Yes, you can file for divorce online in Texas. Every district court in the state accepts petitions through eFileTexas.gov, the official electronic filing portal, and an uncontested case can move from petition to signed decree without either spouse setting foot in a courthouse. The filing fee is $350 without minor children and $401 with children, and no judge can grant the divorce until at least 60 days after the clerk accepts your petition.
Confirm You Meet Texas Residency Rules
Before the court will take your case, Texas Family Code Section 6.301 requires that either you or your spouse has lived in Texas for at least six months and in the county where you file for at least 90 days.1State of Texas. Texas Family Code – Section 6.301 – General Residency Rule for Divorce Suit The statute uses the word “domiciliary” for the six-month requirement, meaning Texas has to be your real home, not somewhere you’re staying temporarily.
Count the days. A petition filed one day early can be dismissed, and you’ll pay the filing fee again when you refile.
Prepare the Right Forms
The core document is the Original Petition for Divorce. It states that you want to end the marriage and lays out what you’re asking for on property, debts, and children. You’ll also need a Civil Case Information Sheet, which is the administrative cover page the clerk uses to route the case.2Texas Courts. Divorce Set 1 – Uncontested, No Minor Children, No Real Property Instructions and Forms
The petition asks for both spouses’ full legal names, the marriage date, the date you stopped living together, and the grounds for divorce. Most online filings use the no-fault ground of “insupportability” under Texas Family Code Section 6.001, which means conflict or personality differences have broken the marriage beyond repair. Neither spouse has to prove the other did anything wrong.3State of Texas. Texas Family Code – Section 6.001 – Insupportability For cases with children, you’ll also need each child’s name, date of birth, and your proposed custody and support terms.
The Texas Judicial Branch and TexasLawHelp.org publish standardized form sets approved for self-represented filers.4Texas Judicial Branch. Supreme Court Approved Divorce Forms Pick the version that matches your situation (minor children, real property, prior court orders). The wrong set may be missing provisions the judge needs to see before signing.
Waiver of Service
If your spouse is cooperating, they can sign a Waiver of Service under Texas Family Code Section 6.4035 instead of being formally served. The waiver has rules: it can’t be signed until after the petition is filed, it must list the signing spouse’s mailing address, and it must be notarized by someone who isn’t an attorney in the case. As of late 2025, a digitized signature is permitted.5State of Texas. Texas Family Code – Section 6.4035 – Waiver of Service Without a waiver, you’ll need a constable, sheriff, or private process server to deliver the papers, which generally costs $30 to $100.
Name Change in the Petition
If either spouse wants to go back to a prior surname, put the request in the Original Petition. Texas Family Code Section 6.706 requires the court to grant a name change to a previously used name when a party asks for it, and the judge cannot refuse just to keep family surnames aligned.6State of Texas. Texas Family Code – Section 6.706 – Change of Name Handling it inside the divorce is far simpler than filing a separate name-change case later.
Filing Through eFileTexas Step by Step
All Texas divorce filings go through eFileTexas.gov.7eFileTexas.Gov. Official E-Filing System for Texas E-filing is mandatory for attorneys in family cases, and while it’s technically optional for self-represented filers, essentially every county expects you to use it.
- Register an account on eFileTexas.gov and select the district court in your county.
- Convert your petition, Civil Case Information Sheet, and any supporting documents (such as the Waiver of Service) into separate PDFs and upload them.
- Choose the filing code for “Original Petition for Divorce.” The wrong code is one of the most common reasons a filing gets bounced back.
- Pay the consolidated fee: $350 without minor children, $401 with children. The amount with children includes a family protection fee and an initial child-support service fee. Some counties add small local fees.8Tarrant County. Family Filing Fees – Effective January 1, 2026
- Submit. You’ll get a confirmation email, and the clerk will either accept the filing or return it with a note on what to fix.
If you can’t afford the fee, upload a Statement of Inability to Afford Payment of Court Costs instead of paying. If the court approves it, your fees are waived entirely.9Texas Judicial Branch. Statement of Inability to Afford Payment of Court Costs
Once the clerk accepts the filing, you’ll receive a file-stamped copy of the petition by email with an assigned cause number. That stamped date starts the clock on the waiting period.
