Filing for divorce in Texas without an attorney costs $250-$350 in court fees. You must meet the residency requirement of 6 months in Texas, 90 days in filing county. Texas is a community property state with a 60 days waiting period. An uncontested divorce typically takes 2-3 months. Victoria AI guides you through every step with Texas-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | $250-$350 (Filing fees vary by county. Harris County (Houston): $320. Dallas County: $300. Travis County (Austin): $290. Bexar County (San Antonio): $285.) |
| Residency Requirement | 6 months in Texas, 90 days in filing county |
| Waiting Period | 60 days |
| Property Division | Community Property (50/50) |
| Grounds for Divorce | Insupportability (no-fault), Cruelty, Adultery, Felony conviction, Abandonment (1+ year), Living apart (3+ years), Confinement in mental hospital |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 2-3 months |
| Contested Timeline | 6 months to 2+ years |
| Fee Waiver Available? | Yes |
To file for divorce in Texas, you must meet the following residency requirement: 6 months in Texas, 90 days in filing county.
At least one spouse must have lived in Texas for 6 months AND in the county where you file for at least 90 days before filing. Military members stationed in Texas meet the residency requirement.
Tip: Victoria AI can help you determine if you meet Texas's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in Texas without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have lived in Texas for 6 months AND in the county where you file for at least 90 days before filing. Military members stationed in Texas meet the residency requirement.
Download the official Texas divorce forms: Original Petition for Divorce, Citation, Waiver of Service. All forms are available from the Texas courts website.
Fill out the divorce petition (Form varies by county) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the Texas court and pay the filing fee of $250-$350. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to Texas rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by Texas law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
Texas has a 60-day waiting period from the date the divorce petition is filed. The court cannot finalize your divorce until at least 60 days have passed. In some cases involving family violence, the waiting period may be waived.
Submit your final judgment to the court. For uncontested divorces in Texas, this typically takes 2-3 months. The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in Texas. Victoria AI guides you through completing each form correctly.
Initiates the divorce case
Official notice to spouse
If spouse agrees to waive formal service
Final divorce judgment
Lists all assets and debts
The filing fee to start a divorce in Texas is $250-$350. Filing fees vary by county. Harris County (Houston): $320. Dallas County: $300. Travis County (Austin): $290. Bexar County (San Antonio): $285.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | $250-$350 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | $300-$1,000 (uncontested DIY) |
If you cannot afford the filing fee, Texas offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in Texas, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Texas courts are strict about service requirements.
Texas is a community property state.
Texas is a community property state but divides property in a 'just and right' manner—not necessarily 50/50. The court considers factors like fault in the breakup, earning capacity differences, custody of children, and health issues when dividing assets.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Texas law applies to your specific property.
Texas uses the Percentage of net income model.
Texas uses a percentage of the non-custodial parent's net resources: 20% for one child, 25% for two children, 30% for three, 35% for four, 40% for five or more. Net resources cap applies (currently $9,200/month).
Understanding the timeline helps you plan and set realistic expectations for your Texas divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the $250-$350 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
60 days - Texas has a 60-day waiting period from the date the divorce petition is filed. The court cannot finalize your divorce until at least 60 days have passed. In some cases involving family violence, the waiting period may be waived.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
Both fault and no-fault grounds available
'Just and right' division (not automatic 50/50)
Relatively short 60-day waiting period
Spousal support (alimony) is limited compared to other states
Strong community property protections
Standard Possession Order for custody schedules
Common questions about filing for divorce in Texas without an attorney.
Get 24/7 guidance specific to Texas's forms, procedures, and requirements.
Texas-specific forms
Guidance through every required form
Financial disclosure wizard
Complete your financial affidavit step-by-step
Child support calculator
Using Texas's exact guidelines
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Organize and categorize case documents
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Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.
All Texas divorce information verified from official state court sources.
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