Divorce Checklist for Texas: Everything You Need in 2026

Texas requires a 60-day mandatory waiting period, a 6-month state residency requirement, and filing fees ranging from $250 to $400 before any divorce can be finalized. Whether you are filing an uncontested divorce or preparing for a contested case, this divorce checklist for Texas walks you through every step from initial preparation to final decree. Under Texas Family Code § 6.001, the most common ground for divorce is insupportability, and the court divides community property under a "just and right" standard per Texas Family Code § 7.001.

Key Divorce Facts for Texas

What Are the Residency Requirements to File for Divorce in Texas?

Texas requires at least one spouse to have been a domiciliary of the state for 6 continuous months and a resident of the filing county for at least 90 days before the petition is filed, per Texas Family Code § 6.301. These are strict jurisdictional requirements that the court verifies before granting any divorce.

The residency requirement applies to either the petitioner or the respondent. If your spouse meets both thresholds, you may file even if you recently moved to Texas. Military service members stationed in Texas for at least 6 months also satisfy the residency requirement under federal law, regardless of their home of record. Active-duty military personnel should be aware that the Servicemembers Civil Relief Act (SCRA) may allow a stay of proceedings if military duties prevent meaningful participation in the case.

Texas has 254 counties, and you must file in the county where the residency requirement is met. If both spouses live in different Texas counties, either county may be proper. Filing in the wrong county does not invalidate the case, but the respondent may file a motion to transfer venue under Texas Civil Practice and Remedies Code § 15.002.

What Documents Do You Need for a Texas Divorce Checklist?

A complete divorce checklist for Texas requires gathering at least 15 categories of documents before filing, including financial records covering the prior 3 to 5 years, all property deeds, and identification documents. Organizing these documents early reduces attorney fees and speeds up settlement negotiations by an average of 30% to 40%.

Personal Identification Documents

• Valid government-issued photo ID (driver's license or passport)
• Social Security cards for both spouses and all minor children
• Certified copy of your marriage certificate
• Birth certificates for all children of the marriage
• Prenuptial or postnuptial agreement (if applicable)
• Any existing court orders (protective orders, temporary restraining orders)

Financial Records (Prior 3 to 5 Years)

• Federal and state income tax returns (3 years minimum)
• W-2s, 1099s, and K-1 forms
• Pay stubs from the last 6 months for both spouses
• Bank statements for all accounts (checking, savings, money market)
• Credit card statements for all accounts
• Investment account statements (brokerage, stocks, bonds, mutual funds)
• Retirement account statements (401(k), IRA, pension, 403(b))
• Business financial statements and tax returns (if self-employed)
• Loan applications submitted in the past 5 years (these reveal undisclosed assets)

Property and Debt Documentation

• Real estate deeds, mortgage statements, and property tax records
• Vehicle titles and loan statements
• Life insurance policies (whole life policies have cash value)
• Health insurance policy information
• All outstanding debt documentation (student loans, personal loans, medical bills)
• Appraisals for real property, jewelry, art, or collectibles
• Business ownership documents (partnership agreements, operating agreements, stock certificates)

Household Expense Documentation

• Monthly mortgage or rent payments
• Utility bills (electric, gas, water, internet, phone)
• Insurance premiums (auto, home, health, life)
• Childcare and education costs
• Medical and dental expenses not covered by insurance
• Grocery and household supply expenses

Texas courts require both parties to exchange a Sworn Inventory and Appraisement under Texas Family Code § 7.003, listing all community property and separate property claims. Failing to disclose assets can result in the court awarding a disproportionate share to the other spouse or reopening the division post-decree.

How Do You File for Divorce in Texas?

Filing for divorce in Texas begins with submitting an Original Petition for Divorce to the district clerk in the proper county, paying a filing fee of $250 to $400, and serving the other spouse with citation. The entire process takes a minimum of 61 days from filing to final decree under Texas Family Code § 6.702.

Step-by-Step Filing Process

1. Prepare and file the Original Petition for Divorce with the district clerk
2. Pay the filing fee ($250 to $400 depending on county; $350 to $401 in Tarrant County; $350 to $365 in Harris County)
3. Serve the respondent with citation (personal service by constable or process server, or signed waiver of service)
4. Wait the mandatory 60-day cooling-off period
5. Negotiate property division, conservatorship, and support terms
6. If agreed, submit an Agreed Final Decree of Divorce to the court
7. Attend the final hearing (typically 10 to 15 minutes for uncontested cases)
8. Judge signs the Final Decree of Divorce

If you cannot afford the filing fee, Texas Rule of Civil Procedure 145 allows you to file a Statement of Inability to Afford Payment of Court Costs. Courts grant fee waivers to individuals receiving government benefits, earning below 125% of the federal poverty level ($19,506 annual income for a single person in 2026), or demonstrating genuine inability to pay.

