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.
- 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 - 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 - 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 - 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 - 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 - 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 - 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. In Texas you have the right to file your own divorce, and the court publishes the official forms for you to use. The large majority of uncontested divorces, where both spouses agree the marriage is over and can agree on the terms, are handled pro se every day.
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 prepares your Texas pro-se divorce documents for free and walks you through every filing step — so doing it yourself never means doing it alone.
How child support is calculated in Texas
A percentage of the paying parent’s net resources (20% for 1 child, 25% for 2, 30% for 3, up to 40%+), applied to a statutory cap. (Tex. Fam. Code § 154.125)
For example, a paying parent with $60,000 a year and two children (25%) would owe roughly $1,250 a month. Try your own numbers:
Note: applied to the paying parent’s net resources up to a statutory cap (about $9,900/month).
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.
Texas document generation is on the way
LawCat already prepares complete divorce packets free in New York, Massachusetts, and New Jersey, and is expanding to Texas. In the meantime, the official Texas court forms are linked below.
Official Texas forms → See how it worksWhy LawCat is free
Most “online divorce” sites charge $137–$499 for the same public court forms, and some add monthly fees. LawCat gives document preparation away because it is built by a law firm that helps people who later decide they want an attorney. You keep the free documents either way.
Compare divorce filing fees in every state →
Texas divorce FAQ
Do I need a lawyer to get divorced in Texas?
No. Texas allows you to file for divorce yourself (pro se). LawCat prepares your Texas divorce documents free, and you pay only the court’s filing fee. You can hire an attorney at any point if your case becomes complicated.
How long do I have to live in Texas to file for divorce?
6 months in state + 90 days in county (either spouse).
How much does it cost to file for divorce in Texas?
~$250-$400 varies by county. Fee waiver: Statement of Inability to Afford Payment of Court Costs (SCOTX-approved statewide form). With LawCat your documents are free, so the filing fee is typically your only unavoidable cost — and it can often be waived if you can’t afford it.