How to File for Divorce in Texas

If you’ve reached this page, you’ve taken the first step in learning how to file for divorce in Texas. We know this is not an easy decision; it is profoundly emotional and often loaded with uncertainty, especially when children are involved. 

Fortunately, there is a step-by-step process to filing for divorce in Texas, which will, in time, make those overwhelming feelings a little more manageable.

How to File for Divorce in Texas

This blog walks you through how to file for divorce in Texas. It is not a substitute for legal advice from a family attorney; it is simply intended to give you a better idea of what to expect during the process, whether you obtain representation or choose to represent yourself. 

We’ll cover six crucial steps involved in filing for divorce in Texas, including:

  • Texas Residency Requirements
  • Filing the Original Petition for Divorce with the District Clerk
  • Serving Your Spouse with Divorce Papers
  • What Happens During the 60-Day Waiting Period?
  • Whether You Should Negotiate or Litigate Your Divorce
  • Understanding the Final Decree of Divorce 

Step 1: Make Sure You Meet Texas Residency Requirements

Before anything can be filed, Texas Family Code Section 6.301 requires that at least one spouse meet state residency requirements. That means either spouse must have lived in Texas for the past six months, and in the county where you plan to file for a minimum of 90 days.

If you recently moved, or if you and your spouse live in different counties or different states, a family law attorney can help you sort out exactly where to file. Getting this right before you start saves time later.

Step 2: File the Original Petition for Divorce

The divorce process officially begins when you file an Original Petition for Divorce with the District Clerk in the appropriate county. This document formally initiates the case and places it within the jurisdiction of the Texas court system. The person who files the petition is called the petitioner, and the spouse is the respondent. 

When you file your Original Petition for Divorce, you may also be asked to complete a Civil Case Information Sheet. This form, approved by the Texas Judicial Council, gives the court a snapshot of the case, including the names of the petitioner and respondent and the nature of the suit. It helps the clerk’s office categorize and route it properly. 

It is worth noting that the Texas Supreme Court repealed the rule formally requiring the Civil Case Information Sheet, as that information is now captured through the state’s electronic filing system. However, if you plan to file paper documents in person at the clerk’s office, it is still recommended that you bring a completed copy of the Information Sheet. When in doubt, a family attorney will know what your specific county requires.

Lastly, a filing fee is required at the time of submission. The amount varies by county. If you cannot afford these fees, you can submit a Statement of Inability to Afford Payment of Court Costs. If approved, this waiver allows you to proceed without paying the standard fees.

Step 3: Serve Your Spouse

Once the petition is filed, your spouse, the respondent, must be formally notified. This is called service of process, and it ensures that the other party knows a divorce case has been opened. You cannot personally deliver the documents to your spouse; instead, they must be delivered by an authorized individual, such as a sheriff, constable, or private process server.

After being served, your spouse has a specific deadline to file a formal answer with the court. Under Texas Rule of Civil Procedure 99(b), the respondent must file a written answer by 10:00 a.m. on the first Monday after 20 days have passed since being served. 

If your spouse is aware of the filing and is willing to cooperate, they can voluntarily sign a Waiver of Service under Texas Family Code Section 6.4035. To be valid, that waiver must acknowledge receipt of the filed petition, include a mailing address, and be sworn before a notary who is not an attorney in the case. The waiver must also be on file with the court, typically for at least 10 days before the divorce can be finalized. Timelines can vary by county.

If the respondent doesn’t file an answer, the petitioner can request a default judgment. This allows the court to finalize terms based on what was requested in the original petition without input from the respondent. 

Step 4: The 60-Day Waiting Period

Texas Family Code Section 6.702 requires a mandatory 60-day “cooling-off” period before divorces can be finalized. This applies in nearly all cases and allows both parties to negotiate terms, gather financial records, and, if children are involved, work through custody and support arrangements. 

The only exceptions to this rule are when the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner or a member of the petitioner’s household, or when the petitioner has an active protective order or magistrate’s order for emergency protection based on family violence committed during the marriage.

Additionally, the 60-day waiting period does not apply to suits for annulment or marriages that are considered legally void. Texas considers the following grounds that void a marriage: incest, bigamy, a minor spouse, or a marriage between stepchild and stepparent. 

Step 5: Should You Negotiate or Litigate Your Divorce?

Once the petition is filed and the waiting period begins, the divorce enters the resolution phase. If you and your spouse can agree on all terms, including the division of property, custody, and support, you have an uncontested divorce. The uncontested divorce process moves more quickly, costs less, and avoids a courtroom hearing beyond what is minimally required.

If there are disputes, however, the divorce is considered “contested,” and those issues must be resolved through negotiation, mediation, or, if necessary, litigation. The court may refer the case to mediation by agreement or by order. Mediation will give both parties more time and a structured opportunity to settle outside of a courtroom, which is usually faster and less adversarial than going to trial.

Step 6: The Final Decree of Divorce

Once all issues are resolved, the judge will sign the Final Decree of Divorce. This document is legally binding and contains the divorce’s finalized terms, including property division, custody, support, and any other relevant orders. It is highly recommended that both spouses keep a copy of this decree.

After the decree is signed, additional steps may be required, such as transferring vehicle titles, updating beneficiaries on life insurance policies and retirement accounts, and revising estate planning documents. A family attorney can walk you through what still needs to happen.

A Note on Representing Yourself

You are legally permitted to file for divorce in Texas without an attorney. The process, however, involves legal deadlines, court procedures, financial disclosures, and, again, if children are involved, decisions that will affect your family for a long time. An error in a petition, a missed deadline, or vague language in the final decree can create problems down the road.

If your situation involves contested property, children, a business, retirement accounts, or any history of family violence, speaking with a family attorney before you file is worth your time. Our team at Ballard & Fleetwood, PLLC, is here to help and ready to advise you on your divorce. 

Please reach out with any questions.

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Disclaimer: This page and all of its contents, including any sources cited, are for informational purposes only and not for the purpose of providing legal advice. Use of and access to this article or any of the links contained within the article do not create an attorney-client relationship between the author and the user or browser. You should contact your attorney to obtain advice with respect to any particular issue or problem.