Contested vs. Uncontested Divorce Timeline

What Are the Grounds for Divorce in Texas?

Texas recognizes 7 grounds for divorce: 1 no-fault ground (insupportability) and 6 fault-based grounds. Under Texas Family Code § 6.001, insupportability means the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

The 7 statutory grounds for divorce in Texas are:

1. Insupportability (no-fault) under Texas Family Code § 6.001 — the most commonly used ground, requiring no proof of wrongdoing
2. Cruelty under Texas Family Code § 6.002 — when one spouse treats the other in a way that renders living together insupportable
3. Adultery under Texas Family Code § 6.003 — when one spouse has committed adultery during the marriage
4. Felony Conviction under Texas Family Code § 6.004 — when a spouse has been imprisoned for at least 1 year on a felony conviction and has not been pardoned
5. Abandonment under Texas Family Code § 6.005 — when one spouse left with the intention of abandonment and remained away for at least 1 year
6. Living Apart under Texas Family Code § 6.006 — when spouses have lived apart without cohabitation for at least 3 years
7. Confinement in Mental Hospital under Texas Family Code § 6.007 — when a spouse has been confined for at least 3 years and recovery is unlikely

Filing on fault-based grounds in Texas can affect property division. Under Texas Family Code § 7.001, the court may award a disproportionate share of community property to the non-fault spouse. For example, if adultery is proven, the innocent spouse may receive 55% to 60% of community assets rather than the typical 50/50 starting point.

How Is Property Divided in a Texas Divorce?

Texas is 1 of 9 community property states in the United States. Under Texas Family Code § 3.002, all property acquired during the marriage is presumed to be community property. The court divides the community estate in a manner it deems "just and right" under Texas Family Code § 7.001, which typically starts at a 50/50 split but can be adjusted based on fault grounds, earning capacity, and other factors.

Separate property in Texas consists of 3 categories under Texas Family Code § 3.001: property owned before the marriage, property acquired during the marriage by gift or inheritance, and recovery for personal injuries sustained during the marriage (except lost earning capacity). Separate property is not subject to division in divorce, but the spouse claiming separate property bears the burden of proving it by clear and convincing evidence.

Property Division Checklist

• Identify all community property assets (real estate, vehicles, bank accounts, retirement accounts, investments, business interests)
• Identify all separate property claims with supporting documentation (purchase records predating marriage, gift letters, inheritance documents)
• Obtain appraisals for real property, businesses, and valuable personal property
• Calculate the net value of the community estate (assets minus debts)
• Consider tax consequences of asset transfers (capital gains, early withdrawal penalties, QDRO requirements for retirement accounts)
• Account for any waste or dissipation of community assets by either spouse
• Document any reimbursement claims under Texas Family Code § 3.402 for community funds used on separate property or vice versa

Texas courts commonly use a "just and right" division that falls between 50/50 and 60/40, depending on factors including the length of the marriage (average Texas marriage that ends in divorce lasts approximately 8 years), the fault in the breakup, the relative earning capacities of the spouses, and the needs of children.

How Does Texas Determine Child Custody and Conservatorship?

Texas uses the term "conservatorship" rather than custody. Under Texas Family Code § 153.131, the court presumes that appointing both parents as Joint Managing Conservators (JMC) is in the best interest of the child. Joint managing conservatorship does not automatically mean equal parenting time; it means both parents share decision-making rights and duties.

The Standard Possession Order (SPO) under Texas Family Code § 153.312 is the default possession schedule for the noncustodial parent when parents live within 100 miles of each other. The SPO provides approximately 42% to 45% of overnights to the noncustodial parent, including the first, third, and fifth weekends of each month, Thursday evenings, alternating holidays, and 30 days during summer.

If one parent is appointed Sole Managing Conservator (SMC), that parent has the exclusive right to determine the child's primary residence and make major decisions about education, medical treatment, and other significant matters. The other parent becomes a Possessory Conservator with visitation rights. Courts appoint a sole managing conservator when there is evidence of family violence, substance abuse, child neglect, or when joint decision-making would not be in the child's best interest.

Conservatorship Checklist

• Document your involvement in the child's daily routine (school drop-off, homework, meals, bedtime)
• Gather school records showing parental involvement (teacher conferences, field trips, volunteer activities)
• Collect medical records and identify each child's healthcare providers
• List all extracurricular activities and which parent manages them
• Note each parent's work schedule and childcare arrangements
• If alleging family violence, obtain copies of police reports, protective orders, and medical records
• Consider whether a custody evaluation or social study should be requested

How Is Child Support Calculated in Texas?

