How to File for Divorce in Texas
Complete guide to Texas divorce process, forms, and requirements for 2025
Steps to File for Divorce in Texas
1
Meet Residency Requirements
One spouse must have been a Texas resident for 6 months, and a resident of the filing county for 90 days.
2
File the Petition
File an Original Petition for Divorce with the District Court. Texas allows no-fault (insupportability) or fault-based grounds.
3
Serve Your Spouse
Your spouse must be served with the petition, or sign a Waiver of Service. They have until the Monday after 20 days to respond.
4
Complete Inventory
Exchange Inventory and Appraisement listing all community and separate property.
5
Attend Hearings
Attend any required hearings. Uncontested cases may only need one prove-up hearing.
6
Finalize After 60-Day Wait
Texas requires a 60-day waiting period from filing before the divorce can be finalized.
Texas Divorce Requirements
Residency Requirement
6 Mo State / 90 Days County
6 months Texas residency and 90 days in filing county required.
Waiting Period
60 Days
Texas requires a 60-day waiting period from filing before divorce can be finalized.
Filing Fees
$300+
Filing fees vary by county. Generally $300-350. Fee waivers available.
Required Texas Divorce Forms
Original Petition for Divorce
Primary form to initiate divorce
Citation/Waiver of Service
For service or waiver
Inventory and Appraisement
Property disclosure
Final Decree of Divorce
Final divorce judgment
Parenting Plan/Custody Order
Child arrangements if applicable
Contested vs. Uncontested Divorce in Texas
Agreed Divorce
- Both spouses agree
- 60-day minimum
- One prove-up hearing
- Waiver of Service
- Lower costs
- Faster process
Contested Divorce
- Spouses disagree
- Takes longer
- Discovery required
- Multiple hearings
- May need trial
- Higher costs
Important Things to Know
Texas is a community property state, meaning most assets acquired during marriage are divided equally. The 60-day waiting period is mandatory but waivable in family violence cases.
Texas-Specific Considerations
- Texas is a community property state
- 60-day mandatory waiting period
- 6-month state / 90-day county residency
- Waiver of Service available
- Agreed divorce process for uncontested
Ready to Start Your Texas Divorce?
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