Texas DIY Divorce: A Complete Guide

Texas offers straightforward pathways for couples seeking a DIY divorce. With the state's e-filing system, Supreme Court-approved forms, and free legal resources, many Texans successfully complete their divorce without hiring attorneys. This guide covers agreed divorce procedures, e-filing through eFileTexas, mediation options, and eligibility requirements.

Agreed (Uncontested) Divorce in Texas

An agreed divorce is the simplest path when both spouses agree on all issues. In Texas, you can pursue an agreed divorce if you and your spouse have reached agreement on property division, debts, and (if applicable) child custody, possession schedules, and support.

The Texas Supreme Court has approved official forms for agreed divorces without children and without real property. These standardized forms are available through the Texas State Law Library and can be completed without an attorney.

For divorces involving children or real property, TexasLawHelp.org provides comprehensive toolkits with step-by-step instructions, forms, and FAQs to guide you through the process.

E-Filing Through eFileTexas

Texas offers electronic filing through eFileTexas.gov, the official e-filing portal for Texas courts. The site provides guided interviews specifically designed for self-represented filers.

To file for divorce using eFileTexas:

• Click "Start a Filing" on the homepage
• Select the "FAMILY CASES" interview
• Follow the guided questions to generate your forms
• Pay the filing fee electronically
• Submit your completed documents to the court

The e-filing website is free to use, though you'll still need to pay standard court filing fees. E-filing eliminates trips to the courthouse and ensures your documents are properly formatted.

Residency Requirements

Before filing for divorce in Texas, you must meet the residency requirements under Family Code Section 6.301:

• State residency: At least one spouse must have been a Texas domiciliary for 6 months
• County residency: At least one spouse must have resided in the filing county for 90 days

A non-Texas spouse can file in the Texas county where the Texas-domiciled spouse resides, as long as the residency requirements are met.

Filing Fees and Fee Waivers

The statewide base filing fee for a new divorce case in Texas is $350, comprised of:

• $137 state consolidated civil fee
• $213 local consolidated civil fee

Counties may assess additional charges for citation issuance, copies, and service by constable or sheriff. Check your county's district clerk website for the complete fee schedule.

If you cannot afford court costs, Texas offers fee waivers. File the "Statement of Inability to Afford Payment of Court Costs" form, available at txcourts.gov.

The 60-Day Waiting Period

Texas imposes a mandatory 60-day waiting period from the date of filing before a divorce can be finalized. This waiting period applies even in agreed divorces. Combined with court scheduling, most uncontested Texas divorces are finalized within 60-90 days when paperwork is complete and error-free.

The waiting period can be waived only in limited family violence situations—specifically when the respondent has a qualifying family violence conviction or deferred adjudication, or the petitioner has an active protective order.

Mediation Options

While mediation isn't mandatory statewide, many Texas courts require it before a contested final hearing. If you and your spouse struggle to reach agreement, mediation can help bridge the gap without going to trial.

A Mediated Settlement Agreement (MSA) that meets statutory requirements—including prominent language stating it is "not subject to revocation"—becomes binding and entitles you to judgment. This makes mediation a powerful tool for resolving disputes efficiently.

Estimate Your Texas Divorce Costs

Use our calculator to estimate your total Texas divorce costs, including filing fees and potential service costs. For a complete document checklist, see our Texas divorce filing checklist.