Texas child support is calculated as a percentage of the paying parent's net monthly resources: 20% for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children, and 40% for 5 or more children under Texas Family Code § 154.125. The maximum net resource cap increased from $9,200 to $11,700 per month effective September 1, 2025, raising the maximum child support for 1 child from $1,840 to $2,340 per month.

Net resources under Texas Family Code § 154.062 include all wage and salary income, self-employment income, interest, dividends, royalties, severance pay, retirement benefits, and Social Security benefits. The following are deducted from gross income to calculate net resources: Social Security taxes, federal income taxes (at single-person rate), state income taxes (Texas has no state income tax), union dues, and the cost of the children's health insurance premiums.

The September 2025 child support law change (HB 547) only applies to new cases and modifications filed on or after September 1, 2025. Existing child support orders remain at the old cap of $9,200 per month unless a formal modification is filed with the court. Parents with existing orders who believe their support should increase based on the new cap must petition for a modification under Texas Family Code § 156.401.

What Does Divorce Cost in Texas?

The total cost of a Texas divorce ranges from $300 for a simple uncontested case filed without an attorney to $50,000 or more for a contested divorce involving children, substantial assets, and expert witnesses. The average cost of a Texas divorce with attorney representation is approximately $15,000 to $20,000, according to 2025 legal industry surveys.

Cost Breakdown by Category

Filing fees vary significantly across Texas's 254 counties. As of March 2026, Harris County charges $350 for divorces without children and $365 with children. Tarrant County charges $350 without children and $401 with children. Bexar County ranges from $280 to $310. Verify fees with your local district clerk before filing.

How Long Does a Divorce Take in Texas?

The minimum time to finalize a Texas divorce is 61 days from the filing date, per the mandatory 60-day waiting period under Texas Family Code § 6.702. An uncontested divorce where both parties agree on all terms typically takes 2 to 3 months. A contested divorce takes an average of 12 to 18 months, and complex cases involving business valuations or custody disputes can extend to 24 months or longer.

The 60-day waiting period begins the day after the Original Petition for Divorce is filed with the district clerk and stamped with a case number. The court cannot sign a Final Decree of Divorce before the 61st day. Two exceptions exist under Texas Family Code § 6.702: when the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner or a household member, or when the petitioner has an active protective order based on family violence.

Factors that extend the timeline beyond the 60-day minimum include difficulty serving the respondent (which can add 30 to 90 days), contested issues requiring discovery (adding 3 to 6 months), mandatory mediation requirements in some counties, custody evaluations (60 to 120 days to complete), and crowded court dockets in metropolitan counties like Harris (Houston), Dallas, Tarrant (Fort Worth), and Bexar (San Antonio).

Pre-Filing Divorce Preparation Checklist for Texas

Before you file the Original Petition for Divorce, completing these 10 preparation steps can reduce legal fees by 20% to 40% and position you for a more favorable outcome. This divorce checklist for Texas covers the practical, financial, and emotional preparation that many people overlook.

1. Open individual bank accounts and establish credit in your own name if you have not already done so
2. Inventory all community property and separate property (photograph valuables and screenshot financial accounts)
3. Secure copies of all financial documents listed in the document checklist above
4. Research and interview at least 3 family law attorneys who practice in your county
5. Create a realistic post-divorce budget accounting for housing, transportation, insurance, and child-related expenses
6. Understand your health insurance options (COBRA coverage lasts 36 months but costs 100% of premiums plus a 2% administrative fee)
7. Gather evidence supporting any fault-based grounds you intend to assert (text messages, emails, financial records)
8. Identify potential witnesses who can testify about your parenting involvement, financial contributions, or your spouse's misconduct
9. Set up a separate, secure email address for communications with your attorney
10. Consult with a financial advisor or CPA about tax implications of property division (transfers between spouses incident to divorce are tax-free under IRC § 1041, but subsequent sales may trigger capital gains)

What Happens After Your Texas Divorce Is Finalized?

After the judge signs the Final Decree of Divorce, you must complete several administrative tasks within 30 to 60 days to implement the court's orders. Failure to take these post-decree steps is one of the most common mistakes in Texas divorces, potentially resulting in enforcement actions or contempt of court.

Post-Decree Checklist

• File the signed Final Decree of Divorce with the district clerk (your attorney typically handles this)
• Record any real property transfers with the county clerk using a Special Warranty Deed
• Submit a Qualified Domestic Relations Order (QDRO) to divide retirement accounts
• Update beneficiary designations on life insurance, retirement accounts, and bank accounts
• Change your name with the Social Security Administration, Texas DPS (driver's license), and financial institutions (if the decree includes a name change)
• Update your will, power of attorney, and medical directives (a Texas divorce automatically revokes provisions benefiting your ex-spouse under Texas Estates Code § 123.001)
• Notify your employer's HR department to update tax withholding, emergency contacts, and benefits
• Enroll in new health insurance (you lose coverage under your ex-spouse's employer plan, typically at the end of the month the divorce is finalized)
• Set up a child support payment method through the Texas State Disbursement Unit if child support was ordered
• File updated custody and support information with your child's school and healthcare providers

Frequently Asked Questions

Can I file for divorce in Texas if my spouse lives in another state?

