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Written By:

Elizabeth Stewart

Co-CEO, Divorce.com

I Want a Divorce in Texas. Here's What to Do Next.

Q: How long does a divorce take in Texas?

An **uncontested** divorce in Texas typically takes **60 days minimum, typically 2–6 months for uncontested**. A **contested** divorce can take 1–3 years, depending on the court's docket and the complexity of the disputes between the spouses. The single biggest factor in your timeline is whether you and your spouse can agree on the major issues — agreement compresses the process to its statutory minimum, while disagreement stretches it out.

Q: Is Texas a 50/50 state for divorce?

Texas is a **community property** state. That means marital assets — anything acquired during the marriage — are generally presumed to be owned 50/50 and divided equally at divorce. Separate property (assets you owned before marriage, or received as a gift or inheritance during it) is generally protected. The court can still consider individual circumstances, but the starting point is an equal split.

Q: Do I need a lawyer to get divorced in Texas?

Not necessarily. If your Texas divorce is **uncontested** — meaning you and your spouse agree on property division, custody, and any support — you can complete the process without an attorney by using an online divorce service that prepares your court-approved paperwork. You should consult a Texas family law attorney if your situation involves significant assets, a business or professional practice, a pension or retirement account requiring division, complex custody disputes, domestic violence or safety concerns, hidden assets, or a spouse who is contesting the divorce aggressively.

Q: What is the residency requirement for divorce in Texas?

Texas requires **6 months in state + 90 days in county** before you can file for divorce. You'll typically need to file in the county where you've established that residency. If you've recently moved to Texas, you may need to wait until you meet the residency requirement, or file in your previous state if you still qualify there.

Q: What is the filing fee for divorce in Texas?

Filing fees in Texas typically range from **$300–$400**, varying by county. If you can demonstrate financial hardship, you can apply for a fee waiver — most counties will reduce or waive the fee for qualifying applicants. Ask the court clerk for an application for waiver of court fees.

Q: How does Texas calculate child support?

Texas uses the **percentage of obligor net resources (with statutory cap)** model to calculate child support. The formula considers each parent's income, the parenting time split, health insurance and childcare costs, and the number of children. The result is largely standardized within the state — it's not something a lawyer can negotiate down significantly. Both parents share responsibility for supporting their children regardless of which parent has primary custody.

If you've decided you want a divorce in Texas, the hardest part isn't the paperwork. It's knowing what to do, in what order, and who you actually need help from.

Here's what most people don't realize: more than 90% of divorces in the U.S. are resolved without a trial, and most don't require each spouse to hire a lawyer. The image of divorce as a long, expensive courtroom battle is real — but it's the worst-case scenario, not how the typical American divorce actually unfolds.

In Texas specifically: you'll need 6 months in state + 90 days in county of residency to file. The state allows both no-fault grounds (insupportability) and certain fault grounds (such as adultery, cruelty, or abandonment, depending on state law), and divides marital property as a community property state. That means marital assets — anything acquired during the marriage — are generally presumed to be owned 50/50 by both spouses and divided equally at divorce. Separate property (anything you owned before the marriage, or received as a gift or inheritance during it) is generally protected. If you and your spouse can agree on the major issues — how to split property, what custody looks like if you have children, and whether either of you needs ongoing support — you can file an uncontested divorce and finalize in 60 days minimum, typically 2–6 months for uncontested, often without ever setting foot in a courtroom.

This guide walks you through your first 5 steps, the three paths a Texas divorce can take, and how to figure out which path fits your situation.

