The cost to file a divorce in Texas starts with a court filing fee of roughly $250 to $400, depending on the county. That number only opens the case. What you actually spend from start to finish depends on whether your spouse agrees to the terms, whether children are involved, and whether you hire an attorney. An uncontested divorce handled without a lawyer can finish for under $500. A contested case with property fights and custody disputes can climb into the tens of thousands.
What the Court Charges to Open the Case
Every divorce in Texas begins with an Original Petition for Divorce filed at the district clerk’s office in your county. The clerk charges a filing fee to open the case, and the amount varies by county. Most counties fall between $250 and $400. Budget at least $300 to be safe.
The fee is non-refundable and has to be paid before the clerk processes anything. No payment, no case number, no service on your spouse, no court date. Some counties add small surcharges for records management or courthouse technology, tacking on another $10 to $30. Call your county’s district clerk before filing to confirm the exact amount.
Getting Your Spouse Served
Once you file, your spouse has to be formally notified through a citation. You cannot hand the papers over yourself. A county constable or sheriff usually handles it for $50 to $100. If your spouse is cooperative and signs a waiver of service, you skip this cost entirely. Waivers are common in uncontested cases.
Private process servers charge more, typically $75 to $200 in a straightforward situation. If your spouse is hard to find, skip tracing can add several hundred dollars. When no one can locate the spouse at all, service by publication in a local newspaper is a last resort and carries its own publication fees.
Attorney Fees
Legal representation is where divorce costs split apart. Texas family law attorneys generally charge $200 to $500 per hour, with rates higher in Houston, Dallas, and Austin. A contested case usually requires an upfront retainer of $2,000 to $5,000 or more. That money sits in a trust account and is drawn down as the attorney works the case. Once it’s gone, you replenish it.
Uncontested divorces, where both spouses have already agreed on every term, cost far less. Many attorneys handle them for a flat fee of $500 to $1,500. That covers preparing the paperwork, making sure nothing is missing, and walking you through the final hearing. For couples whose only real dispute is the marriage itself, this is by far the cheapest supervised route.
You can also go without an attorney, which keeps your out-of-pocket cost close to the filing fee and service charge. Texas provides standardized forms through the Texas Law Help website for people representing themselves. Self-representation carries real risk if you have significant assets, retirement accounts, or children. Mistakes in a final decree can be expensive to fix later, and some are impossible to undo.
Mediation
Some Texas counties require mediation before scheduling a trial. Even where it’s not mandated, judges often order it when they see a reasonable chance of settlement. A neutral third party sits with both spouses and helps them negotiate an agreement outside the courtroom.
Mediators charge by the hour, and the fee is usually split between the spouses. A half-day session can run each party a few hundred dollars, though rates vary with the mediator’s experience and the complexity of the issues. If you qualify for a court-cost waiver under Texas Rule of Civil Procedure 145, you may be able to get mediation fees waived too.
Other Expenses That Can Show Up
Beyond filing, service, and lawyers, several other costs can appear depending on your situation.
- Home appraisals: a professional appraisal of a single-family home usually runs $300 to $425.
- Business valuations: when one spouse owns a business, a formal valuation is often necessary. Even simple valuations frequently run $25,000 or more, and complex ones can exceed $50,000.
- Parenting courses: Texas courts require parents of minor children to complete a court-approved parenting class. These generally cost $35 to $80 per person and are available online.
- Certified copies of the final decree: banks, insurance companies, and government agencies will ask for these. County clerks charge a few dollars per page.
- Qualified Domestic Relations Order (QDRO): if a 401(k), pension, or other employer-sponsored retirement plan has to be divided, an attorney or specialist typically charges $500 to $2,000 to draft the order. Skipping this step or getting it wrong means the plan administrator will not release any funds regardless of what the divorce decree says.1U.S. Department of Labor. Qualified Domestic Relations Orders Under ERISA – A Practical Guide
If You Can’t Afford the Filing Fee
If paying court costs would keep you from covering basic necessities like rent or food, Texas Rule of Civil Procedure 145 lets you file a Statement of Inability to Afford Payment of Court Costs. Once filed, the clerk has to process your case without upfront payment.2Texas Courts. Texas Rules of Civil Procedure – Rule 145 Payment of Costs Not Required
The statement must be sworn, either before a notary or under penalty of perjury. Receiving benefits from a means-tested program like Medicaid or SNAP, or being represented by a legal aid provider funded by the Texas Access to Justice Foundation, counts as strong evidence that you qualify. Attaching that evidence strengthens the filing.2Texas Courts. Texas Rules of Civil Procedure – Rule 145 Payment of Costs Not Required
Once the clerk receives your sworn statement, they must docket the case, issue citation, and provide all normal services. They cannot refuse the filing just because you didn’t attach extra documentation. The opposing party or the court can challenge your claim, but only with sworn evidence that your statement is false.
How Timing Affects the Bill
Texas requires at least 60 days between the day you file the petition and the day a judge can grant the divorce. The only exceptions are cases where the court finds the other spouse was convicted of or received deferred adjudication for family violence against you, or where you have an active protective order based on family violence during the marriage.3State of Texas. Texas Family Code FA – Suit for Dissolution of Marriage
The waiting period itself doesn’t cost anything, but it can drive up attorney fees if your lawyer is billing hourly during the wait. In uncontested cases, the 60-day mark is often the target for the final hearing. Contested cases routinely run six months to a year or longer, and each additional month of active work adds billable time.
Before you file, you or your spouse must have lived in Texas for at least six months and in the county where you’re filing for at least 90 days.
How to File
Texas requires electronic filing for all civil and family cases through the eFileTexas.gov portal. Create an account with a certified e-filing service provider, upload your Original Petition for Divorce and any supporting documents, and pay the filing fee by credit card or electronic check.4eFileTexas.gov. Official E-Filing System for Texas
After the clerk reviews and accepts your filing, you’ll receive an electronic time-stamped copy of the petition confirming the case is open. The system assigns a cause number that tracks the case through the court’s docket from that point on.5eFileTexas.gov. Frequently Asked Questions
If you’re representing yourself and aren’t comfortable filing electronically, some counties still accept paper filings at the district clerk’s office. Call your county clerk to confirm whether in-person filing is available and whether extra fees apply for paper submissions.