Filing for divorce in Texas without a lawyer is possible when both spouses agree on major issues. Texas has a mandatory 60-day waiting period after filing and a filing fee of approximately $300. Texas calls an uncontested divorce an Agreed Divorce. This guide explains every step of the DIY divorce process in Texas.
Who qualifies for a divorce without a lawyer in Texas?
You may be able to file for divorce without a lawyer in Texas if both spouses agree on all major issues. Texas offers an Agreed Divorce process for couples who agree on property division, debts, and — if applicable — child custody and support.
- Both spouses agree on all terms of the divorce
- There is no history of family violence or coercion
- Neither spouse has highly complex assets such as a business or pension
- Both spouses are willing to cooperate and sign documents
Texas residency requirement
At least one spouse must have been a resident of Texas for a minimum of 6 months before filing for divorce, and a resident of the county where you file for at least 90 days. You must file in the District Court of the county where either spouse lives.
Texas divorce waiting period
Texas has a mandatory 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized. This waiting period cannot be waived except in cases involving family violence. Most uncontested divorces in Texas are finalized within 2–4 months after filing.
Step-by-step divorce process in Texas
Step 1 — Download Texas divorce forms
Texas provides free divorce forms through the Texas Law Help website at texaslawhelp.org. Texas has one of the best self-help systems in the country with guided interviews that help you complete all required forms correctly for your specific situation.
Step 2 — File at your county District Court
File your completed Original Petition for Divorce at the District Court clerk’s office in your county. The filing fee is approximately $300 in most Texas counties. Harris County (Houston), Dallas County, and Travis County (Austin) may have slightly different fees.
Step 3 — Serve your spouse
After filing, your spouse must be formally served with the Original Petition and Citation. If your spouse agrees to cooperate, they can sign a Waiver of Service avoiding formal service. Otherwise, use a process server or constable. Your spouse then has the opportunity to file an Answer.
Step 4 — Negotiate and sign the Final Decree
Both spouses must agree on and sign a Final Decree of Divorce covering all property division, debts, and — if applicable — custody, visitation, and child support. In Texas, the Final Decree serves as both the settlement agreement and the court order.
Step 5 — Wait 60 days and attend the final hearing
After the 60-day waiting period, the filing spouse appears before the judge at a brief final hearing called a prove-up hearing. The judge asks a few questions, reviews the Final Decree, and signs it. In Texas, typically only the filing spouse needs to appear — your spouse does not need to attend if they signed the Waiver of Service and the Final Decree.
Required forms for divorce in Texas
- Original Petition for Divorce
- Waiver of Service (if spouse waives formal service)
- Final Decree of Divorce signed by both spouses
- Civil Case Information Sheet
- If children are involved: Child Support Review Order, Medical Support Order, and Parenting Plan
All forms are available free at texaslawhelp.org.
How much does a divorce cost in Texas?
The court filing fee in Texas is approximately $300 in most counties. For a DIY agreed divorce, your total cost is typically $300–$500. Attorney fees for an uncontested divorce in Texas typically range from $1,500 to $4,000. Contested divorces with attorneys can cost $15,000–$30,000 or more. For a detailed breakdown see our guide: How Much Does a Divorce Cost in Texas?
How long does a divorce take in Texas?
The minimum time for any divorce in Texas is 60 days due to the mandatory waiting period. Most uncontested DIY divorces in Texas are finalized in 2–4 months. Contested divorces typically take 12–18 months or longer. For more details see our guide: How Long Does Divorce Take in Texas?
Frequently asked questions — Texas divorce
Is Texas a community property state?
Yes. Texas is one of nine community property states in the United States. Most assets and debts acquired during the marriage are considered community property and are typically divided equally between spouses. Separate property — assets owned before marriage or received as gifts or inheritance — is not subject to division.
Is Texas a no-fault divorce state?
Yes. Texas allows no-fault divorce based on insupportability — meaning the marriage has become insupportable due to discord or conflict. You do not need to prove wrongdoing by either spouse. Texas also allows fault-based grounds including adultery and cruelty, which can affect property division.
What is a prove-up hearing in Texas?
A prove-up hearing is the final court appearance in a Texas uncontested divorce. The filing spouse appears before the judge, answers a few basic questions confirming residency and the grounds for divorce, and the judge reviews and signs the Final Decree of Divorce. The hearing typically takes less than 10 minutes.
Can I file for divorce in Texas without my spouse’s cooperation?
Yes. You can file a contested divorce in Texas without your spouse’s agreement. Your spouse must be formally served by a process server or constable. If they do not respond within the required time, you may proceed with a default divorce after the 60-day waiting period.
What if I cannot afford the Texas divorce filing fee?
If you cannot afford the filing fee, you can apply for a fee waiver by filing a Statement of Inability to Afford Payment of Court Costs with the court. If your income qualifies, the court must waive the filing fee.
Divorce guides in other states
Divorce laws vary significantly by state. Select your state below to find the complete guide.
- Virginia
- Colorado
- California
- Florida
- New York
- Illinois
- Georgia
- Michigan
- Ohio
- Pennsylvania
- New Jersey
- Arizona
- Washington
- Missouri
- North Carolina
- Alabama
- Alaska
- Arkansas
- Connecticut
- Delaware
- Hawaii
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Minnesota
- Mississippi
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Mexico
- North Dakota
- Oklahoma
- Oregon
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- West Virginia
- Wisconsin
- Wyoming
Legal disclaimer
The information on this page is for general educational purposes only and does not constitute legal advice. Divorce laws in Texas vary by county and individual circumstances. If your divorce involves significant assets, children, or disputes, consider consulting a licensed attorney in Texas.