Texas Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

61 days minimum for an uncontested agreed divorce (60-day mandatory waiting period plus 1 day for prove-up); 3–6 months typical for uncontested divorces with minor children; 6–12 months for moderately contested cases; 12–18 months or longer for highly contested cases involving significant assets, custody disputes, or trial in Texas

Documents to Gather

Certified Marriage Certificate
Birth Certificates for Minor Children
Social Security Cards
Valid Photo ID
Prenuptial or Postnuptial Agreement(if applicable)
Prior Court Orders(if applicable)
Immigration Documents(if applicable)

Financial Documents

Last 3 Years of Federal and State Tax Returns
Current Pay Stubs (Last 3–6 Months)
Bank Statements (All Accounts, 12–24 Months)
Retirement and Investment Account Statements
Real Property Deeds and Mortgage Statements
Vehicle Titles and Loan Statements
Business Financial Records(if applicable)
Credit Card and Loan Statements
Insurance Policies
Employee Benefits Statements(if applicable)

Key Steps

1. Before Filing

Verify Residency Requirements
Gather Essential Personal and Financial Documents
Determine Grounds for Divorce
Research Your County's Standing Orders
Explore Options for Legal Representation or Self-Representation

2. Filing Process

Complete the Original Petition for Divorce
Complete Additional Required Forms
File the Petition with the District Clerk
Request Issuance of Citation for Service

3. After Filing

Serve Your Spouse with Divorce Papers
Wait for Respondent's Answer or Default
Complete Financial Disclosure: Sworn Inventory and Appraisement
Request or Attend Temporary Orders Hearing (If Needed)
Complete Parent Education Course (If Minor Children Involved)
Engage in Discovery and Negotiation
Attend Mediation
Finalize the Divorce: Prove-Up Hearing or Trial

Key Deadlines

Mandatory Waiting Period BeginsStarts on the date the Original Petition for Divorce is filed with the district clerk

Respondent Must File AnswerBy 10:00 a.m. on the first Monday after 20 days from the date of service

Waiver of Service Signing RestrictionAt least 1 day after the Original Petition is filed

Initial Disclosures Due30 days after the first Answer is filed

Discovery Completion Deadline30 days before trial date

Parent Education Course CompletionWithin 60 days of the court's order (if ordered)

Earliest Date Divorce Can Be Granted61st day after the petition was filed

Remarriage Waiting Period31 days after the Final Decree is signed

Quick Reference

To file for divorce in Texas, you must first establish residency: at least one spouse must have lived in Texas for 6 continuous months and in the filing county for 90 days (Texas Family Code § 6.301). File the Original Petition for Divorce—Form FM-DivA-100 (no children) or FM-DivB-100 (with children)—with the district clerk and pay $300–$401 in filing fees, or request a fee waiver using the Statement of Inability to Afford Payment of Court Costs. Texas has a mandatory 60-day waiting period (§ 6.702) before the court can grant the divorce. Your spouse must be served with the petition and has until 10:00 a.m. on the first Monday after 20 days to file an Answer. Both parties must complete a Sworn Inventory and Appraisement of all community and separate property (§ 6.502). Most courts require mediation before trial (§ 6.602). If children are involved, the court may order a 4–12 hour parent education course (§ 105.009, capped at $100). Uncontested divorces can be finalized in as few as 61 days; contested cases typically take 6–18 months. After finalization, neither party may remarry for 31 days (§ 6.801).