps promptly ensures that the terms of your Final Decree are fully implemented and that your financial foundation reflects your new legal status. A divorce decree provides the legal framework, but proactive follow-through secures your fresh start.

Answering Your Texas Divorce Questions

When you begin navigating how to file for divorce in Texas, it is completely normal to have a long list of questions. Divorce involves strict procedural rules, financial consequences, and often deeply personal concerns. Clear, accurate information helps you make confident decisions during an uncertain time.

Here are answers to some of the most common questions about Texas divorce law.

How Much Does a Texas Divorce Cost?

The honest answer is that it depends on the complexity of the case.

At minimum, you will pay a court filing fee, which typically ranges from a few hundred dollars depending on the county and whether children are involved. Additional costs may include service fees and document preparation.

The largest variable is attorney’s fees. An uncontested divorce, where both parties agree on all issues, is generally far less expensive. Costs increase when disputes require temporary orders, discovery, mediation, or trial.

Can I File if My Spouse Lives Out of State?

Yes, if you meet Texas residency requirements. To file in Texas, either you or your spouse must have lived in Texas for at least six continuous months and in the county of filing for at least 90 days immediately before filing.

However, when a spouse lives out of state, additional jurisdictional questions may arise. While a Texas court can dissolve the marriage if residency is met, its authority to divide certain property or order support may depend on whether the court has personal jurisdiction over the out-of-state spouse. Proper service must also comply with interstate service rules.

Do I Have to Go to Court to Get Divorced?

In most cases, yes, at least briefly.

In an uncontested divorce, after the mandatory 60-day waiting period, one spouse typically appears for a short prove-up hearing. The judge confirms residency, grounds for divorce, and that the property division is just and right and any child-related orders are in the child’s best interest.

If disputes remain unresolved, courts often require mediation before trial. A final trial occurs only if the parties cannot reach agreement. At trial, the judge decides unresolved issues and signs a Final Decree reflecting those rulings.

Conclusion

Understanding how to file for divorce in Texas empowers you to move forward with clarity instead of confusion. From meeting residency requirements to securing a signed Final Decree, each step follows a clear legal path. The process is designed to protect fairness, due process, and the best interests of any children involved. Divorce can feel overwhelming. But understanding what to expect helps you avoid costly mistakes and delays. With careful preparation and informed decisions, you can move forward with confidence and begin your next chapter on solid legal ground.

If you need help navigating divorce, custody, or estate planning in Texas, contact The Law Office of Bryan Fagan today for a free consultation.

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