Yes, you can file for divorce online in Texas. Every divorce petition in the state is submitted electronically through the eFileTexas.gov portal, and an uncontested case can be handled almost entirely from a computer, from the first petition through the final decree. Two gating rules apply before you start: one spouse must have lived in Texas for the past six months and in the filing county for the past 90 days, and no judge can finalize anything until a 60-day waiting period runs out.
Who Can File in Texas
Texas law is specific about who qualifies. Either you or your spouse must have been a domiciliary of the state for the six months immediately before filing, and that same person must have lived in the county of filing for at least the preceding 90 days.1State of Texas. Texas Family Code 6.301 – General Residency Rule for Divorce Suit Both conditions have to be met by the same spouse at the time the petition is filed. If you recently moved to a new county within Texas, you may need to wait out the 90-day county requirement even if you have lived in the state for years.
Military families face a wrinkle. Service members stationed outside Texas who claim the state as their home of record can sometimes satisfy the residency requirement, but the rules are fact-specific and not clearly settled. If either spouse is active-duty military, a consultation with an attorney familiar with military divorce is worth the cost before filing.
When Online Filing Actually Works
The streamlined online process is built for uncontested divorces, meaning both spouses agree on every issue: who gets what property, how debts are split, and if there are children, the custody arrangement and support. When both sides are on the same page, you can prepare and file the paperwork yourself without hiring a lawyer.
If you and your spouse disagree on anything significant, the case becomes contested. You can still file the initial petition online, but the rest will look different. Contested cases typically involve hearings, discovery, and sometimes a full trial. The self-help forms available through the Texas State Law Library and similar resources are not built for that complexity, and most contested cases need an attorney.
What To Gather Before You Start
Before opening any form, pull everything together in one place. You will need the date of your marriage, the date you and your spouse stopped living together, and full identifying information for both spouses and any children. The standard Texas forms ask for Social Security numbers for both parties and children.
You also need a clear picture of your finances: account balances for bank accounts, credit cards, and loans; the current value of real estate, vehicles, and retirement accounts; and a list of anything either spouse owned before the marriage. Separate property (assets one spouse brought in or received as a gift or inheritance) is treated differently from community property, so distinguishing the two matters.
The core document is the Original Petition for Divorce, which tells the court you want the marriage dissolved and lays out what you are asking for.2TexasLawHelp.org. FM-DivB-100 Original Petition for Divorce If your spouse agrees to the divorce and does not want a constable or process server knocking, they can sign a Waiver of Service, which enters their appearance voluntarily.3TexasLawHelp.org. Waiver of Service Only (Specific Waiver) If either spouse lives outside Texas, an Out-of-State Party Declaration must be completed and filed with the petition.4TexasLawHelp.org. Exhibit: Out-of-State Party Declaration
Accuracy matters more than people expect. If the forms do not match your actual finances, or if you leave out a debt or asset, the judge may reject the decree or you may end up with an unenforceable agreement. Verify debt balances and property titles before entering anything. Fixing mistakes after filing means amendments, which cost additional fees and add weeks.
How To File on eFileTexas.gov
All Texas divorce petitions go through the eFileTexas.gov portal. E-filing is mandatory for attorneys, and self-represented filers are strongly encouraged to use it as well.5eFileTexas.Gov. eFileTexas.Gov – Official E-Filing System for Texas To get started, register for an individual account and select an electronic filing service provider (EFSP) to transmit your documents. Some EFSPs offer free filing; others charge a service fee on top of the court’s filing fee.6eFileTexas.Gov. Electronic Filing Service Providers
Documents must be uploaded as PDFs. Once you submit, the system generates an electronic timestamp that becomes your official filing date. You will get a confirmation email, and the clerk’s office will assign a cause number and court. Keep that confirmation. It is your proof the case exists if anything goes sideways in the clerk’s processing queue.
Filing Fees and Fee Waivers
The base court filing fee for a Texas divorce runs roughly $300 to $400 depending on the county. Cases with children generally cost more, with some counties charging around $400 or slightly above. Your EFSP may add a service charge on top. These are paid at the time of electronic submission.
If you cannot afford the fee, Texas allows you to request a waiver by submitting a Statement of Inability to Afford Payment of Court Costs. You qualify if you receive means-tested government benefits like Medicaid, TANF, food stamps, or SSI; if you are represented by a legal aid provider; or if paying the fee would prevent you from covering basic household needs. The clerk reviews your statement and, even if they contest your eligibility, must let you file your case while the dispute is resolved. You are not required to pay anything until a judge holds a hearing and finds that you can actually afford the costs.
Standing Orders That Take Effect at Filing
Many Texas counties have standing orders that automatically kick in the moment a divorce petition is filed. They are not optional. They freeze the status quo until a judge can sort things out, generally prohibiting both spouses from transferring or hiding assets, canceling insurance, or disrupting the children’s living arrangements. If your county requires a standing order, you must print it and attach it to your initial petition.
