To file for divorce in Bexar County, you submit an Original Petition for Divorce electronically through a state-approved e-filing provider, pay a filing fee of $350 or $401, arrange for your spouse to be formally served, and wait at least 60 days before a judge can sign the final decree. You also need to meet Texas residency requirements before you file, and the moment your petition is on record, a standing order automatically restricts what both spouses can do with money and property.
Check the Residency Requirement First
Before you file anything, one spouse must have lived in Texas for at least six months and in Bexar County for at least 90 days as of the filing date.1State of Texas. Texas Family Code 6.301 – General Residency Rule for Divorce Suit Both conditions have to apply to the same person. If you recently moved to San Antonio from another Texas county, the 90-day clock started when you established your Bexar County residence, not when you first crossed into Texas.
If neither spouse qualifies in Bexar County but one qualifies in another Texas county, you’ll need to file there. Filing in the wrong county doesn’t automatically void the case, but your spouse can challenge it and force you to refile, wasting your filing fee and pushing your timeline back.
Decide on Your Grounds
Texas allows both no-fault and fault-based divorce. Nearly all uncontested cases use the no-fault ground called insupportability, meaning the marriage has broken down with no realistic chance of reconciliation.2State of Texas. Texas Family Code 6.001 – Insupportability You don’t have to prove your spouse did anything wrong, and neither of you has to agree on the cause.
Fault-based grounds — cruelty, adultery, abandonment for at least one year, a felony conviction with imprisonment over a year, confinement in a mental hospital for at least three years, or living apart for at least three years — are available. If proven, fault can influence how a judge divides property. But proving fault takes evidence, time, and usually money. For a straightforward split, insupportability is the faster path, and it’s what most petitions filed in Bexar County rely on.
Prepare the Original Petition for Divorce
The document that opens your case is the Original Petition for Divorce. It identifies you and your spouse, states when and where you married, lists any minor children with their birth dates and residences, states the grounds, and sets out your initial requests on property, custody, and spousal maintenance.3TexasLawHelp.org. Original Petition for Divorce
Free fill-in-the-blank forms are available through TexasLawHelp.org, which the Bexar County District Clerk’s website links to. The forms come in two sets: one for divorces without children and one for divorces with children. Each set includes the petition plus related forms you’ll need later. Fill these out carefully — an incomplete petition, or one with mismatched names or dates, causes delays that can push your case back weeks.
One document must be attached to every new petition: the Civil District Judges’ Standing Order, which every Bexar County divorce case triggers automatically the moment you file. More on what it does below.
E-File and Pay the Fee
Bexar County requires all new divorce petitions to be filed electronically through a state-approved e-filing service provider.4Bexar County, TX – Official Website. Civil Filing You cannot walk into the clerk’s office and hand over a paper petition. The state’s official portal at eFileTexas.gov lists approved providers, several of which are free to use for the filing itself.5eFileTexas.Gov. Official E-Filing System for Texas TurboCourt is one of the more user-friendly options for people filing without an attorney.
The filing fee is $350 for a divorce without minor children and $401 for a divorce with children.6Bexar County, TX – Official Website. Fee Schedule If you cannot afford it, file a Statement of Inability to Afford Payment of Court Costs, a standardized form published by the Texas Judicial Branch.7Texas Judicial Branch. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond It asks for detailed information about your income, expenses, and assets. If granted, the waiver covers filing fees, service fees, and most other court costs.
Know What the Standing Order Does the Moment You File
This catches people off guard. The instant a divorce petition is filed in Bexar County, a standing order takes effect that restricts what both spouses can do with money, property, and each other.8Bexar County, TX – Official Website. Civil District Judges Standing Order It must be attached to every new petition and applies to both spouses regardless of who filed.
The main restrictions:
- You cannot sell, transfer, damage, or hide any property belonging to either spouse, whether it’s community or separate.
- Neither spouse can take on new debts beyond legal expenses for the case.
- Withdrawals from checking, savings, or retirement accounts are prohibited except as the order specifically allows.
- Threatening, using vulgar language toward, or repeatedly contacting the other spouse in an offensive manner violates the order.
- Opening or diverting the other party’s mail is prohibited.
Violating the standing order can result in contempt of court. The order does carve out exceptions for reasonable and necessary living expenses, but the boundaries are narrow. Read it carefully before you move any money after filing.
Serve Your Spouse
After you file, your spouse must be formally notified of the lawsuit. You cannot deliver the papers yourself. A sheriff, constable, or private process server has to hand the documents to your spouse in person, or the clerk can arrange service by certified mail with a return receipt.
Constable and sheriff fees for service in Texas typically run $75 to $100, depending on the precinct. Private process servers generally charge $45 to $100 for standard local service, with higher fees for hard-to-locate individuals or rush requests. These costs are on top of your filing fee.
There’s a faster, cheaper option if your spouse is cooperative. They can sign a Waiver of Service in front of a notary, which acknowledges receipt of the petition and waives the requirement for formal delivery. Alternatively, they can file a Respondent’s Original Answer with the court, which also eliminates the need for service. The waiver route is standard in uncontested cases where both sides have already agreed to divorce, and it saves both time and money.
Plan Around the 60-Day Waiting Period
Texas requires a 60-day cooling-off period between the date you file and the earliest date a court can grant the divorce.9State of Texas. Texas Family Code 6.702 – Waiting Period Start counting the day after you file, and include weekends and holidays. If day 60 lands on a weekend or holiday, the earliest possible hearing moves to the next business day.
The waiting period is waived only in cases involving family violence. Specifically, it’s waived where the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner, or where the petitioner holds an active protective order against the respondent based on family violence during the marriage.9State of Texas. Texas Family Code 6.702 – Waiting Period Outside those circumstances, no amount of mutual agreement can shorten the wait.
Sixty days is the floor, not the ceiling. Contested cases routinely run months or years past that mark.
Ask for Temporary Orders If You Need Them
The waiting period creates a gap where practical questions about money, housing, and children need answers before the divorce is final. Either spouse can ask the court for temporary orders that govern the situation in the meantime. These orders can address who stays in the family home, who pays which bills, where the children live during the week, temporary child support, and temporary spousal support.
Getting temporary orders requires filing a motion and attending a hearing. A judge decides based on what’s fair and what serves the children’s best interests. Temporary orders expire when the final decree is signed, but they carry the full weight of a court order while active. Ignoring one is contempt of court.
Finalize the Divorce
Once the 60-day period has passed and all issues are resolved, you can schedule a final hearing. In an agreed (uncontested) divorce, the hearing is brief. You’ll appear before a judge, swear to tell the truth, and answer a short set of questions confirming the facts in your petition and that you agree to the terms of the final decree. Some Bexar County courts accept a sworn affidavit in place of live testimony for agreed divorces without children. Check with the court coordinator for your assigned court.
Bring your file-stamped copy of the Original Petition, proof that your spouse was served or signed a waiver, and the Final Decree of Divorce already filled out and signed by both parties. If everything is in order, the judge signs the decree at the hearing.
The divorce is not final until the signed decree is filed with the District Clerk. After the judge signs it, take it back to the clerk’s office and file it. This last step is easy to forget, and people do walk out of the courtroom thinking they’re done when they aren’t.