How to File for Divorce in Texas: A Step-by-Step Guide

Filing for divorce in Texas is more manageable than most people expect — especially when both spouses agree. If your divorce is uncontested (you agree on the split of property, debts, and any parenting arrangements), you can complete the official Texas court forms yourself and finish in a little over two months.

This guide walks through the whole process, step by step, with the Texas Family Code sections that govern each stage so you can verify everything yourself.

Uncontested only. This guide covers agreed, no-fault divorces. If you and your spouse disagree on major issues, or there’s family violence involved, talk to a licensed Texas attorney.

Step 1: Make sure you meet the residency requirement

Before you can file, Texas law requires that one spouse has lived in Texas for at least 6 months, and in the county where you file for at least 90 days (Texas Family Code §6.301). It only has to be one of you — not both.

You file in the district court of the county that meets the 90-day rule. If you and your spouse live in different qualifying counties, you can generally file in either one.

Step 2: Confirm your grounds for divorce

Texas is a no-fault divorce state. The vast majority of divorces are filed on the ground of insupportability — meaning the marriage has become insupportable because of discord or conflict of personalities, with no reasonable expectation of reconciliation (Texas Family Code §6.001).

You do not have to prove anyone did anything wrong. “Insupportability” is the box nearly every agreed divorce checks, and it keeps the process simple. Fault grounds (like adultery or cruelty) exist but are rarely necessary in an uncontested case and can complicate it.

Step 3: Prepare your divorce forms

The core document is the Original Petition for Divorce, which opens your case. Depending on your situation, an uncontested divorce packet typically includes:

• Original Petition for Divorce — starts the case and states what you’re asking the court to order.
• Waiver of Service — signed by your spouse so they don’t have to be formally served (see Step 5).
• Final Decree of Divorce — the order the judge signs to grant the divorce and finalize the terms.
• A county-specific standing order or civil case information sheet, where required.

Texas has official, state-approved forms for these, available free from the Texas courts and TexasLawHelp.org. Filling them out correctly — with the exact caption, county, and required language — is where most self-filers get stuck, which is where a document-preparation service helps.

Step 4: File your petition with the district clerk

Take (or e-file) your completed Original Petition to the district clerk in your county. You’ll pay a filing fee — usually in the $300–$400 range depending on the county — and the clerk assigns your case a cause number.

Most Texas counties now require electronic filing through eFileTexas.gov for represented parties, though self-represented filers can often still file in person. If you can’t afford the fee, file a Statement of Inability to Afford Payment of Court Costs and ask the court to waive it.

The day you file starts the clock on the 60-day waiting period.

Step 5: Notify your spouse (service or waiver)

Your spouse has to be officially notified that you’ve filed. In an agreed divorce, the easiest route is a Waiver of Service: your spouse signs a form saying they got a copy of the petition and don’t need to be formally served (Texas Family Code §6.4035).

Two important rules for the waiver:

• It must be signed after the petition is filed (not before).
• It must be notarized (signed in front of a notary).

If your spouse won’t sign a waiver, you’ll need to have them formally served with citation by a constable, sheriff, or private process server.

Step 6: Wait out the 60-day period

Texas imposes a mandatory cooling-off period: a court cannot grant your divorce until the 61st day after the petition was filed (Texas Family Code §6.702). There are narrow exceptions for family-violence cases, but for a standard divorce, plan on at least 60 days.

Use this time to finalize your Final Decree of Divorce so it’s ready to present to the judge — with the property division, any name change, and all agreed terms filled in.

Step 7: Finalize at the prove-up

Once the 60 days have passed and your paperwork is complete, you finish with a prove-up — a short, usually painless final step where the judge reviews and signs your Final Decree.

How this works varies by county. Some counties hold a brief in-person prove-up hearing where you answer a handful of routine questions under oath; others (like Bexar) let agreed cases finalize by submitting paperwork or an affidavit without appearing. Check your county’s specific procedure — our county guides cover the five largest.

When the judge signs the decree, your divorce is final.

A quick recap

1. Meet the residency rule (6 months in Texas, 90 days in the county).
2. File on the ground of insupportability (no-fault).
3. Prepare your petition, waiver, and decree.
4. File the petition with the district clerk and pay the fee.
5. Have your spouse sign a notarized Waiver of Service.
6. Wait at least 60 days.
7. Finalize at the prove-up when the judge signs your decree.

If your divorce is genuinely agreed, you don’t need to pay thousands for a lawyer to move papers through this process. The forms are standard — the hard part is filling them out exactly right for your county, which is what we do.