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How to file for divorce in Texas - the right way

Walter Jackowiec, Illinois managing attorney | Marble Law

By Julie Gray, Texas Managing Attorney.

September 8, 2025 · 5 min read

You're here because you need clear answers about filing for divorce in Texas. We get it — this is overwhelming. That's why over 75,000 clients have trusted us to guide them through the process. Here is what you need to know:

Can You File? Texas Requirements

Residency: You OR your spouse must have lived in Texas for 6 months. County: 90 days in the county where you're filing
Separation: NOT required (Texas doesn't recognize legal separation). Waiting Period: 60 days minimum after filing before divorce can be finalized

The 7 Steps to File for Divorce in Texas

Step 1 - Choose Your Grounds

Texas allows both no-fault and fault-based divorce. Most people choose no-fault, because no-fault divorces tend to move more quickly and don't require a party to prove the divorce is anyone's fault.

Step 2 - File Your Petition

File the original petition for divorce with your county district clerk and pay the filing fee. Fees are typically between $250-$350, but vary by county. The petition outlines details about your marriage, children, and requests for property division. Getting it right the first time matters — the attorneys who work with Marble have filed thousands and know what Texas judges expect.

Step 3 - Serve Your Spouse

Your spouse must be officially notified that you have filed for divorce with the court. This can be done through a process server, sheriff, or with a waiver of service. If the opposing party fails to respond in time, you may be awarded a default judgment, which means your requests to the court could be approved without the need for an agreement or a trial.

Step 4 - Handle Temporary Orders (If Needed)

You may request the court enter temporary orders (a temporary decision about your situation) while the divorce proceedings are pending. These orders can address living arrangements, financial support, and visitation if there are children involved.

Step 5 - Complete Discovery

Exchange sworn inventories of all assets and debts. Texas is a community property state — everything acquired during marriage is typically split 50/50, including:

The house (awarded to one spouse or sold)
Retirement accounts (401k, IRA)
Business interests
Even pets (considered property in Texas)
All debts
Separate

Step 6 - Negotiate Through Mediation

Most Texas courts require mediation before trial. The majority of cases settle here, sparing you the additional expense of trial. Mediation typically takes one day, and costs are split between the parties.

Step 7 - Finalize with Court Decree

Uncontested: A 60-day waiting period after filing for the divorce, followed by a short hearing to prove-up the agreed decree and have it approved by the court. Contested: It can take a case between 6-12 months to get to trial, or even longer in some instances.

A divorce is considered complete when the Judge signs the final decree awarding the parties whatever property, support, and conservatorship (a.k.a. custody) the court deems right.

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Critical Texas-specific rules

Spousal Maintenance

Texas doesn't have "alimony" but may award spousal maintenance upon proof of qualifying factors.

Conservatorship

Joint Managing Conservators: Both parents share decisions
Sole Managing Conservator: One parent retains decision-making authority
Children who are 12 and older may express their wishes to the judge, but the court will exercise full discretion when determining what is in the best interests of a child.

Timeline

How long a divorce takes to be complete is dependent on a number of factors, including how agreeable the parties are with one another. Most divorces can be resolved between 4-12 months, but some will take longer.

Cost Factors

In addition to attorney’s fees, mediation costs, filing fees, and other potential expenses contribute to the total cost of getting divorced. The more complex a case, the longer and more expensive it’s likely to be.

Why the right legal support changes everything

DIY Reality

Knowing what to file and when is critical. Missing a deadline can have a serious impact on your case.

Hourly fee model

Traditional law firms collect a retainer up front and bill you later for the time spent handling your case. These retainers are typically $5,000-$10,000 to start and will need to be replenished as your case progresses.