You can file for divorce online in Texas through the state’s electronic filing portal, eFileTexas, without ever handing paperwork to a clerk in person. E-filing is mandatory for attorneys in civil and family cases, and self-represented spouses can use the same system voluntarily.1eFileTexas.Gov. Official E-Filing System for Texas The process is straightforward when the divorce is uncontested and you have your documents ready, but there are a few gates to clear first: residency, the right petition form, the filing fee, and service on your spouse.
Confirm You Meet Texas Residency Requirements
A Texas court will not accept your petition unless one spouse has lived in Texas for at least six continuous months before filing, and that same person or the other spouse has lived in the filing county for at least 90 days.2State of Texas. Texas Family Code 6.301 – General Residency Rule for Divorce Suit The statute says “either the petitioner or the respondent,” which is often missed. If your spouse has been a Texas resident for six months and lives in a particular county, you can file there even if you recently moved out of state.
If neither of you meets both thresholds, the court has no jurisdiction and there is no workaround. You wait until one of you qualifies.
Gather Your Documents and Information
The core filing document is the Original Petition for Divorce. It identifies both spouses, states the ground for ending the marriage, and outlines what you want the court to order on property and children. TexasLawHelp publishes standardized, court-approved petition forms you can download and fill out, and there are different form sets depending on whether you have minor children.3TexasLawHelp. Original Petition for Divorce, Divorce Set B Pick the right set before you start filling anything in.
Almost every Texas petition uses the no-fault ground of “insupportability,” which just means the marriage has broken down with no reasonable chance of reconciliation. You do not need to prove wrongdoing, and the standard forms use this language by default. Fault grounds — cruelty, adultery, abandonment, felony conviction, three years’ living apart, or confinement to a mental hospital — exist, but they require proof and can affect property division or spousal support. For a self-filed divorce, insupportability is the normal choice.
You may see older references to a Civil Case Information Sheet. The Texas Supreme Court repealed the rule requiring it, so most courts no longer need one.4Texas Law Help. I Need a Divorce, We Have Children Under 18
Before you sit down with the petition, pull together:
- Full legal names and dates of birth for both spouses and any minor children of the marriage.
- The date and place of your marriage and the date of separation.
- A list of community property, each spouse’s separate property, and outstanding debts with account numbers and approximate balances.
If you own real estate, you will eventually need the full legal description from the deed itself — lot, block, subdivision, or metes and bounds. A street address is not enough to transfer title, and the version on a tax bill or appraisal website is often incomplete or inaccurate.5Travis County Law Library. Divorce and Real Property You can get a copy of the deed from the county clerk where the property sits. For vehicles, have the VIN, make, model, and year.
File Through the eFileTexas Portal
Filing online means submitting through eFileTexas, and the first step is choosing an electronic filing service provider. Providers are the platforms that connect you to the state system, and you must select one before you can submit anything.6eFileTexas.Gov. Electronic Filing Service Providers For self-represented filers, eFileTexas itself works as both the filing manager and a provider, so a third-party platform is not required.
Create your user account, then select the county and court that match the residency requirements you confirmed above. Your petition and supporting documents must be uploaded as PDFs.7Texas Law Help. How to E-File Upload the Original Petition for Divorce as the lead document, then attach any other paperwork.
The system will prompt you to pay the filing fee. Once payment processes, you get a timestamp confirming submission, and the county clerk reviews the filing for formal acceptance. If the clerk spots a formatting problem or missing information, you will receive an electronic notice telling you what to fix and resubmit.
Filing Fees and Fee Waivers
Filing fees vary by county and by whether the divorce involves children. Harris County charges $350 without children and $365 with children. Bexar and Tarrant Counties charge $350 without children and $401 with children.8Bexar County, TX – Official Website. Fee Schedule Across most Texas counties the initial filing runs somewhere between $300 and $400. Some electronic filing service providers add a small convenience fee on top.
