Texas · Divorce laws · Updated Oct 2026

Texas divorce laws

Who can file for divorce in Texas, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.

6 months (with exceptions)residency to file
60 days after filingwaiting period
Insupportabilityno-fault ground
Community propertyproperty
Check with your courtfiling fee

Where and how to file in Texas

Who can file (residency)
You or your spouse must have lived (been domiciled) in Texas for the 6 months before filing and in the county where you file for the 90 days before filing. If your spouse has lived in Texas 6 months, you can file in their county even if you live in another state.
Waiting period
The court can't grant the divorce until the 60th day after you file. No wait is required if your spouse was convicted of (or got deferred adjudication for) family violence against you or your household, or you have an active protective order or emergency magistrate's order because of family violence.
Court
District Court (or a county court at law with family jurisdiction) in the county where you or your spouse has lived 90 days
Official forms
Divorce forms (Texas courts)
Court self-help
Divorce self-help (Texas courts)
Filing fee
Check with your court
If you can't afford the fee
Statement of Inability to Afford Payment of Court Costs (Supreme Court of Texas form, Tex. R. Civ. P. 145): https://www.txcourts.gov/media/1456942/statement-of-inability-to-afford-payment-of-court-costs-or-an-appeal-bond-bilingual.pdf
Simpler process for agreed cases
Supreme Court of Texas-approved uncontested divorce forms: Divorce Set 1 (no minor children, no real property, no spousal maintenance, full agreement); separate sets cover cases with children. Your spouse can sign a Waiver of Service.
E-filing
Yes. Self-represented litigants can e-file through eFileTexas (efiletexas.gov).
Law
Tex. Fam. Code 6.301, 6.302 · Tex. Fam. Code 6.702

Divorce in Texas, step by step

  1. Check that you can file in Texas

    You or your spouse must have lived (been domiciled) in Texas for the 6 months before filing and in the county where you file for the 90 days before filing.

  2. Get the official forms

    Use the court's official divorce forms: Divorce forms (Texas courts) Supreme Court of Texas-approved uncontested divorce forms: Divorce Set 1 (no minor children, no real property, no spousal maintenance, full agreement); separate sets cover cases with children.

  3. File the papers and pay the fee, or ask for a waiver

    File with the District Court (or a county court at law with family jurisdiction) in the county where you or your spouse has lived 90 days. Can't afford it? Statement of Inability to Afford Payment of Court Costs (Supreme Court of Texas form, Tex. R. Civ. P. 145): https://www.txcourts.gov/media/1456942/statement-of-inability-to-afford-payment-of-court-costs-or-an-appeal-bond-bilingual.pdf.

  4. Serve your spouse

    Your spouse can sign a Waiver of Service (must be signed after the petition is filed).

  5. Your spouse responds

    By 10:00 a.m. on the Monday after 20 days have passed since service (Tex. R. Civ. P. 99(b)) The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

  6. Wait out the waiting period

    The court can't grant the divorce until the 60th day after you file.

  7. Agree, or go to mediation or a hearing

    Not required by statute statewide; many Texas courts order mediation before a contested trial by local rule or order. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

  8. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. If you specifically ask, the court must change your name back to a name you used before, unless it states a reason in the decree; it can't refuse just to keep family last names the same.

Free tools for Texas

Pre-set for Texas. They run in your browser and send nothing.

Divorce timeline estimator for Texas

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Leave empty if your spouse hasn't been served yet.

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An estimate from the waiting-period rule in our data, not legal advice. We compute a date only when the rule is one simple number of days or months counted from filing or from service; court schedules often add time.

Grounds for divorce in Texas

No-fault ground
insupportability
Fault grounds
Also allowed
Law
Tex. Fam. Code 6.001-6.007 (insupportability, cruelty, adultery, felony conviction, abandonment, living apart 3 years, confinement in a mental hospital)

Property and debts in Texas

System
Community property
The rule
Community property (generally what either spouse got during the marriage) is divided in a way the court finds 'just and right' — not necessarily 50/50. Separate property (owned before marriage, gifts, inheritances) is kept by its owner.
Law
Tex. Fam. Code 7.001, 3.001-3.003

Alimony (spousal support) in Texas

Court-ordered 'spousal maintenance' is limited. You must lack enough property to meet minimum reasonable needs and either: your spouse committed family violence (within 2 years before or during the case); or you can't earn enough because of a disability, caring for a disabled child, or (if married 10+ years) lack of earning ability. Amount: no more than $5,000 a month or 20% of the payer's average monthly gross income, whichever is less. Length: up to 5 years (married under 10 years with family violence, or 10-20 years), 7 years (20-30 years), 10 years (30+ years), with exceptions for disability. Tex. Fam. Code 8.051, 8.054, 8.055.

