A Texas divorce begins when a spouse who meets the Tex. Fam. Code § 6.301 residency requirements (six months in Texas plus 90 days in the filing county) files an Original Petition for Divorce in the appropriate Texas district court, pleading a ground under § 6.001 (no-fault insupportability) or §§ 6.002–6.007 (fault grounds). The respondent must be served under Tex. R. Civ. P. 99 or waive service under Tex. Fam. Code § 6.4035, and a Texas court generally cannot grant the divorce sooner than 60 days after filing per § 6.702.

Filing for divorce in Texas involves meeting residency requirements, submitting specific legal documents, and observing a mandatory waiting period. This article explains the Texas legal framework for filing a divorce case from start to final decree. It does not give county-specific procedural advice; local rules vary by county.

This walkthrough is written for a Texas spouse considering or preparing to file for divorce: whether pursuing an uncontested divorce with a cooperative other spouse or navigating a contested divorce where disagreements exist.

After reading, you will understand:

  • Texas residency requirements under § 6.301
  • How to choose between no-fault and fault-based grounds
  • The basic steps for filing the original petition and serving your spouse
  • The mandatory 60-day waiting period and its narrow exceptions
  • How temporary orders, discovery, mediation, and the final hearing work

Step 1: Confirm Texas Residency Under Tex. Fam. Code § 6.301 (and §§ 6.302–6.304 Military Exceptions)

Tex. Fam. Code § 6.301 provides that a suit for divorce may not be maintained in this state unless, at the time the suit is filed, either the petitioner or the respondent has been (1) a domiciliary of Texas for at least six months and (2) a resident of the county in which the suit is filed for at least 90 days.

To file for divorce in Texas, either spouse must have lived in Texas for at least six months and in the county where the divorce is filed for at least 90 days. If the spouse filing for divorce lives outside of Texas, they can file in the county where the other spouse lives, provided that the other spouse has lived in Texas for at least six months.

Military Personnel Exception

Texas law allows military personnel and their spouses to count time spent outside of Texas as residency for the purpose of filing for divorce, as long as Texas is considered their home state. Tex. Fam. Code § 6.303 ensures that time spent by a Texas domiciliary outside Texas while serving in the armed forces (or accompanying a spouse on active military service) still counts toward both state and county residency requirements. Section 6.304 treats military personnel stationed in Texas for at least six months and 90 days in a specific county as meeting the residency threshold even if they were not previously Texas residents.

Both conditions in § 6.301, state and county, must be met before filing. Courts strictly apply these requirements; failure to satisfy them when the petition is filed can result in temporary orders being vacated and the divorce case being dismissed.

Step 2: Choose a Ground Under Tex. Fam. Code § 6.001 (No-Fault) or §§ 6.002–6.007 (Fault)

Texas allows divorce on no-fault and fault grounds. The ground you choose affects pleading requirements and may influence property division in some cases.

No-Fault: Insupportability (§ 6.001)

In Texas, divorce can be filed on the grounds of “insupportability,” which is considered a no-fault divorce. Section 6.001 authorizes a Texas court to grant a divorce without regard to fault when the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the family relationship and prevents any reasonable expectation of reconciliation. Most Texas divorces are pled under § 6.001 because it requires no proof of wrongdoing by either spouse.

Fault Grounds (§§ 6.002–6.007)

Texas law provides six fault-based grounds:

  • Cruelty (§ 6.002): Physical or emotional cruelty making living together insupportable
  • Adultery (§ 6.003): Voluntary sexual intercourse with someone outside the marriage
  • Conviction of a felony (§ 6.004): Spouse convicted and imprisoned for at least one year without pardon
  • Abandonment (§ 6.005): Spouse left with intent to abandon and remained away for at least one year
  • Living apart for at least three years (§ 6.006): Spouses have lived apart without cohabitation for three years
  • Confinement in a mental hospital (§ 6.007): Spouse confined for at least three years with mental disorder unlikely to improve

A Texas petitioner may plead one ground or multiple grounds in the alternative. Fault grounds require evidence and may affect how the judge divides community property under the “just and right” standard, potentially shifting the division in favor of the innocent spouse.