Yes, you can file for divorce in Texas if you meet the 6-month state residency and 90-day county residency requirements under Texas Family Code § 6.301. You do not need your spouse's consent or presence. Texas courts have jurisdiction over the marriage itself. However, the court may have limited jurisdiction over out-of-state property and may need to establish personal jurisdiction over your spouse for child custody and support orders.

How much does a divorce cost in Texas in 2026?

The court filing fee for a Texas divorce ranges from $250 to $400 depending on the county, as of March 2026. Total costs range from $300 for a simple do-it-yourself uncontested divorce to $50,000 or more for a contested case with children and significant assets. The average attorney-assisted divorce in Texas costs $15,000 to $20,000. Mediation, custody evaluations, and business valuations add $3,000 to $25,000 each.

What is the 60-day waiting period for divorce in Texas?

Texas imposes a mandatory 60-day waiting period under Texas Family Code § 6.702 from the date the petition is filed. The court cannot finalize the divorce before the 61st day. This waiting period applies to all divorces, whether contested or uncontested. The only exceptions are cases involving documented family violence convictions or active protective orders.

Is Texas a community property state?

Texas is 1 of 9 community property states in the United States. Under Texas Family Code § 3.002, all property acquired during the marriage is presumed to be community property. Texas courts divide community property in a "just and right" manner under Texas Family Code § 7.001, typically starting at 50/50 but adjustable based on fault, earning capacity, education, age, health, and the needs of minor children.

How is child support calculated in Texas in 2026?

Texas child support follows statutory guidelines: 20% of net monthly resources for 1 child, 25% for 2, 30% for 3, 35% for 4, and 40% for 5 or more children under Texas Family Code § 154.125. The net resource cap increased to $11,700 per month effective September 1, 2025, making the maximum support for 1 child $2,340 per month. This change applies only to new cases and modifications filed after that date.

Can I get a divorce in Texas without going to court?

No, at least one spouse must appear before the judge for the final hearing, even in an uncontested Texas divorce. The hearing typically lasts 10 to 15 minutes for agreed cases. Some Texas courts allow the non-filing spouse to sign a Waiver of Service and never appear. During the COVID-19 pandemic, many Texas courts adopted remote hearing options via Zoom, and several counties continue to allow virtual final hearings for uncontested divorces in 2026.

What happens to the house in a Texas divorce?

The marital home in a Texas divorce is typically community property if purchased during the marriage. The court may award the home to one spouse (often the primary conservator of minor children), order the home sold with proceeds divided, or allow one spouse to buy out the other's equity. Under Texas Family Code § 7.001, the "just and right" division considers each spouse's ability to maintain mortgage payments. If the home was purchased before marriage, it is separate property, but community funds used for mortgage payments may create a reimbursement claim under Texas Family Code § 3.402.

Do I need a lawyer to get divorced in Texas?

Texas does not require you to hire an attorney for divorce. You have the right to represent yourself ("pro se") in any Texas court. The Texas State Law Library and TexasLawHelp.org provide free divorce forms and instructions. However, if your divorce involves children, significant assets, retirement accounts, real property, or business interests, hiring an experienced family law attorney significantly reduces the risk of costly mistakes. Attorney-assisted uncontested divorces typically cost $1,500 to $5,000, while a single error in a QDRO or property deed can cost tens of thousands of dollars to correct.

Can I modify child custody or support after the divorce is final?

Yes, Texas allows modifications to conservatorship, possession, and child support orders under Texas Family Code § 156.101. To modify conservatorship, you must show a material and substantial change in circumstances affecting the child's best interest, and at least 1 year must have passed since the last order (unless family violence or the child's safety is at issue). Child support can be modified if the current order has been in effect for 3 years and the new calculation differs by 20% or $100 per month, or if a material change in circumstances has occurred.

What is a Waiver of Service in Texas divorce?

A Waiver of Service is a legal document signed by the respondent (non-filing spouse) acknowledging receipt of the divorce petition and waiving the right to formal service of process. Under Texas Family Code § 6.4035, the respondent must sign the waiver before a notary public, and the waiver cannot be signed until the day after the petition is filed. Using a waiver saves $75 to $150 in service of process fees and speeds up the divorce timeline by 2 to 4 weeks compared to waiting for constable or process server delivery.