When Online Filing Isn’t Enough
The petition itself always starts online, but the rest of the case only stays digital if your spouse is reachable and willing to sign. If your spouse refuses to sign a waiver, you’ll need formal service of process by a constable, sheriff, or private process server. If you can’t locate them at all, Texas allows service by publication through a newspaper that meets the court’s requirements, which adds time and cost and can limit the relief the judge is willing to grant. Service mistakes can invalidate everything that follows, so this is one place where paying an attorney is usually worth it.
The 60-Day Waiting Period
Texas requires 60 days to pass between the clerk’s acceptance of your petition and the earliest date a judge can grant the divorce.10State of Texas. Texas Family Code – Section 6.702 – Waiting Period The clock runs from the filing date, not the date your spouse was served or signed a waiver. Even with full agreement and every document ready, day 61 is the soonest you can finalize.
There is one exception. The court can skip the wait if the respondent has been convicted of or received deferred adjudication for family violence against the petitioner or a member of the petitioner’s household, or if the petitioner holds an active protective order based on family violence committed during the marriage.10State of Texas. Texas Family Code – Section 6.702 – Waiting Period
Use the 60 days. Draft your Final Decree of Divorce, finalize property and debt terms, and get your spouse’s signature on the decree. If you have retirement accounts to split, start the Qualified Domestic Relations Order now and submit it to the plan administrator for pre-approval; waiting until after the decree is signed and discovering the QDRO doesn’t meet the plan’s requirements is a common and expensive mistake. Many Texas counties also issue automatic standing orders the moment a family case is filed, restricting both spouses from selling assets, draining accounts, taking on new debt, or changing insurance beneficiaries while the case is pending. Pull your county’s version from the clerk’s office or local court website so you don’t violate it by accident.
Finalizing Without Going to Court
To wrap up an uncontested divorce, you’ll attend a short prove-up hearing. The judge puts you under oath and asks a standard set of questions to confirm residency, insupportability, and that the terms in your Final Decree are fair.11Parker County. Agreed (Uncontested) Divorce Cases It usually takes under 15 minutes.
Many Texas courts now hold prove-ups by video conference, and some accept a sworn prove-up affidavit in place of live testimony, letting you finalize the divorce without appearing before a judge.12Texas State Law Library. Finalizing the Divorce Whether the affidavit option is available depends on the judge’s preferences and local rules, so check with your court coordinator before you count on it.
The Final Decree of Divorce must contain every order on property division, debt allocation, and (if children are involved) conservatorship, possession schedules, and child support. Both spouses should sign it before the hearing. Once the judge signs and the clerk files the decree, the marriage is legally dissolved. Order several certified copies right away. You’ll need them to update your driver’s license, Social Security records, bank accounts, and retirement plans.
A Few Things to Settle Before the Decree Is Signed
Three items are easy to miss and painful to fix later.
Dependent claims for taxes. By default, the custodial parent (the one the child lives with for the greater number of nights during the year) claims the child. If you want the noncustodial parent to claim the child instead, the custodial parent must sign IRS Form 8332 releasing the claim for the specified tax years.13Internal Revenue Service. Form 8332 – Release of Claim to Exemption for Child by Custodial Parent Many Texas decrees alternate the claim between parents by year. The IRS doesn’t honor the decree alone; it needs the signed form.
Retirement accounts. Splitting a 401(k), pension, or other employer-sponsored plan requires a Qualified Domestic Relations Order, a separate court order that tells the plan administrator to transfer a share to the other spouse.14Legal Information Institute. 26 U.S. Code 414(p)(1) – Qualified Domestic Relations Order Definition Without a QDRO the plan won’t release funds, and withdrawals by the account holder can trigger taxes and penalties. IRAs are different: funds can be transferred directly to a former spouse’s IRA under the decree without tax consequences, as long as the transfer is incident to the divorce under 26 U.S.C. Section 1041.15Office of the Law Revision Counsel. 26 U.S. Code 1041 – Transfers of Property Between Spouses or Incident to Divorce
Health insurance. If you’re on your spouse’s employer plan, coverage ends when the divorce is final. Federal COBRA lets you continue the same plan for up to 36 months at full cost plus a 2% administrative fee, but you must notify the plan administrator of the divorce within 60 days of the decree being signed, or you lose the right to COBRA entirely.16U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers Shop marketplace or individual plans during the waiting period so you have an alternative ready when the decree is signed.