Divorce Checklist for Texas

Under Texas Family Code § 6.301, at least one spouse must have been a domiciliary of Texas for a continuous 6-month period immediately preceding the filing of the petition. Additionally, the filing spouse must have been a resident of the county where the petition is filed for at least 90 days before filing. Domicile means your primary, permanent home—not a temporary address. You must be prepared to demonstrate residency through documents such as a valid Texas driver's license, voter registration card, utility bills, lease agreements, or property tax records showing your county address. If you recently moved to Texas or relocated to a different county, you must wait until you satisfy both the 6-month state and 90-day county thresholds before filing. Courts may dismiss your case if residency requirements are not met, so verify your timeline carefully before proceeding.

Before filing your Original Petition for Divorce, compile all critical personal and financial records. Texas is a community property state under Texas Family Code § 3.002, meaning all property acquired during the marriage is presumed to be owned equally by both spouses. You will need to identify and value both community and separate property. Gather your certified marriage certificate or a certified copy from the county clerk where the marriage was recorded, birth certificates for all minor children, Social Security cards for both spouses and children, and any existing prenuptial or postnuptial agreements. Additionally, collect at least three years of federal and state tax returns, current pay stubs, bank statements for all accounts (checking, savings, investment), mortgage statements, vehicle titles, and retirement account statements. Having these documents organized before filing will streamline the process and help your attorney—or you, if self-represented—prepare accurate pleadings and financial disclosures.

Texas recognizes both no-fault and fault-based grounds for divorce. The most common ground is insupportability (no-fault) under Texas Family Code § 6.001, which states 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. Fault-based grounds include cruelty (§ 6.002), adultery (§ 6.003), conviction of a felony (§ 6.004), abandonment for at least one year (§ 6.005), living apart for at least three years (§ 6.006), and confinement in a mental hospital (§ 6.007). Choosing fault-based grounds may affect the division of community property and spousal maintenance awards, but requires a higher burden of proof. Most uncontested divorces proceed under insupportability. Consult with an attorney to determine which ground best fits your circumstances and what evidence you may need.

Many Texas counties—including Dallas, Collin, Denton, Tarrant, Travis, Williamson, Hays, and Harris—have standing orders that automatically take effect when a divorce petition is filed. These standing orders function as automatic temporary restraining orders and are binding on the petitioner immediately upon filing, and on the respondent upon service. Standing orders typically prohibit both parties from destroying, removing, or concealing community property, changing beneficiaries on insurance or retirement accounts, withdrawing funds beyond reasonable living expenses, removing children from the state, and harassing or threatening the other spouse. Violating standing orders can result in contempt of court, sanctions, and attorney's fee awards. Check with the district clerk's office in your county or visit your county's local court website to obtain a copy of the applicable standing orders. Understanding these restrictions before you file will help you avoid inadvertent violations and protect your rights during the divorce process.

Decide whether you will hire a family law attorney, use a limited-scope (unbundled) legal service, or represent yourself pro se. Texas allows self-represented litigants to use standardized divorce form sets provided by the Texas Supreme Court and TexasLawHelp.org. Divorce Set A (FM-DivA series) is designed for uncontested divorces without minor children, while Divorce Set B (FM-DivB series) covers divorces with minor children. If your divorce involves significant assets, contested custody, business interests, or fault-based grounds, hiring an experienced family law attorney is strongly recommended. The Texas State Bar Lawyer Referral Service at texasbar.com/lris can connect you with a family law attorney for an initial consultation, typically $20 for a 30-minute session. If you cannot afford an attorney, contact Texas RioGrande Legal Aid at 833-329-8752 or trla.org, or Legal Aid of Northwest Texas at 888-529-5277 or legalaidtx.org, to determine if you qualify for free legal assistance based on income eligibility.

The Original Petition for Divorce is the foundational legal document that initiates your divorce case in Texas. For divorces without minor children, use Form FM-DivA-100 (Divorce Set A). For divorces with minor children, use Form FM-DivB-100 (Divorce Set B, revised October 2024). The petition must state the full legal names of both spouses, the date and place of marriage, the grounds for divorce (typically insupportability under Texas Family Code § 6.001), and the relief you are requesting—including property division under Texas Family Code § 7.001, conservatorship and possession of children under Texas Family Code Chapter 153, and child support under Texas Family Code Chapter 154. If children are involved, you must also identify each child by name and date of birth and request appropriate orders regarding managing conservatorship, possessory conservatorship, and child support. Complete all required fields accurately, as errors may result in rejected filings or the need for amended pleadings that delay your case.