Children: custody and support in Texas

What Texas calls custody
conservatorship (joint managing conservators; possession and access)
Child support calculator
Official child support calculator or guidelines
Child support agency
Office of the Attorney General of Texas, Child Support Division

Serving your spouse in Texas

How your spouse gets the papers
Your spouse can sign a Waiver of Service (must be signed after the petition is filed). Otherwise a sheriff, constable or certified process server serves the citation and petition; publication is possible if you can't find your spouse.
Time to respond
By 10:00 a.m. on the Monday after 20 days have passed since service (Tex. R. Civ. P. 99(b))
Law
Supreme Court of Texas Divorce Set 1 instructions; Tex. R. Civ. P. 99, 106

Going back to a former name in Texas

Yes. If you specifically ask, the court must change your name back to a name you used before, unless it states a reason in the decree; it can't refuse just to keep family last names the same. Tex. Fam. Code 6.706, 45.105.

Mediation in Texas

Not required by statute statewide; many Texas courts order mediation before a contested trial by local rule or order. Texas law lets courts refer divorces to mediation (Tex. Fam. Code 6.602).

If you are in danger

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.

Protective orders in Texas: Texas protective order forms (Supreme Court of Texas): https://www.txcourts.gov/forms/standardized-protective-order-forms/

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Free help in Texas

Good to know in Texas

  • Texas caps spousal maintenance at $5,000/month or 20% of gross income, whichever is less. (Tex. Fam. Code 8.055)
  • The 60-day wait is waived in family violence cases with a conviction or protective order. (Tex. Fam. Code 6.702(c))
  • Community property is divided 'just and right,' which can be unequal. (Tex. Fam. Code 7.001)

Changes in 2024–2026

H.B. 2524 (2025, effective Sept. 1, 2025) amended the divorce rules on attorney's fees, court costs and expenses (Tex. Fam. Code 6.708), temporary orders (6.502, 6.709) and spousal maintenance (8.0591 overpayment; new 8.063 fees in maintenance enforcement/modification). The core rules on residency, the 60-day wait and grounds did not change.

Divorce checklist for Texas

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About your situation

Questions about divorce in Texas

How long do you have to live in Texas to file for divorce?

You or your spouse must have lived (been domiciled) in Texas for the 6 months before filing and in the county where you file for the 90 days before filing. If your spouse has lived in Texas 6 months, you can file in their county even if you live in another state.

How long does a divorce take in Texas?

The court can't grant the divorce until the 60th day after you file. No wait is required if your spouse was convicted of (or got deferred adjudication for) family violence against you or your household, or you have an active protective order or emergency magistrate's order because of family violence.

What are the grounds for divorce in Texas?

Texas's no-fault ground is insupportability. Fault grounds are also allowed.

Is Texas a community property state?

Yes. Community property (generally what either spouse got during the marriage) is divided in a way the court finds 'just and right' — not necessarily 50/50. Separate property (owned before marriage, gifts, inheritances) is kept by its owner.

Can I get the divorce filing fee waived in Texas?

Statement of Inability to Afford Payment of Court Costs (Supreme Court of Texas form, Tex. R. Civ. P. 145): https://www.txcourts.gov/media/1456942/statement-of-inability-to-afford-payment-of-court-costs-or-an-appeal-bond-bilingual.pdf

Is there a simpler divorce process in Texas?

Supreme Court of Texas-approved uncontested divorce forms: Divorce Set 1 (no minor children, no real property, no spousal maintenance, full agreement); separate sets cover cases with children. Your spouse can sign a Waiver of Service.

How long does my spouse have to respond in Texas?

By 10:00 a.m. on the Monday after 20 days have passed since service (Tex. R. Civ. P. 99(b))

Can I change my name back in a divorce in Texas?

Yes. If you specifically ask, the court must change your name back to a name you used before, unless it states a reason in the decree; it can't refuse just to keep family last names the same. Tex. Fam. Code 6.706, 45.105.

Is mediation required in a divorce in Texas?

Not required by statute statewide; many Texas courts order mediation before a contested trial by local rule or order. Texas law lets courts refer divorces to mediation (Tex. Fam. Code 6.602).

How does alimony work in Texas?

Court-ordered 'spousal maintenance' is limited. You must lack enough property to meet minimum reasonable needs and either: your spouse committed family violence (within 2 years before or during the case); or you can't earn enough because of a disability, caring for a disabled child, or (if married 10+ years) lack of earning ability. Amount: no more than $5,000 a month or 20% of the payer's average monthly gross income, whichever is less. Length: up to 5 years (married under 10 years with family violence, or 10-20 years), 7 years (20-30 years), 10 years (30+ years), with exceptions for disability. Tex. Fam. Code 8.051, 8.054, 8.055.

Other states