Filing for divorce in Texas starts with an Original Petition for Divorce submitted to the district clerk in the county where you or your spouse has lived for at least 90 days, along with a Civil Case Information Sheet and any child-related forms your household requires. The full Texas divorce paperwork set depends on whether you have minor children, how your spouse will be notified, and what the final decree needs to divide. Every case then sits through a 60-day waiting period before a judge can sign the Final Decree.
Confirm Residency Before You File
Texas law requires that either you or your spouse have lived in the state for at least six continuous months before filing. The petitioner must also have been a resident of the specific county where the case is filed for at least the preceding 90 days.1State of Texas. Texas Code Family Code 6.301 – General Residency Rule for Divorce Suit
If you recently moved, you may need to wait or file in the county you moved from. Military families stationed in Texas can generally file here even if they claim legal residency in another state.
The Original Petition and What Goes With It
The Original Petition for Divorce is the document that formally asks the court to end your marriage. It lists both spouses’ full legal names, the date and place of marriage, and whether you have minor children, and it states what you want the court to do with property, debts, and custody. Different versions exist depending on whether children are involved, so pick the form that matches your household.
You can find the petition through TexasLawHelp.org, which hosts the Texas Supreme Court-approved forms, or directly from your local district clerk’s office. With the petition you must submit a Civil Case Information Sheet, which the court uses for administrative tracking.2Texas Judicial Branch. Civil Case Information Sheet Errors in names, dates, or children’s information can stall your case for weeks, so double-check every field before you submit.
Every divorce also requires an Information on Suit Affecting the Family Relationship form, which the clerk forwards to the state’s vital statistics office.3Texas Department of State Health Services. Reporting Court Cases Affecting the Parent-Child Relationship
Choosing Grounds on the Petition
The petition must state a legal ground for divorce. The overwhelming majority of Texas cases are filed under “insupportability,” the state’s no-fault ground. It means the marriage has broken down with no realistic chance of reconciliation, and neither spouse needs to prove wrongdoing.4State of Texas. Texas Code Family Code 6.001 – Insupportability
Texas also recognizes fault-based grounds: adultery,5State of Texas. Texas Code Family Code 6.003 – Adultery cruelty, abandonment for at least one year, a felony conviction with imprisonment for at least one year, living apart for three or more years, and confinement in a psychiatric facility. Fault cases can influence property division but require evidence and cost more to litigate.
Getting the Papers to Your Spouse
After filing, your spouse must receive formal notice of the case. Texas requires that a constable, sheriff, or court-authorized process server attempt to deliver the papers in person or by certified mail.6Texas State Law Library. Serving Divorce Papers You cannot hand the papers to your spouse yourself.
If personal service and certified mail both fail, you can ask the court for substituted service by email or social media. When your spouse genuinely cannot be located after a diligent search, the court may allow service by posting a notice at the courthouse or publishing it in a newspaper. Service by posting is not available in divorces involving minor children; in those cases you must serve by publication, which typically requires an attorney ad litem to search for the missing spouse.
If your spouse is cooperating, they can skip formal service by signing a Waiver of Service before a notary.7TexasLawHelp.org. Waiver of Service Only (Specific Waiver) – Divorce The waiver must be signed at least one day after the petition is filed. Sign it too early and you will have to redo it. A waiver does not mean the respondent agrees to every term in the petition; it simply skips the formal service step.
The receiving spouse can also file a Respondent’s Original Answer with the court, which is a short document putting the court on notice that they plan to participate. Missing the deadline to answer can result in the court granting whatever the petitioner requested.
Extra Paperwork When You Have Children
When minor children are involved, the filing expands. The core addition is a Suit Affecting the Parent-Child Relationship (SAPCR), which asks the court to make orders about custody, visitation, and support. The petition must specify your preferences for conservatorship, which covers who makes major decisions about the child’s education, medical care, and residence.
You also propose a possession schedule, Texas’s term for visitation. If parents cannot agree, the court defaults to the Standard Possession Order.8TexasLawHelp.org. Child Visitation and Possession Orders
If either parent or any other party lives outside Texas, you also file an Exhibit: Out-of-State Party Declaration, which gives the court the jurisdictional facts it needs to enter orders affecting an out-of-state resident.9TexasLawHelp.org. Exhibit: Out-of-State Party Declaration
Filing, Fees, and Fee Waivers
You can submit paperwork through eFileTexas.gov, the state’s electronic filing system. E-filing is mandatory for attorneys and increasingly common for self-represented filers.10eFileTexas.Gov. Official E-Filing System for Texas You can also file in person at the district clerk’s office.
