How to File for Divorce in Texas: Residency, the Petition, the Waiting Period, and the Steps That Follow

A Texas divorce usually starts when one spouse files an Original Petition for Divorce in the appropriate district court. Under Texas Family Code section 6.301 (opens in a new tab), either spouse must have been a Texas resident for the preceding six months, and either spouse must have lived in the filing county for the preceding 90 days. The other spouse must receive legally valid notice or sign a valid waiver. Texas generally requires a 60-day wait after filing before a court may grant the divorce, with family-violence exceptions in section 6.702 (opens in a new tab). The case may also address property, debts, children, support, temporary orders and a final decree. Procedures and fees vary by county.

Do you meet the Texas residency requirements?

Section 6.301 says a divorce suit may not be maintained in Texas unless, when it is filed, either the petitioner or the respondent has been "a domiciliary of this state for the preceding six-month period" and "a resident of the county in which the suit is filed for the preceding 90-day period." The petitioner is the spouse who files; the respondent is the other spouse. Either one can supply the residency.

Two related rules apply to a spouse who lives elsewhere. Section 6.302 lets a spouse who lives outside Texas file in the county where the Texas spouse resides, when that Texas spouse meets the six-month requirement. Sections 6.303 and 6.304 address qualifying public-service and military situations.

Do not confuse these numbers with the "10-year rule" that people mention. Ten years matters for some spousal maintenance routes under Family Code Chapter 8 (opens in a new tab) and for federal Social Security divorced-spouse benefits (opens in a new tab), but it is not a residency rule for filing.

Where do you file the petition?

The petition is filed with the district clerk in the qualifying county, which sends it to the appropriate district court. Each county publishes its own procedures and fee schedule, so the district clerk where you will file is the office to confirm the details with.

What grounds can support a Texas divorce?

Texas allows a divorce without proving fault. Section 6.001 permits the court to grant a divorce without regard to fault if 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. Your spouse does not have to agree. A disagreement can make the case contested, but it does not remove the no-fault ground.

Texas also lists fault grounds in sections 6.002 through 6.007: cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital. A ground chosen can affect the pleadings and the evidence in the case. The statute does not set one automatic outcome for each ground.

Texas does not recognize legal separation as a separate marital status; TexasLawHelp explains the alternatives (opens in a new tab).

What documents start the case?

The Original Petition for Divorce starts the case. Depending on the county, a civil case information sheet or other family information forms may accompany it, and the district clerk can say which ones apply. A party files the petition and pays the county's charges, or files a sworn Statement of Inability to Afford Payment of Court Costs instead.

The Texas Judicial Branch says its Supreme Court-approved divorce forms (opens in a new tab) are for uncontested divorces that do not involve children or real property. Their use is not mandatory, and a trial court must not reject a proposed form merely because the person used it or has no lawyer.

How is the other spouse notified?

The respondent must receive citation and service under the Texas Rules of Civil Procedure, or sign a valid waiver where one is permitted. TexasLawHelp's guide to serving the initial divorce papers (opens in a new tab) covers the methods, including substituted service and publication when a spouse cannot be found. Issuance and service charges are separate from the filing fee and depend on the method and location.

What happens after service?

The respondent may file an answer or another appearance. Under section 6.701 (opens in a new tab), a petition may not be taken as confessed merely because the respondent does not answer. Either party can ask for temporary orders, and section 6.502 (opens in a new tab) lists the subjects a court may address in a divorce case. Each side can request relevant information from the other under the Texas Rules of Civil Procedure. The spouses may negotiate or use mediation, and TexasLawHelp has an overview of divorce and mediation (opens in a new tab). A written agreement can be presented for the court's approval.

Not every case uses every step, and a contested case may need more proceedings.

What is the 60-day waiting period?

Section 6.702(a) says the court "may not grant a divorce before the 60th day after the date the suit was filed." That is a minimum, not a completion date; TexasLawHelp says most divorces must wait at least 60 days and may take longer depending on how involved the case is and the court's workload.

Under section 6.702(c), the waiting period does not apply when the court finds that the respondent has been finally convicted of, or received deferred adjudication for, qualifying family violence. It also does not apply when the petitioner has an active protective order or a magistrate's emergency protective order based on family violence committed during the marriage.

What changes when there are children?

A divorce involving children generally needs orders about the parent-child relationship. These cover conservatorship, possession and access under Family Code Chapter 153 (opens in a new tab), and child support under Chapter 154 (opens in a new tab). The final documents may also address medical support, income withholding and required information forms. TexasLawHelp's guide to filing a divorce with children (opens in a new tab) covers the paperwork.

Parenting-class rules can be local or case-specific, so confirm any requirement with the assigned court or the district clerk.

How are property and debts addressed?

Section 7.001 (opens in a new tab) tells the court to divide the estate of the parties in a manner it considers "just and right," with due regard for the rights of each party and any children. That is a standard, not a fixed split, and a division is not necessarily 50-50.

Family Code Chapter 3 (opens in a new tab) separates the two kinds of property. Separate property includes property owned or claimed before marriage, property acquired by gift, devise or descent, and certain personal-injury recoveries. Community property is property, other than separate property, acquired by either spouse during the marriage.

A decree that assigns a debt to one spouse does not necessarily change what a creditor can collect from the other.

What does filing cost?

Costs depend on the county, and no single statewide figure applies. As one dated example, the Harris County District Clerk's civil and family fee schedule (opens in a new tab), effective January 1, 2026 and updated July 15, 2026, lists a $350 filing fee for a new family suit, plus a $15 domestic-relations fee when children are involved, for $365 in a family case with children. Service, issuance and other process charges are additional. Other counties publish their own schedules, so confirm fees with the district clerk in your filing county.

Texas Rule of Civil Procedure 145 (opens in a new tab) covers people who cannot afford costs. A party who files a valid Statement of Inability to Afford Payment of Court Costs cannot be required to pay costs except by court order under the rule. The statement must be sworn before a notary or made under penalty of perjury, and the clerk must docket the case, issue citation and provide ordinary services without advance payment.

Can you file without a lawyer or without going to court?

A person may represent themselves. TexasLawHelp provides instructions and forms for certain simple, uncontested divorces, and its Spanish guide for divorce without minor children (opens in a new tab) lists separate form sets for agreed and default divorces.

A final court appearance is not removed in every Texas court. The 505th District Court, for example, publishes an uncontested-matters checklist (opens in a new tab) for a final hearing. TexasLawHelp says some courts allow a no-hearing affidavit process for a default divorce without children, and it directs readers to confirm the procedure with the court coordinator. Local court rules control.

What should you know right after filing?

Some counties and courts publish standing orders on conduct, property, children and disclosure once a divorce is filed. These are not statewide, so look for the current order of the county where you filed. Separately, Family Code section 6.501 (opens in a new tab) authorizes temporary restraining orders in a divorce case about specified conduct, property and children.

Protective orders for family violence are governed by Family Code Title 4 (opens in a new tab). A qualifying protective order can also affect the 60-day waiting period. After a decree, section 6.802 sets a 31-day period before remarriage to a third party.

Our guide to how much a divorce lawyer costs explains lawyer fees, which are separate from court costs.

Frequently asked questions

How long must someone live in Texas before filing for divorce?

Either spouse must have been domiciled in Texas for the preceding six months and a resident of the filing county for the preceding 90 days. Either spouse can meet those periods.

Does the other spouse have to agree to the divorce?

No. Section 6.001 allows a no-fault divorce, and a spouse's disagreement does not remove that ground. It can, however, make the case contested.

Is a lawyer required?

No general rule requires one. The Supreme Court-approved forms, though, are limited to uncontested divorces without children or real property.

Can a divorce be completed without going to court?

It depends on the court. Some courts may accept an affidavit process in limited circumstances, and others require a final hearing, so confirm the procedure with the court coordinator.

Next step

If you would like to talk with a law firm about a Texas divorce, browse the family law firms in our directory or start from the family law practice area. Rules and fee figures cited here are current as of October 1, 2026.