Beyond the Original Petition, Texas requires several supplemental forms depending on your case. All cases require a Civil Case Information Sheet (Form PR-GEN-116), which provides the court with basic identifying information about the parties and the case type. You must also complete a Certificate of Last Known Address, which provides the respondent's mailing address for service purposes. If minor children are involved, you must file Form VS-165 (Information on Suit Affecting the Family Relationship), required by the Texas Vital Statistics Unit to track child-related court orders. Additionally, prepare the Confidential Information Form, which contains sensitive identifying information such as Social Security numbers, driver's license numbers, and dates of birth—this form is not part of the public record. If you or your spouse are active-duty military, complete the Affidavit of Military Status to comply with the Servicemembers Civil Relief Act. Failure to include any required form can result in the clerk rejecting your filing.

File your completed Original Petition for Divorce and all accompanying forms with the district clerk's office in the county where you or your spouse reside. Texas filing fees typically range from $300 to $401 depending on the county—approximately $350 for cases without children and up to $401 for cases with children or those requiring a Qualified Domestic Relations Order. You may file in person at the courthouse or electronically through the eFileTexas portal at efile.txcourts.gov/ofsweb. If you cannot afford the filing fee, file a Statement of Inability to Afford Payment of Court Costs (formerly called the Affidavit of Indigency) to request a fee waiver. The clerk will stamp your documents with a case number and filing date, which starts the mandatory 60-day waiting period under Texas Family Code § 6.702. Keep your file-stamped copies for your records. If your county has standing orders, they take effect against you—the petitioner—immediately upon filing.

After filing, you must arrange for your spouse (the respondent) to be formally notified of the divorce proceedings through service of process. If your spouse will not voluntarily sign a Waiver of Service, request that the district clerk issue a Citation—the official court document notifying the respondent of the lawsuit. The Citation must be served along with a copy of the Original Petition for Divorce. Texas law provides several service methods: personal service by a constable, sheriff, or licensed private process server (typically $50–$100); certified or registered mail with return receipt requested; or, if the respondent cannot be located after diligent effort, service by publication in a newspaper under Texas Rules of Civil Procedure Rule 116. In cases involving minor children where the respondent cannot be found, service by publication is required—service by posting at the courthouse is not permitted. You must exhaust personal service attempts before requesting alternative service methods, providing the court with evidence of at least four diligent attempts on separate days.

Once the Citation has been issued, your spouse must be personally served with a copy of the Original Petition for Divorce and the Citation. Service must be completed by a qualified person—a sheriff, constable, licensed private process server, or any person authorized by court order—who is at least 18 years old and not a party to the suit. After successful service, the server must file a Return of Service with the court, documenting the date, time, and manner of service. This document is critical because it triggers the respondent's 20-day answer deadline under Texas Rules of Civil Procedure Rule 99. If your spouse was served by certified mail, the signed return receipt constitutes proof of service. Alternatively, if your spouse voluntarily signs a Waiver of Service (Form FM-DivA-103 or FM-DivB-103) at least one day after filing, formal service is not required. Track your service deadline carefully, as failure to serve within 90 days may require the court to dismiss your case unless good cause is shown.

After service, the respondent has until 10:00 a.m. on the first Monday after 20 days from the date of service to file a formal Answer with the court. The Answer is the respondent's opportunity to admit or deny the allegations in the petition, assert counterclaims, and request their own relief—including conservatorship, property division, and spousal maintenance. If the respondent files an Answer, the case becomes contested and proceeds through the standard litigation process including discovery, temporary orders, and potentially mediation and trial. If the respondent fails to file an Answer by the deadline, you may file a Motion for Default Judgment, which allows the court to grant the divorce based on the terms in your Original Petition without further input from the respondent. Even in a default situation, the court cannot sign the Final Decree of Divorce until the mandatory 60-day waiting period under Texas Family Code § 6.702 has expired. The default judgment hearing is typically brief and may be conducted as a prove-up hearing.

