How to File for Divorce in Texas
Step-by-step guide — residency requirements, filing the petition, serving your spouse, the 60-day waiting period, and finalizing your decree. Plus how 2500Divorce.com handles every step for you.
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Texas Divorce Residency Requirements
Before you can file for divorce in Texas, at least one spouse must meet both residency requirements:
| Requirement | Duration | Who Must Meet It |
|---|---|---|
| Texas state residency | 6 months | At least one spouse |
| County residency | 90 days | At least one spouse, in the county of filing |
If you recently moved to Texas or to a new county, you may need to wait before filing. If spouses live in different counties, the divorce can typically be filed in either spouse's county of residence. Our attorneys confirm your correct filing venue during your free consultation.
Step-by-Step: How to File for Divorce in Texas
Decide: Uncontested or Contested
The most important decision is whether your divorce will be uncontested (both spouses agree on all terms) or contested (disputes exist on any issue). Uncontested divorces are faster, less expensive, and less stressful. If you and your spouse agree on property, debt, custody, and support — you likely qualify for 2500Divorce.com's flat-fee service.
Verify Residency & Choose the Filing County
Confirm that at least one spouse has met the 6-month Texas residency and 90-day county residency requirements. The correct filing county is typically where either spouse has lived for at least 90 days. For cities that straddle county lines — like Katy (Harris/Fort Bend) or The Woodlands (Montgomery/Harris) — venue determination matters. Our attorneys handle this automatically.
Serving: Harris County · Montgomery County · Fort Bend County · The Woodlands · Conroe · Austin County and more
File the Original Petition for Divorce
The divorce officially begins when the Original Petition for Divorce is filed with the district court clerk in the correct county. The petition states the ground for divorce (most commonly insupportability — Texas's no-fault ground), identifies the parties, and outlines what relief is being requested. Court filing fees are $250–$350 depending on the county.
At 2500Divorce.com, our attorneys prepare and file the petition on your behalf. The moment it is filed, the mandatory 60-day waiting period begins.
Serve Your Spouse (or Obtain a Waiver)
Your spouse must be legally notified of the divorce filing — this is called service of process. In uncontested divorces where both parties are cooperating, the non-filing spouse typically signs a Waiver of Service — agreeing they've received notice and waiving formal service. This is the most efficient path and is included in our process. If your spouse is uncooperative, formal service by a process server or sheriff is required.
The 60-Day Waiting Period
Texas Family Code §6.702 requires a mandatory 60-day waiting period from the date the petition is filed before a divorce can be finalized. There are very limited exceptions for family violence situations. During this time, 2500Divorce.com prepares all remaining divorce documents based on your agreed terms — property division, parenting plan, support, and any required QDROs.
Most 2500Divorce.com cases are finalized on Day 61 or shortly after.
Draft, Review & Sign All Divorce Documents
For an uncontested divorce, the key documents are the Final Decree of Divorce (the master document governing all terms), any parenting plan or Standard Possession Order, child support orders, and QDRO documents for retirement accounts. Both spouses review and sign each document. Our attorneys draft everything — you review and confirm the terms are correct before signing.
Divorces involving retirement accounts require additional QDRO documentation. See our QDRO guide →
Court Finalization — Final Decree Signed
After the 60-day waiting period, the completed paperwork is presented to the judge. In most uncontested cases, this involves a brief prove-up hearing (often just a few minutes) or paperwork submission depending on the county. The judge reviews the decree, confirms it complies with Texas law, and signs it. You are officially divorced. Certified copies of the final decree are then available from the district clerk.
Uncontested vs. Contested — Which Path Is Yours?
Texas law is the same for both types of divorce — the 7-step process above applies to both. The difference is what happens between Steps 1 and 7:
Uncontested — 2500Divorce.com
Both spouses agree on all terms. Our attorneys handle Steps 3–7 entirely — filing, service coordination, document drafting, and court finalization. Most cases complete in 61 days. Flat fee from $2,500. See if you qualify →
Contested — Fritz & Phillips, P.C.
Spouses disagree on one or more issues. Requires negotiation, mediation, or court hearings to resolve. Fritz & Phillips, P.C. handles all levels of contested divorce, custody disputes, complex property litigation, and modification proceedings. Call (713) 930-2500.
Texas Divorce by County — Where to File
The filing county determines which district court handles your case and what local court rules apply. 2500Divorce.com serves all of these counties and files in the correct court for your address:
Special Situations
Divorce with Children
When minor children are involved, the divorce decree must include conservatorship (custody) provisions, a possession and access schedule (visitation), and child support. Texas courts use the best interest of the child standard. In uncontested cases, parents agree on these terms — the Texas Standard Possession Order is the default. Our $3,500 with-children package covers all required provisions. Need to modify existing orders? →
Divorce with Real Property or Retirement Accounts
Texas is a community property state — property acquired during marriage must be divided. Real property requires specific deed language. Retirement accounts require a Qualified Domestic Relations Order (QDRO) prepared to the plan's specifications. Our $4,500 package handles up to two properties and two QDROs. See our full QDRO guide →
Divorce Over 50
Late-life divorces often involve more complex asset division — retirement accounts accumulated over decades, Social Security considerations, and real property. See our guide to divorce over 50 in Texas →
Spousal Maintenance (Alimony)
Texas spousal maintenance is limited and not automatic — eligibility requirements must be met. In uncontested cases where both parties agree on maintenance terms, those terms can be incorporated into the final decree. See our Texas spousal maintenance guide →
Ready to Start Your Texas Divorce?
Free consultation. Flat-fee pricing from $2,500. Most uncontested cases finalized in 61 days. Financing available.
Contact an Attorney Or call (713) 930-2500 · info@2500divorce.com