To file for divorce in Williamson County, Texas, you take an Original Petition for Divorce to the District Clerk’s office in Georgetown, pay a $350 filing fee, arrange for your spouse to be served, and wait at least 60 days before the court can finalize anything. Before any of that works, you have to meet Texas residency rules, and the case has to move through several required steps between filing and the final decree.
Residency Requirements
Two residency thresholds must both be satisfied before the clerk will accept your petition. At least one spouse must have lived in Texas for the six months immediately before filing, and at least one spouse must have been a resident of Williamson County for the 90 days before filing.1State of Texas. Texas Family Code 6-301 – General Residency Rule for Divorce Suit The same spouse can meet both, or you can meet one and your spouse the other. If you just moved to Williamson County from another Texas county, you may need to wait until you hit 90 days before filing here.
Active-duty military members stationed in Texas can satisfy these requirements even if their legal home of record is another state.
Grounds to State in the Petition
Texas allows no-fault and fault-based grounds. Most people file on “insupportability,” meaning the marriage has broken down because of conflict or incompatibility with no reasonable chance of reconciliation.2State of Texas. Texas Family Code 6-001 – Insupportability Neither spouse has to prove wrongdoing.
Fault grounds are available for cruelty, adultery, a felony conviction with imprisonment of at least one year, abandonment for at least one year, and living apart without cohabitation for at least three years.3State of Texas. Texas Family Code 6-002 – Cruelty Filing on fault grounds can affect how the court divides property, but proving fault takes evidence and time. If you are filing without an attorney, insupportability is usually the practical choice.
What Goes in the Petition
The Original Petition for Divorce tells the court who the parties are, what grounds you’re asserting, and what you’re asking for. You’ll need:
- Full legal names, current addresses, and dates of birth for both spouses
- The date and place of marriage and the date of separation
- If there are children, their full names, dates of birth, and current addresses
- A general inventory of property and debts: real estate, vehicles, bank accounts, retirement accounts, mortgages, credit card balances
The petition also states your requests on child custody, child support, property division, and spousal maintenance if any of those apply. A Civil Case Information Sheet goes with it. Standardized forms are available through the Williamson County District Clerk’s website and TexasLawHelp.org.
If you want to restore a former name, include that request in the petition. Texas law requires the court to grant a name change to any previously used name when it is specifically requested, and the court cannot deny the change just to keep family members’ last names the same.
When children are involved, Williamson County may require both parents to complete a parenting course covering how divorce affects children and how to co-parent. Confirm with the District Clerk or the court assigned to your case whether that applies to you.
Where and How to File
Divorce cases are filed with the Williamson County District Clerk in Georgetown. If you’re representing yourself, you can file in person, by mail at P.O. Box 24, Georgetown, Texas 78627, or electronically through eFileTexas.gov.4Williamson County, TX. Williamson County District Clerk E-filing is mandatory for attorneys and optional but encouraged for self-represented filers.5eFileTexas.gov. eFileTexas.gov If you file in person, bring the original petition and two copies.
The filing fee is $350 for every new divorce case, whether or not children are involved. Add $8 for the issuance fee when you need the clerk to issue a citation for service.6Williamson County District Clerk. Williamson County District Clerk Civil Fees and Court Costs The clerk accepts cash, credit cards, money orders, and cashier’s checks. No personal checks.
If You Can’t Afford the Fee
File a Statement of Inability to Afford Payment of Court Costs, a sworn form approved by the Texas Supreme Court and available in English and Spanish.7Texas Courts. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond You sign under penalty of perjury, and the court decides whether to waive fees based on your finances.
Serving Your Spouse
Once the petition is filed and assigned a cause number, your spouse has to be formally notified. Texas law requires proper service of process before the case can move forward.
If your spouse agrees to the divorce, the simplest path is a Waiver of Service. Your spouse signs a notarized document acknowledging receipt of the petition, and you file that waiver with the court. No process server, no delivery fee.
If your spouse won’t sign a waiver or you can’t locate them, you’ll need personal service. A constable, sheriff’s deputy, or private process server delivers the papers and files a Return of Service with the court. The District Clerk charges $8 to issue the citation, and constable fees vary by precinct, so contact the appropriate constable’s office for current pricing.6Williamson County District Clerk. Williamson County District Clerk Civil Fees and Court Costs Service by certified mail through the District Clerk costs $70.
The Standing Order Takes Effect Immediately
Williamson County has a standing order that applies automatically in every divorce case the moment the petition is filed. It binds both spouses and restricts certain conduct while the case is pending, including destroying, hiding, or transferring community property, canceling or changing insurance coverage, and harassing or threatening the other spouse.8Williamson County. Family Standing Order PDF Violating it can result in contempt of court. Read the standing order as soon as your case is filed. The restrictions apply immediately, not after your spouse is served.
The 60-Day Waiting Period and Your Spouse’s Answer
Texas courts cannot grant a divorce until at least 60 days after the original petition was filed.9State of Texas. Texas Family Code FAM 6-702 – Waiting Period The only exceptions are when the respondent has been convicted of or received deferred adjudication for family violence against the petitioner, or when the petitioner holds an active protective order based on family violence during the marriage. Even a fully agreed divorce cannot close sooner, and most cases take longer than 60 days.
During the wait, your spouse is expected to file a formal Answer. The deadline is 10:00 a.m. on the first Monday after 20 days have passed from the date of service. If your spouse misses that deadline, you may be able to proceed with a default divorce, though the court will still require you to appear and give testimony.
Temporary Orders During the Case
If there are urgent concerns about custody, child support, spousal support, or use of property while the case is pending, either spouse can ask the court for temporary orders. These are separate from the standing order and tailored to your circumstances. They stay in effect until the final decree is signed and can cover anything from who stays in the family home to how bills get paid. Getting temporary orders requires a hearing where both sides can present their position.
Finalizing at the Prove-Up Hearing
After the 60-day wait ends and every issue is either agreed or decided by the court, you finalize at a short hearing called a prove-up. An uncontested prove-up usually takes 15 to 20 minutes. You appear before the judge and testify to basic facts: that you meet the residency requirements, that the marriage has become insupportable, and that the proposed property division is fair.10Texas State Law Library. Finalizing the Divorce
Two things catch filers off guard. A divorce cannot be finalized while the wife is pregnant. And if a wife had children with someone other than her husband during the marriage, paternity of those children must be legally established before the court will sign the final decree.
The judge reviews and signs the Final Decree of Divorce at the hearing. You then take the original signed decree to the District Clerk’s office to be file-marked.11Williamson County. Family A Vital Statistics Form has to be completed and filed with the final order. If child support is part of the decree, you’ll also give the District Clerk information to set up a child support account.
If Your Spouse Is Active-Duty Military
The federal Servicemembers Civil Relief Act lets an active-duty service member request a stay of divorce proceedings of at least 90 days when military duties prevent them from appearing. The service member submits a letter explaining how current duties prevent appearance, along with a letter from a commanding officer confirming that military leave is not available.12Office of the Law Revision Counsel. 50 USC 3932 – Stay of Proceedings When Servicemember Has Notice The stay can be renewed, and if the court denies renewal it must appoint an attorney to represent the service member. Courts also cannot enter a default judgment against a service member without following specific procedural safeguards. These protections are not automatic. The service member or their attorney has to request them.