Divorce in Texas: forms, cost, and how to file

Texas divorce at a glance

Official source: Texas court forms & self-help. Always confirm current forms and fees with the court before filing.

How to file for divorce in Texas: step by step

Texas is a no-fault ("insupportability") state with a 60-day waiting period. Here is the path from petition to a Final Decree of Divorce.

1. Confirm you can file in Texas
   One spouse must have lived in Texas for 6 months and in the filing county for 90 days. Texas is no-fault ("insupportability"). Note: Texas’s official statewide forms cover only cases with no children and no property; for other cases, the widely-accepted TexasLawHelp toolkits are the standard.Source: Tex. Fam. Code §§ 6.301, 6.001
2. Prepare your Original Petition for Divorce
   Complete the Original Petition for Divorce. Many Texas counties require a "standing order" to be attached to every divorce petition — check whether your county (e.g., Travis, Bexar, Dallas) has one.Source: Original Petition for Divorce; county standing orders
3. File with the District Clerk
   File with the District Clerk in your county (about $250–$400). You can e-file free at eFileTexas.gov, or file a Statement of Inability to Afford Payment of Court Costs to waive the fee.Source: eFileTexas.gov; Statement of Inability to Afford Payment
4. Serve your spouse (or get a waiver)
   Your spouse must be formally served, or they can sign a Waiver of Service to avoid it — common in an agreed divorce.Source: Waiver of Service
5. Wait 60 days
   Texas requires a 60-day waiting period from the day you file before a judge can finalize the divorce (waived only in family-violence cases).Source: Tex. Fam. Code § 6.702
6. Set child support (if you have children)
   Texas child support is a percentage of the paying parent’s net resources (20% for one child, 25% for two, and so on). The amount is written into your final decree.Source: Tex. Fam. Code § 154.125
7. Attend the prove-up hearing and get your decree
   After the 60 days, attend a short "prove-up" hearing (uncontested docket); the judge signs your Final Decree of Divorce. Keep a certified copy.Source: Final Decree of Divorce

What does filing “pro se” (without a lawyer) mean in Texas?

Pro se — also called self-represented — means you handle your own divorce without hiring an attorney. Check the linked court resources for the self-represented filing paths and forms available where you will file. Local requirements and the issues in your case determine which documents you need.

Filing pro se is usually a good fit when: you both agree on the divorce, you can agree on splitting property and debts, and any parenting time and support are worked out. It’s worth talking to a lawyer when: you disagree about custody or money, one spouse hides assets or won’t cooperate, there’s a business or significant property to divide, or there has been any abuse.

LawCat helps you organize your case information and find official court resources. Available generated drafts depend on your state and case path; review the court’s complete checklist before filing.

Child support resources for Texas

Texas child support calculator → An itemized estimate from Texas’s official guideline, figures effective 2026-01-01. The court’s worksheet controls.

Use the current official worksheet and instructions for your case. Income definitions, parenting arrangements, deductions, other obligations and additional expenses can affect the result. A simple percentage of the higher earner’s income does not establish an obligation.

Official court forms and guidance →

How long does a Texas divorce take?

A 60-day waiting period from the day you file before the divorce can be finalized (waived only in family-violence cases). (Tex. Fam. Code § 6.702) After that, the timeline depends on the court’s calendar and how quickly each step is completed. An uncontested, pro-se divorce is typically the fastest path — most of the wait is the statutory period, not paperwork.

Common reasons Texas divorce filings get rejected

• Missing signatures, or forms that aren’t notarized where the court requires it.
• Skipping the financial disclosure both spouses are required to exchange.
• Filing before meeting the residency requirement.
• Mistakes serving the other spouse, or forgetting to file the proof of service.
• Not following local county rules. Significant. Many counties (Travis, Bexar, Dallas, and others) have standing orders that must be attached to every divorce petition, and local “prove-up” (uncontested hearing) procedures vary.

LawCat’s guided questions and filing checklist are built to prevent exactly these — the errors that send self-represented filers back to the clerk’s window.

Why LawCat is free

Most “online divorce” sites charge $137–$499 for the same public court forms, and some add monthly fees. LawCat’s document preparation is free, with no subscription and no card on file.

Compare divorce filing fees in every state →

Texas divorce FAQ

Do I need a lawyer to get divorced in Texas?

No lawyer is required: Texas courts accept divorce filings from self-represented (pro se) people, and the official court resources linked on this page explain the forms and steps. Many people talk to a lawyer when custody, support or property is disputed. LawCat links the official Texas forms and lets you organize your case free of charge; it does not give legal advice.

How long do I have to live in Texas to file for divorce?

One spouse must have lived in Texas for 6 months and in the filing county for 90 days. (Tex. Fam. Code § 6.301) Confirm the current rule with the official Texas court source before filing.

How much does it cost to file for divorce in Texas?

The court filing fee is about $250–$400, varying by county. File a Statement of Inability to Afford Payment of Court Costs (a statewide Supreme Court–approved form). LawCat’s available drafts have no document-preparation charge; court costs, service and other expenses are separate.