If you are searching for a San Antonio divorce lawyer, the process runs through one office: the Bexar County District Clerk's Central Filing Department in the Paul Elizondo Tower at 101 W. Nueva, Suite 217, San Antonio, TX 78205. Filing fees in 2026 run about $350 without children and $401 with children, the case is heard in the Bexar County Civil District Courts at 100 Dolorosa, and no divorce is granted sooner than 60 days after filing under Texas Family Code § 6.702. Below is what local filing actually looks like, what an attorney costs here, and how Bexar County handles property and children.
Key Facts: Divorce in San Antonio, Texas
| Item | Detail |
|---|---|
| County | Bexar County |
| Filing court | Bexar County District Clerk, Central Filing Department |
| Court address | Paul Elizondo Tower, 101 W. Nueva, Suite 217, San Antonio, TX 78205 |
| Hearings held | Bexar County Courthouse, 100 Dolorosa, San Antonio, TX 78205 |
| Filing fee (2026) | ~$350 (no children) to ~$401 (with children) |
| Residency requirement | 6 months in Texas + 90 days in Bexar County |
| Waiting period | 60 days minimum after filing |
| Property model | Community property ("just and right" division) |
How do I file for divorce in San Antonio, Texas?
To file for divorce in San Antonio you submit an Original Petition for Divorce to the Bexar County District Clerk, pay the filing fee of roughly $350 to $401 in 2026, and have your spouse served. Attorneys must file electronically through the Texas eFile system; self-represented filers may file in person at 101 W. Nueva, Suite 217. The Civil District Judge's Standing Order must be attached to every new divorce petition in Bexar County.
After filing, your spouse (the respondent) is served with citation, usually by a Bexar County constable or a private process server for $75 to $100. The respondent then has until the Monday after 20 days from service to file an answer. If you and your spouse agree on everything, the case can proceed as an uncontested or agreed divorce, which is faster and cheaper than a contested suit. The District Clerk's office accepts cash, cashier's checks, money orders, Discover, Visa, and Mastercard, but it does not take personal checks from the public.
Where do I file for divorce in San Antonio? (which courthouse)
San Antonio divorces are filed with the Bexar County District Clerk's Central Filing Department, located in the Paul Elizondo Tower at 101 W. Nueva, Suite 217, San Antonio, TX 78205, open Monday through Friday, 8:00 a.m. to 5:00 p.m. The Paul Elizondo Tower sits in the downtown civic complex near Market Square and the Bexar County Courthouse.
While filings start at the District Clerk in the Elizondo Tower, your hearings and trial take place across the plaza at the historic Bexar County Courthouse, 100 Dolorosa, where the Civil District Courts and the Presiding Civil District Courtroom (Room 1.09, first floor) are located. Bexar County rotates new family-law cases among its civil district courts, so your court number is assigned at filing. For filing questions, the District Clerk's office can be reached at 210-335-2113. Residents from neighborhoods like Stone Oak, Alamo Heights, the Medical Center, and the South Side all file at this same downtown location.
How much does a divorce lawyer cost in San Antonio?
A San Antonio divorce lawyer typically bills $250 to $500 per hour in 2026, with most local attorneys requesting a retainer of $2,500 to $5,000 to start. An uncontested divorce with full agreement often resolves for a flat or low fee in the $1,000 to $3,500 range, while a contested case involving custody disputes or significant assets commonly runs $7,500 to $20,000 or more.
Your total cost depends on conflict, not paperwork. The single biggest cost driver is whether you and your spouse agree on children, support, and property division. The mandatory $350 to $401 filing fee and $75 to $100 service fee are fixed; attorney time is the variable. Many San Antonio firms offer flat-fee uncontested packages, and some provide free or reduced initial consultations. If you cannot afford court costs, you may file a Statement of Inability to Afford Payment of Court Costs to waive the filing fee. You can estimate your likely range with the Divorce Cost Estimator.
How long does a divorce take in San Antonio?
The fastest possible San Antonio divorce is 61 days, because Texas Family Code § 6.702 bars any judge from granting a divorce until 60 days have passed since the petition was filed. In practice, an uncontested Bexar County divorce usually finalizes in 60 to 90 days, while a contested divorce involving custody, business valuations, or property fights commonly takes 6 to 18 months.
The 60-day clock starts on your filing date, not your separation date. Texas has no formal legal separation, so the timeline runs from the day the petition hits the District Clerk's office. Limited exceptions to the 60-day waiting period exist where the respondent has a conviction or active protective order for family violence against the petitioner. Cases that go to mediation, a Bexar County requirement in most contested matters before trial, often settle without a final hearing, which shortens the timeline considerably.
What are the residency requirements to file in Bexar County?
To file for divorce in Bexar County, Texas Family Code § 6.301 requires that either you or your spouse has been a Texas resident for the preceding 6 months and a resident of Bexar County for the preceding 90 days. Only one spouse needs to meet both requirements, so you can still file in San Antonio if your spouse has moved out of state.
This is a two-part test, and both parts must be satisfied by the same county. Living in Texas for years does not let you file in Bexar County until you have personally lived in the county for 90 days, unless your spouse meets the Bexar County residency instead. Military members stationed at Joint Base San Antonio, including Lackland, Randolph, and Fort Sam Houston, are treated as Texas residents and Bexar County residents while stationed there under Texas Family Code § 6.303, so service members can usually file locally.
How is property divided in a San Antonio divorce?
Texas is a community property state, so a Bexar County judge divides the marital estate in a manner that is "just and right" under Texas Family Code § 7.001. "Just and right" does not mean an automatic 50/50 split; a court can award a disproportionate share, such as 60/40, based on factors like fault, earning capacity, and the needs of any children.
Separate property stays separate. Assets you owned before marriage, plus gifts and inheritances received during the marriage, are your separate property and cannot be awarded to your spouse. The catch is the community-property presumption: under Texas Family Code § 3.003, property held at divorce is presumed community unless you prove otherwise by clear and convincing evidence, often requiring bank records or tracing. For child-related issues, Texas uses "conservatorship" rather than "custody" under Chapter 153, and courts favor naming both parents joint managing conservators absent family violence or other concerns. Estimate support obligations with the Child Support Calculator and the Alimony Estimator.
Getting help locally
Bexar County handles thousands of divorce filings each year, and the right approach depends on whether your case is agreed or contested. An uncontested filing can often be self-managed, while contested custody or high-asset cases warrant a local San Antonio divorce lawyer who knows the assigned civil district courts and the county's mediation expectations. Review your parent jurisdiction and county resources for forms, statutes, and step-by-step guidance before you file.