Step 3: File the Original Petition for Divorce in the District Court

A Texas divorce is filed in a district court of the county in which the venue requirements under § 6.301 are met. In some counties, family law cases are heard by specialized family district courts; in others, by district courts of general jurisdiction.

Preparing the Original Petition

The Original Petition for Divorce form is required to initiate a divorce case in Texas, and it must include information about the marriage and the orders requested from the court. The petition identifies:

  • Names of both spouses (the person who initiates the divorce process is referred to as the Petitioner, while the other spouse is called the Respondent)
  • Date of marriage and date of separation if relevant
  • Residency facts satisfying § 6.301
  • The ground(s) pled under § 6.001 or §§ 6.002–6.007
  • Relief sought: division of community property and separate property, spousal support if applicable, and (if children involved) conservatorship, child support, and possession orders

Under Tex. Fam. Code § 6.402, the petition need only state the ground relied upon in statutory language; detailed evidentiary facts are not required and may be stricken.

Required Accompanying Documents

Accompanying documents typically include a Civil Case Information Sheet and, where minor children are involved, a Confidential Information Sheet under Texas court rules. If children are involved, attending a co-parenting class and filing a Suit Affecting the Parent-Child Relationship (SAPCR) is required.

In Texas, there is only one official divorce form approved by the Texas Supreme Court for an agreed divorce without real property or minor children, which was established in 2017. Standard OCA court forms for Texas divorces are available at txcourts.gov. TexasLawHelp.org provides toolkits that include instructions and forms for divorces without minor children, which cover both agreed and default divorce scenarios. Cases with children involved, significant real property, or any contest generally require attorney drafting.

Filing Fees and E-Filing

Filing fees for divorce in Dallas County generally range from $300 to $350, depending on the circumstances of the divorce. Fees vary by county. Texas requires electronic filing (e filing) in most civil cases through the state’s eFileTexas system (efiletexas.gov) for represented parties; self-represented parties may also use the e-filing system or may file in person at the clerk’s office, depending on local court rules.

A filer who does not have enough money for court costs may file a Statement of Inability to Afford Payment of Court Costs under Tex. R. Civ. P. 145 to request a fee waiver.

Step 4: Service of Process Under Tex. R. Civ. P. 99 (or Waiver Under § 6.4035)

After filing, the respondent must be given notice of the divorce papers. Under Tex. R. Civ. P. 99, the district clerk issues a citation that is served on the respondent, typically by a sheriff, constable, or certified process server. The service form must be properly completed and filed with the court.

Waiver of Service

If your spouse agrees to the divorce and wants to expedite the process, Tex. Fam. Code § 6.4035 authorizes a written waiver of service signed by the respondent after the suit is filed. The waiver must:

  • Acknowledge receipt of a copy of the filed petition
  • Include the respondent’s mailing address
  • Be sworn before a notary who is not an attorney in the case
  • Not use digitized signatures

The waiver must be on file before the divorce can be finalized; local practice often requires it to be filed at least 10 days before the final decree. The waiver cannot be used if the respondent is incarcerated.

Alternative Service Methods

Where the respondent’s residence is unknown and reasonable diligence does not locate them, Tex. R. Civ. P. 109/109a authorize service by publication or by posting. The court may also order substituted service under Tex. R. Civ. P. 106. In divorces with minor children, service by publication is more restricted, and an attorney ad litem may need to be appointed.

Step 5: Respondent’s Answer and the § 6.702 Waiting Period

Response Deadline

The respondent’s deadline to answer under Tex. R. Civ. P. 99 is the Monday following the expiration of twenty days after the date of service. If the other spouse fails to answer, the petitioner may seek a default judgment.

The 60-Day Waiting Period

In Texas, there is a mandatory waiting period of at least 60 days before a divorce can be finalized after filing the Original Petition for Divorce. Tex. Fam. Code § 6.702 provides that a Texas court may not grant a divorce before the sixtieth day after the date the suit was filed. This 60-day waiting period runs from the date of filing, not from service.

When counting the 60-day waiting period, the day the Original Petition for Divorce is filed is not included; Day 1 is the day after filing. If the 60th day of the waiting period falls on a weekend or holiday, the divorce can be finalized on the next business day.