Filing fees in Texas typically run $300 to $400, with child cases costing more than those without.11Bexar County, TX – Official Website. Fee Schedule If you cannot afford the fees, submit a Statement of Inability to Afford Payment of Court Costs asking the court to waive them.
Either spouse can also ask for a temporary restraining order once the case is filed, and the court can issue one without notifying the other side first. Typical prohibitions cover hiding or destroying assets, canceling insurance, taking on major debt, and harassing the other spouse.12State of Texas. Texas Code Family Code 6.501 – Temporary Restraining Order Many Texas counties also apply automatic “standing orders” the moment a case is filed, freezing the financial situation without any separate request. Not every county uses them, so check with the district clerk.
The 60-Day Wait and the Prove-Up Hearing
Texas imposes a mandatory 60-day cooling-off period after filing before a judge can grant the divorce.13State of Texas. Texas Code FAM 6.702 – Waiting Period Two exceptions apply: the wait is not required if the respondent has been convicted of or received deferred adjudication for family violence against the petitioner, or if the petitioner has an active protective order against the respondent for family violence during the marriage.
Once 60 days have passed and the paperwork is in order, the petitioner schedules a prove-up hearing. You bring the completed Final Decree of Divorce, answer standard questions under oath confirming your identity, residency, and agreement with the decree, and the judge reviews the document. If everything checks out and the decree serves the best interests of any children, the judge signs it.
What the Final Decree Needs to Cover
Texas is a community property state. Nearly everything acquired during the marriage belongs to both spouses, and the court divides the marital estate in whatever way it considers “just and right.”14State of Texas. Texas Code Family Code 7.001 – General Rule of Property Division “Just and right” does not always mean 50/50; a spouse who committed adultery or wasted marital funds may receive a smaller share.
The decree needs to name every significant asset and debt: the house, vehicles, bank accounts, credit cards, student loans, and retirement accounts. Vague language creates enforcement problems later. If either spouse has a 401(k), pension, or other employer retirement plan, dividing that account requires a separate Qualified Domestic Relations Order (QDRO) submitted to the plan administrator. Without a QDRO, the plan has no obligation to distribute funds to the non-employee spouse, regardless of what the decree says.
Child support, medical and dental coverage for the children, and any spousal maintenance also belong in the decree with specific amounts, frequencies, and end dates. Base child support in Texas follows a percentage of the paying parent’s monthly net resources set by statute.15State of Texas. Texas Code Family Code 154.125 – Application of Guidelines to Net Resources Spousal maintenance has strict eligibility requirements and statutory caps on amount and duration.16State of Texas. Texas Code Family Code 8.051 – Eligibility for Maintenance
Name Change in the Decree
If you want to return to a former name, ask for it in the Final Decree. Texas judges routinely grant the request, and the signed decree becomes your legal proof of the change.
To update your Social Security card, submit Form SS-5 to the Social Security Administration with your certified divorce decree and a current photo ID. Only originals or certified copies are accepted.17Social Security Administration. Application for a Social Security Card Update Social Security first, since the DMV, banks, and employers will want to see the new card. For your passport, Form DS-5504 handles name changes on passports issued less than a year ago at no charge; older passports require Form DS-82 or DS-11 with standard fees.
When the Paperwork Path Changes
If either spouse is on active military duty, the federal Servicemembers Civil Relief Act adds steps. Before the court can enter a default judgment, the petitioner must file an affidavit stating whether the respondent is in the military, and if so, the court must appoint an attorney for the absent service member.18Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments Active-duty members can also request a stay of at least 90 days with a written statement and a letter from their commanding officer.
If either spouse files for bankruptcy during the divorce, the automatic stay can pause the property portion of the case. Child support, spousal maintenance, and custody can continue, but dividing the house or retirement accounts may wait until the bankruptcy court grants relief. Domestic support obligations and property division obligations from a divorce decree are generally nondischargeable in bankruptcy.19Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge