Divorce in Texas

How to file for divorce in Texas

1. Check residency. 6 months in Texas and 90 days in the county before filing.
2. Prepare and file the Original Petition for Divorce with the District Court in your county. The filing fee is typically $200 to $400, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Spouses must exchange financial disclosures covering property, retirement accounts, and debts once the respondent has filed an answer.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 60 days from the date the petition is filed (the clock starts at filing, not service). Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months in Texas and 90 days in the county before filing.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: Not required for the insupportability ground; living apart for 3 or more continuous years is an alternative no-fault ground.

How property is divided

Texas is a community property state. Most property and debt acquired during the marriage belongs to both spouses equally and is generally divided equally. Property owned before marriage, and gifts or inheritances to one spouse, are usually separate. Read community property and equitable distribution.

Custody and child support

Parenting terms: Texas uses the terms conservatorship (with possession and access for visitation). Every decision is made in the child's best interests.

Parenting class: Not automatically required statewide; a judge may order a Parent Education and Family Stabilization Course under the Family Code, and many counties (e.g., Harris, Tarrant, Dallas) require it by local rule.

Child support: Texas uses the percentage of income model, which sets support as a percentage of the paying parent's income, rising with the number of children. Try the child support calculator.

Spousal support

Texas spousal maintenance is capped at $5,000 a month or 20% of the paying spouse's income and is only available if the requesting spouse meets narrow eligibility conditions such as a 10-year marriage, disability, or family violence.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Texas does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: not offered in Texas as a separate case.

How long it takes

The minimum is set by the waiting period: 60 days from the date the petition is filed (the clock starts at filing, not service). A typical timeline is 3 to 4 months uncontested (61-day absolute minimum); 12 to 24+ months if contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Texas

• Texas does not recognize legal separation in any form.
• Even a fully agreed divorce requires a short 'prove-up' hearing before a judge.
• Texas is a community property state, but division follows a 'just and right' standard rather than an automatic 50/50 split.

Official resources

Official forms and instructions come from Texas's courts. Sources we reviewed:

• txcourts.gov
• guides.sll.texas.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.