Texas law requires a 60-day waiting period between filing the petition for an uncontested divorce and finalizing the divorce, allowing both parties time to ensure that divorce is the right decision and to finalize any pending details.

Narrow Exceptions to the Waiting Period

Section 6.702(c) provides two narrow exceptions:

  1. The respondent has been finally convicted of or received deferred adjudication for an offense involving family violence against the petitioner or a member of the petitioner’s household
  2. The petitioner has an active protective order under Tex. Fam. Code Title 4 against the respondent

These exceptions require documentation; emotional or personal claims of family violence alone are not sufficient to waive the waiting period.

Step 6: Temporary Orders During the Pendency (§ 6.502 and § 105.001)

Between filing and final decree, a Texas court may enter temporary orders to maintain stability while the divorce case is pending.

Property and Party Protection (§ 6.502)

Tex. Fam. Code § 6.502 authorizes temporary restraining orders and temporary injunctions for the preservation of the parties’ community property and protection of the parties. These orders may address:

  • Exclusive use of the marital residence
  • Restraints against disposing of real property or other assets
  • Allocation of debts, including insurance policies and financial support obligations

Child-Related Temporary Orders (§ 105.001)

Section 105.001 authorizes temporary orders for the safety and welfare of any child of the marriage, including:

  • Temporary conservatorship and possession schedules
  • Temporary child support
  • Restrictions on conduct affecting the children

Temporary orders are usually obtained after notice and hearing. They remain in effect until the judge signs the final decree or modifies them.

Step 7: Discovery, Mediation, and the Final Decree

Discovery

Between temporary orders and the final hearing, the parties typically engage in discovery under the Texas Rules of Civil Procedure. Discovery tools include interrogatories, requests for production of documents (financial records, insurance policies, debts), requests for admission, and depositions. Discovery is particularly important in contested divorce cases with significant community property or disputes about separate property.

Mediation

Many Texas counties refer family law cases to mediation under local rules. A mediated settlement agreement that meets the requirements of Tex. Fam. Code § 6.602 (in divorce) or § 153.0071 (in SAPCR) is generally binding on the parties and may be presented to the court for entry of a decree consistent with the agreement. The statute requires that mediated settlement agreements be clearly labeled (bold or underlined) stating they are non-revocable.

The Final Hearing and Decree

After the waiting period expires and all issues are resolved (by agreement, mediation, or trial), the court schedules a final hearing. At the hearing, the petitioner (or both parties in an agreed divorce) presents testimony or an affidavit confirming the basic information required by law.

In Texas, the Final Decree of Divorce includes orders regarding the division of property and debt, which must be agreed upon by both spouses before submission to the court in an uncontested case. Texas follows the community property standard for dividing assets and debts in a divorce, meaning that marital property and debts are generally divided evenly between spouses under the “just and right” standard of Tex. Fam. Code § 7.001. Complicating factors, such as the length of the marriage and the financial situation of each spouse, can affect how property and debts are divided in a Texas divorce.

A Final Decree of Divorce is signed by the judge and entered by the clerk; it dissolves the marriage, divides property, addresses conservatorship and child support if children are involved, and may include other relief such as spousal support or a name change. Under Tex. Fam. Code § 6.801, neither spouse may remarry within 31 days after the divorce decree is signed unless waived for good cause.

Filing Fees, Fee Waivers, and E-Filing in Texas

Filing fees for a Texas divorce vary by county, generally ranging from $250 to $400 depending on whether minor children are involved. A filer who cannot afford the filing fee may file a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond under Tex. R. Civ. P. 145.

Texas requires electronic filing in most civil cases through the state’s eFileTexas system (efiletexas.gov) for represented parties; self-represented parties may also use the e-filing system or may file in person, depending on local court rules.

How a Texas Family Lawyer Can Help

A Texas family lawyer can analyze venue and residency under §§ 6.301–6.304, advise on which ground(s) to plead under § 6.001 or §§ 6.002–6.007, draft the Original Petition and any temporary orders motions, coordinate service under Tex. R. Civ. P. 99 or a § 6.4035 waiver, conduct discovery, represent the spouse at mediation, and draft the Final Decree.

