Texas Divorce Guide
What you need to know to file for an uncontested divorce in Texas.
Community property state
Texas is one of nine community property states. Most assets and debts acquired during the marriage are owned equally (50/50) by both spouses, regardless of whose name is on the account or who earned the money. Separate property — owned before marriage or received as a gift or inheritance — generally stays with the original owner.
Key facts for Texas
Community property state. Mandatory 60-day waiting period after filing. "Insupportability" is the no-fault ground. Online e-filing available. Property divided "just and right" — not necessarily 50/50.
Step-by-step: filing in Texas
- 1
Meet the Texas residency requirement
You or your spouse must have lived in Texas for at least 6 months before filing. Some counties may require you to file in the county where you reside.
- 2
Reach agreement on all terms
For an uncontested divorce, you and your spouse must agree on how to divide property and debts (community property rules apply in Texas), any spousal support, and — if you have children — custody and child support arrangements. Getting this in writing before filing will speed up the process significantly.
- 3
Gather financial documents
Collect recent pay stubs, bank and investment account statements, mortgage or lease documents, retirement account statements, vehicle titles, and any business ownership records. You will likely be required to file a financial disclosure.
- 4
Complete the divorce petition and required forms
Download the Texas divorce petition (and summons) from your county court website or the court self-help center. Fill out all required forms accurately. If you have a settlement agreement, prepare that document as well.
- 5
File with the Texas court clerk
Take your completed forms to the county clerk's office and pay the $300 filing fee (approximately — fees vary by county). Keep copies of everything stamped by the clerk. E-filing is available in Texas, which may allow you to file online without visiting the courthouse.
- 6
Serve your spouse
Your spouse must be formally served with the divorce papers. Options typically include sheriff service, a process server, or — if your spouse signs an Acceptance of Service — you may avoid formal service. Your spouse then has a set number of days to respond.
- 7
Wait out the 60-day mandatory period
Texas requires a 60-day waiting period after filing (or after service) before the divorce can be finalized. Use this time to confirm your settlement agreement is complete and both parties have reviewed all documents.
- 8
Attend the final hearing (or submit by default)
In uncontested cases, the final hearing is often brief — sometimes just a few minutes. A judge reviews your agreement and issues the final decree of divorce. Some counties allow a default judgment by written declaration, skipping the hearing entirely for uncontested cases. Once signed, your divorce is final.
Court self-help center
Texas courts offer self-help centers where staff can answer procedural questions, provide forms, and review your paperwork for completeness — though they cannot give legal advice. Search “Texas court self-help center” or check your county court's website for hours and location.