If the fee is out of reach, Texas Rule of Civil Procedure 145 lets you file a Statement of Inability to Afford Payment of Court Costs.9Supreme Court of Texas. Court Issues Final Amendments to Rule 145 and Related Rules With Forms You sign it under oath, and if you receive public benefits such as Medicaid or SNAP, you attach proof. The other side can challenge the claim, and the court will hold a hearing on 10 days’ notice, but if no one objects the fee is waived. You can file the statement through eFileTexas alongside your petition.
Serve Your Spouse
Filing is only half the job. You also have to formally notify your spouse, which the courts call service of process. The route depends on whether the divorce is cooperative.
When Your Spouse Cooperates
In an uncontested divorce, the easiest option is having your spouse sign a Waiver of Service. The waiver confirms they received the petition, read it, and voluntarily give up the right to be served by a constable or process server.10TexasLawHelp. Waiver of Service Only, Specific Waiver It has to be signed in front of a notary, and your spouse cannot sign it until at least one day after you file the petition.11Texas Judicial Branch. Instructions for Uncontested Divorce Without Children by Affidavit A waiver signed too early is invalid and has to be redone.
When Your Spouse Will Not Cooperate or Cannot Be Found
If personal service and certified mail both fail, you can ask the court for permission to use substituted service, which in Texas now includes email and social media. If you genuinely cannot locate your spouse after a thorough search of friends, family, former employers, social media, voter registries, and property records, you can petition for service by posting a notice at the courthouse or by publication in a qualifying newspaper. One important limit: if you have minor children, you cannot use service by posting and must use publication instead.12Texas State Law Library. Serving Divorce Papers Service by publication also requires you to hire an attorney to conduct the search.
Watch for Standing Orders
In many Texas counties, a set of automatic restrictions called standing orders takes effect the moment you file. They usually cover three areas: children, the parties’ behavior, and property.13Texas Law Help. Standing Orders Common prohibitions include hiding or destroying community property, canceling health insurance, removing children from the state, and making large withdrawals from joint accounts.
Not every county has them, and the specifics vary. Check with the district clerk in the county you are filing in before you submit so you know what applies. Violating a standing order can result in contempt of court, which carries fines or jail time, and it tends to sour the judge on you before the case ever reaches a hearing.
Wait Out the 60-Day Period
Texas imposes a 60-day cooling-off period after filing. No judge can sign a final decree until at least 60 days have passed from the filing date.14State of Texas. Texas Family Code 6.702 – Waiting Period The clock starts when the clerk accepts the petition, not when your spouse is served.
There is one exception. If you have an active protective order or magistrate’s order for emergency protection against your spouse based on family violence during the marriage, or your spouse has been convicted of or received deferred adjudication for a family violence offense against you or a household member, the court can waive the waiting period entirely.14State of Texas. Texas Family Code 6.702 – Waiting Period
For everyone else, the 60 days are non-negotiable. Use them to finalize your property agreement, work out parenting arrangements if you have children, and draft the Final Decree of Divorce so you are ready the moment the waiting period ends.
Finalize the Divorce
Once the 60 days have run and your spouse has been served or has signed a waiver, you can move to finalize. You will prepare a Final Decree of Divorce that spells out every agreement on property, debts, and, if applicable, conservatorship, possession, and child support. The decree is the enforceable court order, so everything has to be in it. A side agreement that does not appear in the decree is essentially unenforceable.
For an uncontested divorce, finalizing usually involves a brief prove-up hearing where the judge asks a few questions to confirm you meet residency requirements, the marriage has become insupportable, and the decree is fair. If children are involved, the judge will also verify the arrangements serve their best interest. Some Texas courts adopted prove-up affidavits during the pandemic that allow certain uncontested divorces to be finalized without an in-person hearing, though availability depends on your county and judge.
When the judge signs the decree and the clerk files it, the marriage is officially over. Order several certified copies from the clerk before you leave the system, because you will need them to update identification, retitle property, and adjust financial accounts.