An uncontested divorce occurs when both spouses agree on all the terms of the divorce without the need for court intervention to resolve disputes, making the process typically faster and less emotionally taxing than contested divorces. Self-represented Texas divorces are most workable in uncontested cases without children involved; cases with minor children, significant property, same sex couples with complex issues, or any contest typically need attorney involvement from the State Bar of Texas.

FLNT Free Case Alignment Review

If you’re considering filing for divorce in Texas, FLNT offers a Free Case Alignment Review, a short call to determine whether your case is a fit for our firm. If a fit, the next step is a $275 Attorney Strategy Consultation. Schedule a Free Case Alignment Review.

Frequently Asked Questions

Q: How long do I have to live in Texas before I can file for divorce? A: Tex. Fam. Code § 6.301 requires six months of Texas domicile plus 90 days of residency in the filing county before the suit is filed. In Texas, one spouse must have lived in the state for at least six months and in the county where the divorce is filed for at least 90 days to be eligible to file for an uncontested divorce.

Q: Do both spouses have to live in Texas? A: No. Section 6.301 is satisfied if either the petitioner or the respondent meets the residency requirements.

Q: Does Texas require a reason for divorce? A: No proof of fault is required. Tex. Fam. Code § 6.001 authorizes divorce on the no-fault ground of insupportability; fault grounds under §§ 6.002–6.007 are optional alternatives.

Q: How fast can a Texas divorce be finalized? A: Tex. Fam. Code § 6.702 sets a minimum 60-day waiting period from the date of filing before a court may grant the divorce. The actual time to final decree typically exceeds 60 days; § 6.702(c) provides two narrow exceptions for cases involving family violence convictions or active protective orders.

Q: Where do I file the divorce? A: In the district court of the Texas county where the § 6.301 residency requirement is met. Some counties have specialized family district courts.

Q: How is my spouse notified? A: The respondent must be served with citation under Tex. R. Civ. P. 99 or may sign a written waiver of service under Tex. Fam. Code § 6.4035. Substituted or alternative service is available under Tex. R. Civ. P. 106/109/109a where service is not effected by usual means.

Q: How long does my spouse have to respond? A: Under Tex. R. Civ. P. 99, the respondent’s answer is due the Monday following the expiration of 20 days after service.

Q: What if I can’t find my spouse? A: Tex. R. Civ. P. 109/109a authorize service by publication or posting after reasonable diligence to locate the respondent. The exact procedure depends on facts and local court rules.

Q: Can I file for divorce in Texas without a lawyer? A: Yes, but self-represented divorces are most workable in uncontested cases without minor children. The Texas Office of Court Administration maintains standardized divorce forms at txcourts.gov.

Q: What does it cost to file for divorce in Texas? A: Filing fees vary by county. A filer who cannot afford the fee may file a Statement of Inability to Afford Payment under Tex. R. Civ. P. 145. For additional information on fees, contact your county clerk’s office or speak with an attorney.

Texas Resources

  • Tex. Fam. Code §§ 6.301, 6.302 (residency); § 6.001 (insupportability); §§ 6.002–6.007 (fault grounds): statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
  • Tex. Fam. Code § 6.4035 (waiver of service); § 6.502 (TROs); § 6.602 (mediated settlement); § 6.702 (60-day waiting period)
  • Tex. Fam. Code § 105.001 (temporary orders); § 7.001 (just-and-right division)
  • Tex. R. Civ. P. 99 (citation/service); Rule 106 (substituted service); Rules 109 and 109a (service by publication and posting); Rule 145 (statement of inability to afford payment of court costs)
  • Texas Office of Court Administration: txcourts.gov (standardized divorce forms)
  • eFileTexas: efiletexas.gov (electronic filing)
  • TexasLawHelp: texaslawhelp.org
  • State Bar of Texas Family Law Section: texasbarfamilylaw.org

Disclaimer

This article is general information about Texas family law. It is not legal advice and does not create an attorney-client relationship. Reading this article does not establish you as a client of Family Law of North Texas. For advice about your specific situation, contact Family Law of North Texas at (945) 300-5522 or another licensed Texas attorney.