Thinking about filing for divorce in Texas? Whether you’re going through the process alone or with an attorney, it’s important to understand the legal filing requirements in the state. Texas has its own set of rules, documents, and procedures — and getting them right the first time can save you time, stress, and money.
Here’s a simple guide to help you navigate the filing requirements for divorce forms in Texas.
1. Meet the Residency Requirements
Before filing for divorce in Texas, either you or your spouse must meet these criteria:
Lived in Texas for at least six months, and
Lived in the county where you plan to file for at least 90 days
If you don’t meet both requirements, the court won’t accept your case.
2. Prepare the Right Divorce Forms
The forms you need will depend on whether your divorce is contested or uncontested, and whether there are children involved. Common forms include:
Original Petition for Divorce (starts the process)
Civil Case Information Sheet
Waiver of Service or Return of Service
Final Decree of Divorce
Standard Possession Order (if you have children)
Child Support Worksheet
3. File the Petition with the Correct Court
You must file your Original Petition for Divorce in the district clerk’s office of the county where you or your spouse has lived for the past 90 days. Filing fees in Texas typically range from $250–$350, depending on the county.
If you cannot afford the fee, you can submit a Statement of Inability to Afford Payment of Court Costs.
4. Serve Your Spouse Properly
Unless your spouse signs a Waiver of Service, you must “serve” them the divorce papers officially — usually through a constable, sheriff, or process server. Once served, the court requires a Return of Service as proof.
5. Finalize with a Divorce Decree
Once all terms are agreed upon and the waiting period has passed, you can present your Final Decree of Divorce to the judge. If uncontested, this may be a short hearing. If contested, a trial may be scheduled.
The judge will sign the decree, making the divorce official.
Final Thoughts
Filing for divorce in Texas doesn’t have to be complicated, but it does require attention to detail and timing. By understanding the basic requirements and gathering the correct forms, you’ll be in a strong position to move forward confidently and legally.
