Divorce Resources in Texas: Court Forms, Legal Aid & Filing Guide

To file for divorce in Texas, you must meet the residency requirements under Texas Family Code §6.301: at least one spouse must have been a domiciliary of Texas for six months preceding the filing, and a resident of the county where the suit is filed for at least 90 days. You will file an Original Petition for Divorce with the district clerk in the appropriate county. Texas is a no-fault divorce state — the most common ground is insupportability under Texas Family Code §6.001, meaning the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship. You may also allege fault-based grounds including cruelty (§6.002), adultery (§6.003), felony conviction (§6.004), or abandonment (§6.005).

The filing fee for an Original Petition for Divorce in Texas ranges from $250 to $401 depending on the county and whether minor children are involved. In Tarrant County, the fee is $350 without children and approximately $401 with children. In Travis County, the base filing fee is $350 for new cases filed on or after January 1, 2026. You must also arrange service of process on your spouse — either formal service through a constable or private process server, or your spouse may sign a Waiver of Service under Texas Family Code §6.4035. Filing is available in person at the district clerk's office, by mail, or electronically through the eFileTexas system at efile.txcourts.gov. If you cannot afford the filing fee, file a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145.

After filing, Texas law imposes a mandatory 60-day waiting period under Texas Family Code §6.702 before the court may grant the divorce. During this period, either party may request temporary orders under §6.502 for child support, spousal support, use of property, and protective provisions. If children are involved, the petition must address conservatorship, possession and access, and child support under Texas Family Code Chapter 153. Both parties should prepare a Sworn Inventory and Appraisement listing all community and separate property, debts, and liabilities. Even if the respondent does not file an answer, the divorce must still be proved to the court under §6.701 — the petition cannot be taken as confessed in a dissolution proceeding.

For uncontested divorces where both parties agree on all terms, the petitioner must attend a final hearing (called a "prove-up") after the 60-day waiting period expires. The judge will review the Final Decree of Divorce to ensure it complies with Texas law. You may request a remote hearing by video or telephone. If the divorce is contested, the court may refer the case to mediation under Texas Family Code §6.602, and many Texas courts require mediation before a final trial when custody of children is in dispute. A mediated settlement agreement that includes a prominently displayed statement that it is not subject to revocation is binding on the parties under §153.0071.

Texas does not mandate a parenting class for all divorcing parents. However, under Texas Family Code §105.009, the court has discretion to order a Parent Education and Family Stabilization Course if the judge determines it is in the best interest of the child. When ordered, the course must be a minimum of four hours and no more than twelve hours under §105.009(c). The course educates parents about the impact of separation and divorce on parents and children, including the effects of conflict on child development, communication strategies, and co-parenting skills. Many Texas counties — including Harris, Tarrant, and Dallas — routinely order the class in contested custody cases. Failure to complete an ordered parenting course can result in sanctions including modification of custody rights or contempt of court, but failure to complete the class shall not delay entry of the final judgment under §105.009(g).

Texas courts may refer divorce cases to mediation under Texas Family Code §6.602, either on the written agreement of the parties or on the court's own motion. While mediation is not universally mandatory statewide, most family courts in major Texas counties — including Harris, Tarrant, Dallas, and Travis — require mediation before a final trial when custody of children is in dispute, and many require it before temporary orders hearings as well. A mediated settlement agreement (MSA) is binding on the parties if it includes a prominently displayed statement in boldfaced type, capital letters, or underlined text that the agreement is not subject to revocation, as provided in §153.0071. A party may file a written objection to mediation on the basis of family violence under §6.602. If the court still refers the case to mediation despite the objection, it must order appropriate safety measures, including separate rooms and no face-to-face contact between the parties.

Texas law requires full financial disclosure in divorce proceedings. The court may order either or both spouses to file a Sworn Inventory and Appraisement listing all real and personal property, debts, and liabilities, classified as community or separate property. Under Texas Family Code §7.006, the court is authorized to order the production of a sworn inventory and appraisement of property. Many Texas courts in major counties require the Sworn Inventory and Appraisement before mediation, temporary orders hearings, or trial. The inventory must include real estate, financial accounts, retirement accounts (401(k), IRA, pensions), vehicles, business interests, personal property, insurance cash values, and all debts. Supporting documentation typically includes 12–24 months of bank and retirement statements, 2–3 years of tax returns and W-2s, property deeds, mortgage statements, and business records. Intentionally omitting assets or undervaluing property constitutes fraud on the community under §7.009 and may result in an unequal property division in favor of the other spouse or reopening of the division.