Violating a standing order can produce a contempt of court finding, which carries fines and potentially jail time. The specifics vary by county, so check with your local district clerk’s office for the version that applies. People file past this one without reading it, and it almost always comes back to bite them.
Getting Your Spouse Served
Filing the petition is only half of it. Your spouse must be officially notified of the case before anything else happens. The simplest path is the Waiver of Service, where your spouse voluntarily signs a form acknowledging the lawsuit.7Texas State Law Library. Answering Divorce Papers – Divorce – Guides Signing a waiver does not give up any rights except the right to formal delivery of the papers.
If your spouse will not sign a waiver, you arrange personal service through a constable, sheriff, or private process server. The server physically delivers the petition, and the cost typically runs $75 to $150 depending on the county.
When You Cannot Find Your Spouse
If your spouse’s location is genuinely unknown, Texas allows service by publication. You publish a notice in a newspaper and on the state’s public information website. Before approving this method, the court will require proof that you conducted a diligent search, the kind of effort someone who actually wanted to find the other person would make. If children or community property are involved, the court will also require you to hire an attorney ad litem to independently search for your spouse and protect their right to notice.
Service by publication carries a real risk. Because your spouse may never see the notice, they have two years to come back and request a new trial. If they prove you did not search hard enough, the court can reopen the case regardless of how much time has passed.
If Your Spouse Is Active-Duty Military
Federal law adds a layer of protection. The Servicemembers Civil Relief Act prevents courts from entering a default judgment against a service member who has not appeared. Before any default can be entered, you must file an affidavit stating whether the defendant is in the military, and if they are, the court must appoint an attorney to represent them.8United States Courts. Servicemembers Civil Relief Act (SCRA) The court can also grant a stay of at least 90 days if the service member’s duties prevent them from participating.
The 60-Day Waiting Period
Texas imposes a mandatory 60-day cooling-off period. A judge cannot grant a divorce until at least 60 days have passed since the petition was filed.9State of Texas. Texas Family Code 6.702 – Waiting Period Most uncontested cases take somewhat longer than 60 days in practice, because of scheduling, but you cannot finalize any sooner.
One exception exists. The court can waive the waiting period entirely if the respondent has been convicted of or received deferred adjudication for a family violence offense against you or a member of your household, or if you have an active protective order or emergency magistrate’s order based on family violence committed during the marriage.9State of Texas. Texas Family Code 6.702 – Waiting Period
The Prove-Up Hearing
Once the 60 days have passed, you schedule a short hearing called a prove-up to finalize the divorce. You testify under oath that the residency requirements are met, that the marriage has become insupportable, and that the terms in your proposed decree are fair.10Texas State Law Library. Finalizing the Divorce Many Texas courts now allow prove-ups by video conference, so you may not need to appear at the courthouse in person.
If the judge is satisfied, they sign the Final Decree of Divorce on the spot. That signed decree is proof the marriage is legally over. The clerk files it into the court record, and you should keep certified copies for yourself since you will need them for name changes, insurance updates, and other post-divorce tasks.
Issues the Online Forms Will Not Decide for You
A few substantive matters sit outside what filing software handles. Knowing they exist keeps the online process from stalling.
Child support. If your divorce involves children, support follows Texas’s statutory percentage guidelines based on the paying parent’s monthly net resources (20% for one child, 25% for two, 30% for three, 35% for four, 40% or more for five), with adjustments for other children the parent supports.11State of Texas. Texas Family Code Chapter 154 – Child Support The guideline amount is presumptive unless the parties agree to something different and the court approves.
Property division. Texas is a community property state, and the court divides the marital estate in a manner it considers “just and right,” which is not necessarily 50/50.12State of Texas. Texas Family Code FAM 7.001 – General Rule of Property Division In an uncontested online divorce, you and your spouse work out the split yourselves and present it to the judge.
Retirement accounts. Splitting a 401(k), pension, or similar employer-sponsored plan usually requires a Qualified Domestic Relations Order (or a Domestic Relations Order for Texas government plans), separate from the divorce decree. Without it, the plan administrator has no obligation to honor the division. Texas allows you to go back later to get one signed, but handling it at the time of divorce avoids significant hassle.
Name change. If you want to return to a name you used before the marriage, include that request in the Original Petition. The judge includes it in the Final Decree at no extra cost.13Texas State Law Library. After the Divorce The decree can only restore a previously used name; an entirely new name requires a separate name-change proceeding.
Health insurance. Coverage under a spouse’s employer-sponsored plan ends when the divorce is finalized. Under federal COBRA law, divorce is a qualifying event that lets you continue coverage at your own expense for up to 36 months, and you have 60 days from the qualifying event or the COBRA election notice (whichever is later) to decide.14CMS. COBRA Continuation Coverage Questions and Answers Losing employer coverage through divorce also qualifies you for a special enrollment period on the Health Insurance Marketplace.