Under Texas Family Code § 6.502, either party or the court may require a Sworn Inventory and Appraisement—a comprehensive financial disclosure listing all real and personal property owned or claimed by each spouse, along with each item's estimated value and characterization as community or separate property under Texas Family Code § 3.002. The inventory must also include all debts and liabilities. Courts frequently require this disclosure through temporary orders or scheduling orders, and many mandate it before mediation. The inventory must be signed under oath, meaning providing false or misleading information can result in sanctions or perjury charges. Categories to include: real estate, vehicles, bank and investment accounts, retirement accounts (401k, IRA, pensions), business interests, personal property, insurance policies with cash value, and all debts. Under Texas Rule of Civil Procedure 194, initial disclosures are due 30 days after the first Answer is filed, and all discovery must be completed 30 days before trial.

If you need immediate court orders regarding child custody, child support, spousal support, exclusive use of the marital residence, or property preservation during the divorce process, you may request temporary orders under Texas Family Code § 105.001 (children) or § 6.502 (property). A Temporary Restraining Order (TRO) under Texas Family Code § 6.501 can be granted ex parte—without notice to the other party—for up to 14 days to preserve property and protect parties. After the 14-day period, a hearing must be held where both parties can present evidence. The court may then issue temporary orders that remain in effect until the divorce is finalized. Temporary orders can address which parent has primary possession of the children, temporary child and spousal support, who remains in the marital home, and restrictions on dissipating community assets. These hearings are typically held within 14 to 30 days of the request and require evidence of the need for court intervention.

Under Texas Family Code § 105.009, the court may order both parents to attend a Parent Education and Family Stabilization Course in any suit affecting the parent-child relationship. While not automatically required by statute, most Texas family courts order this course when minor children are involved. The course must be between 4 and 12 hours in length and covers the emotional effects of divorce on children and parents, age-appropriate behavioral reactions, co-parenting strategies, conflict management, financial responsibilities, and family violence awareness. Both parents must complete the course, but they cannot be required to attend together—and the court may prohibit joint attendance if there is a history of family violence. The course must be completed within 60 days of the court's order. Upon completion, the provider issues a Certificate of Completion that must be filed with the court. The cost is capped at $100 per person, and courts must direct parties to sliding-scale or free programs if cost is a barrier.

In contested divorces, both parties engage in formal discovery—the legal process of exchanging information and documents relevant to the case. Under Texas Rule of Civil Procedure 194, initial disclosures must be served within 30 days after the first Answer is filed. Discovery tools include interrogatories (written questions under oath), requests for production of documents, requests for admissions, and depositions of parties and witnesses. All discovery must be completed at least 30 days before the trial date set by the court's scheduling order. During this phase, both parties and their attorneys typically negotiate settlement terms covering property division under Texas Family Code § 7.001, conservatorship and possession schedules under Texas Family Code Chapter 153, child support under Texas Family Code Chapter 154, and spousal maintenance under Texas Family Code Chapter 8. Informal settlement negotiations may occur at any time and can significantly reduce litigation costs and emotional strain.

Under Texas Family Code § 6.602, the court has broad authority to refer divorce cases to mediation, and most Texas family courts require mediation before allowing a case to proceed to trial—particularly in contested cases involving children. Mediation is a confidential process under Texas Civil Practice and Remedies Code § 154.073 where a neutral, trained mediator facilitates negotiation between the parties to reach a voluntary agreement. The mediator must have completed at least 40 hours of dispute resolution training, plus an additional 24 hours in family dynamics and 4 hours in family violence dynamics for cases involving children. If mediation results in a Mediated Settlement Agreement (MSA), it is binding and irrevocable under Texas Family Code § 153.0071 once signed by both parties and their attorneys with the required prominently displayed statement. A party may object to mediation if there is a history of family violence. Mediator fees typically range from $300 to $500 per hour, usually split between the parties.

The final step is obtaining the court's approval of the Final Decree of Divorce. The court cannot sign the decree until at least 60 days after the Original Petition was filed, per Texas Family Code § 6.702. In an agreed (uncontested) divorce, a prove-up hearing is scheduled where the petitioner testifies briefly to confirm the terms of the agreement and that the decree is just and right. Use Form FM-DivA-600 (Affidavit for Prove-Up of Agreed Divorce Without Children) or FM-DivB-600 (with children) if your county allows prove-up by affidavit without an in-person court appearance. In contested cases where mediation was unsuccessful, the case proceeds to a bench trial before a judge or, rarely, a jury trial on property division issues. After the decree is signed, neither party may remarry a third party for 31 days under Texas Family Code § 6.801. File the signed Final Decree with the district clerk and obtain certified copies for name changes, property transfers, and enforcement purposes.