The Tarrant County divorce filing fee is $350 when no minor children are involved and $401 when the case includes children, effective January 1, 2026. That covers the base court filing only. Once you add service of process, e-filing surcharges, and any motions filed after the petition, the real out-of-pocket cost before attorney fees often clears $500.
Why Cases With Children Cost More
The $51 difference between the two tiers isn’t arbitrary. Divorces involving children pick up two extra charges: a Family Protection Fee and an initial child support service fee collected by the Domestic Relations Office.1Tarrant County District Clerk. Family Cases Filing and Service Fees2State of Texas. Texas Local Government Code 133.151 – Consolidated Civil Fee3State of Texas. Texas Local Government Code 135.101 – Local Consolidated Filing Fee Those fund the infrastructure that handles custody, visitation, and child support enforcement throughout the case.
Serving Your Spouse
After the petition is filed, your spouse has to receive formal notice. The cheapest route is a waiver of service: if your spouse voluntarily signs one, you skip the formal delivery step and pay nothing beyond a small issuance fee.
If your spouse won’t cooperate or can’t be reached, a constable or sheriff has to deliver the citation in person. Tarrant County Constable service runs $98, which includes the $8 document issuance fee.1Tarrant County District Clerk. Family Cases Filing and Service Fees Any additional document you need served later, such as a temporary restraining order, carries its own issuance and service fees at the same rate.
E-Filing and Payment Surcharges
All Tarrant County filings go through eFileTexas.gov. The system is mandatory for attorneys and available to anyone representing themselves.4eFileTexas.gov. Official E-Filing System for Texas Paying by credit card adds a 2.89% processing fee on top of the court costs,5eFileTexas.gov. E-File FAQs which comes out to roughly $10 on a $350 filing. Some electronic filing service providers charge their own fees on top of that, so check your provider’s pricing before you submit. Paying by e-check can reduce or eliminate the surcharge.
Costs That Come Up After You File
The filing fee is just the opening payment. If your spouse files a counterclaim or cross-action, that costs $80. A motion to modify custody, child support, or temporary orders runs $95.1Tarrant County District Clerk. Family Cases Filing and Service Fees Contested cases where both sides are actively litigating can stack several of these charges before anyone reaches a final decree.
Mediation is another line to plan for. Tarrant County judges frequently send divorcing couples to mediation before setting a trial date, especially when children or significant property is involved. Private mediators in the area typically charge between $150 and $400 per hour, though some nonprofit programs offer reduced-fee options. If the case goes to trial, transcript preparation, subpoena fees, and expert witnesses add further expense.
Fee Waiver if You Can’t Afford to Pay
If you genuinely can’t afford the court costs, Texas lets you file a Statement of Inability to Afford Payment of Court Costs instead of paying. The form asks for details about your income, expenses, and assets. You’re more likely to qualify if you receive government benefits like SNAP or Medicaid, are represented by a legal aid attorney, or were screened for legal aid and found financially eligible.6Texas Judicial Branch. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond
Filing the statement doesn’t guarantee a waiver. The clerk or the opposing party can challenge it with sworn evidence that your statement was materially false or that your finances have changed. If challenged, you’ll get at least 10 days’ notice before a hearing where you have to prove you still can’t afford to pay. A judge who orders you to pay anyway must issue detailed written findings explaining why. Providing false information on the statement can lead to sanctions or dismissal of your case.
A Realistic Budget
Court-related costs for a Tarrant County divorce, before any attorney fees:
- Filing fee: $350 (no children) or $401 (with children)
- Constable service: $98 if formal service is needed
- Credit card processing: roughly 2.89% of each payment
- Counterclaim, if your spouse files one: $80
- Modification motions: $95 each
- Parent education course, if ordered: $25 to $60
For a straightforward uncontested divorce with no children where your spouse signs a waiver of service, the minimum court cost lands around $360 after the credit card fee. A contested case with children, counterclaims, and constable service can easily reach $700 or more in court fees before the first hearing.