Texas divorce filing requires meeting specific residency requirements, choosing the correct venue, and submitting mandatory court forms. This comprehensive checklist covers everything you need for a Texas divorce: residency rules under Family Code § 6.301, required petition forms, and the $350 filing fee. Whether you're just starting to understand the divorce process or ready to file, this guide provides a clear roadmap for 2025.
Texas Divorce Residency Requirements
Before you can file for Texas divorce, you must meet the state's residency requirements. Under Texas Family Code § 6.301, at least one spouse must have been a Texas domiciliary for at least 6 months and a resident of the filing county for at least 90 days before starting the Texas divorce process.
Only one spouse needs to meet these requirements—not both. If your spouse lives in Texas but you don't, you can still file in their county as long as they meet the residency requirements. Texas is also a no-fault divorce state, meaning you can file based on "insupportability" without proving wrongdoing.
Choosing the Right Venue for Filing
Venue refers to which county you file in. You must file in the district court (or family district court where applicable) of a county where either spouse has lived for the preceding 90 days. If you recently moved within Texas, you'll need to wait until you've lived in the new county for 90 days or file in your previous county.
The venue choice matters for court appearances and local rules. Each Texas county has its own family law procedures, mediation requirements, and filing systems. Many counties, like Travis, Dallas, and Harris, maintain standing orders that automatically restrain both parties from certain actions during the divorce.
Required Forms for Texas Divorce Filing
Every Texas divorce starts with the Original Petition for Divorce. This document officially begins your case and identifies the grounds for divorce (typically "insupportability"), any children involved, and the relief you're seeking.
In 2017, the Texas Supreme Court approved simplified forms for agreed divorces without real property or minor children. For other situations, TexasLawHelp.org provides comprehensive toolkits with all necessary forms and instructions.
You'll also need to complete the VS-165 Report of Divorce or Annulment before the judge signs your decree. This mandatory form is transmitted to the Vital Statistics Unit and is required by Texas statute.
Calculate Your Estimated Divorce Costs
Before filing, it's helpful to understand the full financial picture of your Texas divorce. Use our free calculator to get a personalized estimate based on your specific situation.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Texas Divorce Filing Fees and Costs
The statewide base filing fee for Texas divorce is $350, composed of a $137 state consolidated civil fee and a $213 local consolidated civil fee. This structure is set by Texas Local Government Code § 133.151 and § 135.101. Counties may add small charges for issuance of citation, copies, and constable service, so your total may exceed $350. For strategies on managing these costs, see our guide to saving money on divorce.
If you cannot afford the filing fee, you can file the Supreme Court-approved Statement of Inability to Afford Payment of Court Costs. The Texas Judicial Branch website provides this form and instructions for applying for a fee waiver.
The 60-Day Waiting Period
Texas law requires a mandatory 60-day waiting period before a divorce can be finalized. This period begins on the date you file your petition, not the date your spouse is served. The only exceptions to this waiting period involve family violence cases where the respondent has been convicted or has an active protective order.
Even if you and your spouse agree on everything, the court cannot grant the divorce until at least 60 days have passed. Most agreed divorces without children or property take 75-120 days total when accounting for court calendars and scheduling. For a detailed breakdown of each phase, see our complete Texas divorce timeline guide.
E-Filing in Texas
Texas uses eFileTexas.gov for electronic filing. While attorneys are required to e-file, self-represented parties may file electronically through the state's portal using a free Electronic Filing Service Provider. You can also file in person at your county's district clerk office. E-filing is generally faster and provides immediate confirmation of receipt.
Frequently Asked Questions
Can I file for divorce in Texas if my spouse lives in another state? Yes, as long as you meet Texas's residency requirements (6 months in Texas, 90 days in the county). Your spouse's location doesn't matter for filing, though you'll need to arrange proper service of documents.
What if I just moved to a new county in Texas? You can file in your previous county until you've lived in the new county for 90 days. After 90 days, you can file in either county.
Do both spouses need to meet the residency requirements? No, only one spouse needs to meet the 6-month Texas and 90-day county residency requirements. The other spouse can live anywhere.
