How to File for Divorce
in Texas
A complete guide for Texas residents — residency requirements, no-fault grounds, filing fees, property division rules, and a 6-step process overview.
Filing Fee
$300-$400 (check with your county district clerk)
Approximate
Timeline
3-6 months (minimum 60 days by law)
Uncontested
Property
Community property
Division rule
Texas Divorce — Key Facts
Residency Requirement
6 months in the state and 90 days in the county before filing
Grounds for Divorce
Insupportability (no-fault)
Separation Period
3 years of living apart is an alternative ground; none required for insupportability
Property Division
Community property
Filing Fee
$300-$400 (check with your county district clerk)
Average Timeline
3-6 months (minimum 60 days by law)
Texas-Specific Rule
Texas is a community property state and has a mandatory 60-day waiting period after the petition is filed before the divorce can be finalized. Texas also recognizes common-law marriage.
6-Step Divorce Process in Texas
Confirm You Meet Residency Requirements
6 months in the state and 90 days in the county before filing. If you don't yet qualify, you can still start organizing your documents — just wait to file until the residency requirement is met.
Gather Financial and Personal Documents
Collect marriage certificate, bank statements, tax returns (last 2 years), property deeds, vehicle titles, retirement account statements, and any prenuptial agreements. JustiPal™ provides a complete document checklist.
Complete the Divorce Petition
File the Petition for Dissolution of Marriage (or Divorce Complaint, depending on Texas's terminology). State the grounds as "Insupportability (no-fault)." Include your marriage date, separation date if applicable, and requested relief.
Serve Your Spouse
Your spouse must be formally notified of the divorce filing. This can be done by a process server, certified mail, or sheriff. Your spouse has a set number of days to respond.
Negotiate or Agree on Terms
Reach agreement on property division (Community property rules apply in Texas), debt allocation, spousal support if applicable, and child custody and support if you have children.
Finalize the Divorce Decree
Submit your Settlement Agreement and financial disclosures to the court. For uncontested divorces, a judge reviews and signs the Final Judgment. Texas is a community property state and has a mandatory 60-day waiting period after the petition is filed before the divorce can be finalized. Texas also recognizes common-law marriage.
Frequently Asked Questions — Texas Divorce
How long do I have to live in Texas before I can file for divorce?
6 months in the state and 90 days in the county before filing. This residency requirement must be met before the court can accept your divorce petition. If you don't yet meet the requirement, you can still begin organizing your documents and preparing your case.
What are the grounds for divorce in Texas?
Texas recognizes no-fault divorce based on "Insupportability (no-fault)." You don't need to prove fault, wrongdoing, or that your spouse did anything wrong — simply that the marriage has broken down and cannot be repaired.
How much does it cost to file for divorce in Texas?
The estimated court filing fee in Texas is $300-$400 (check with your county district clerk). Filing fees vary by county. Additional costs may include a process server (typically $30–$100), and document preparation services like JustiPal™ ($197).
How is property divided in a Texas divorce?
Texas follows Community property rules. Texas is a community property state and has a mandatory 60-day waiting period after the petition is filed before the divorce can be finalized. Texas also recognizes common-law marriage.
How long does divorce take in Texas?
An uncontested divorce in Texas typically takes 3-6 months (minimum 60 days by law). Separation period: 3 years of living apart is an alternative ground; none required for insupportability. Contested divorces involving disagreements over property division or child custody can take 1–3 years.
Related Resources
Free Check
Divorce Readiness Check
See if you're ready to file in Texas — takes 2 minutes. Covers residency, documents, and property.
Check My ReadinessFull Service · $197
Divorce Intake Package
Guided divorce intake with Texas-specific document checklist and organized filing packet.
- Complete intake workflow
- Texas document checklist
- Property inventory worksheet
- Ready-to-file packet
Document preparation · Not a law firm
JustiPal™ is a document preparation service. We do not provide legal advice. For contested divorces or complex situations, consult a licensed family law attorney in Texas.
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