Texas Divorce at a Glance

Residency required: 6 months in state + 90 days in county
Waiting period: 60-day cooling-off after filing
Grounds: insupportability (no-fault) plus fault grounds available
Property division: community property
Court: District Court
Filing fee: $300–$400 (varies by county)
Typical uncontested timeline: 60 days minimum, typically 2–6 months for uncontested

RETAINER FEE  
PETITION    

COURT FILING FEE  SUMMONS  
AFFIDAVIT
  MOTIONS  
ARGUMENTS  
TEMPORARY ORDERS  HEARINGS  
SUBPOENAS
  DEPOSITIONS
  SETTLEMENT  CONFERENCES  JUDGEMENT

    TRIAL  
APPEALS

Your First 5 Steps When You Want a Divorce in Texas

These are the actions that actually move things forward — in the right order.

Step 1: Get clear on the outcome you want

Divorce isn't one decision; it's dozens. Before you take any legal step, spend time thinking about what you actually need on the other side of this: where you'll live, how you'll handle custody if you have children, what a fair division of assets looks like to you, and whether ongoing financial support is on the table.

You don't need every answer right now. You just need to have thought about them. Every conversation that follows — with your spouse, with an attorney, with a mediator, with your kids — gets more productive when you've spent time getting clear on your own priorities first.

Common mistake: trying to start the legal process before knowing what outcome you actually want. That leads to reactive decisions you regret.

Step 2: Understand your financial picture

Start gathering financial documents now, before the legal process begins. This includes:

Last 2–3 years of federal and state tax returns
Recent statements for every bank account, investment account, and retirement account (yours, your spouse's, and joint)
Mortgage balance, auto loan balances, credit card statements
Recent pay stubs for both spouses
Records of significant assets (property, vehicles, businesses) and significant debts
Any pre-nuptial or post-nuptial agreements

In an uncontested Texas divorce, having this organized speeds everything up. In a contested one, it becomes critical — and getting it later, once your spouse knows divorce is coming, can be much harder. Make copies and store them somewhere only you can access (a personal email, a friend's house, a safe deposit box).

Step 3: Tell your spouse

If your spouse doesn't know yet, this conversation needs to happen before any legal step. There's a right way and a wrong way to have it: pick a calm time, do it in person if safely possible, don't have it in front of children, and don't have it during an argument. See our guide to How to Ask for a Divorce for what to say.

There are situations where telling your spouse first isn't safe — if there's a history of abuse or threats, talk to a Texas family law attorney or a domestic-violence resource before taking any other step.

Step 4: Choose how you want to handle the process

There are three main paths through a Texas divorce: uncontested (you and your spouse agree on the major issues, file together, no courtroom), mediation (a neutral third party helps you reach agreement), and contested litigation (lawyers and a judge resolve disputes you can't). The path you pick drives cost, timeline, and emotional toll more than almost anything else. We cover each below.

Step 5: File (or have someone file for you)

Once you've chosen your path, the legal process officially begins when you file a Original Petition for Divorce with the District Court in your county. Depending on your path, you'll file it yourself, work with an online divorce service like Divorce.com that prepares and files the paperwork for you, or work through an attorney.

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The Three Ways to Get Divorced in Texas

Not every divorce looks the same. The right path depends on how aligned you and your spouse are, how complex your finances are, and whether children are involved. In order from most common to least common in the U.S.:

1. Uncontested / Online Divorce — the path most Texas divorces take

An uncontested divorce means both spouses agree on every major issue: how to divide property, whether either of you will pay or receive spousal support, and — if you have children — custody and child support arrangements.

When you agree, the process is dramatically simpler. You file a Original Petition for Divorce together (or one of you files and the other doesn't contest it), submit the required paperwork to the District Court, and the court enters a judgment that finalizes the divorce.

Best for: Couples who can communicate, have relatively straightforward assets, and are both ready to move on.
Cost: Typically $200–$1,500 all-in, including Texas filing fees of $250–$385.
Timeline: 60 days minimum, typically 2–6 months for uncontested.
Watch out for: Agreeing too quickly on terms you'll regret. "Uncontested" doesn't mean "rushed" — take the time to make sure the agreement is genuinely fair to both of you.

2. Mediation — the middle path

A trained, neutral mediator helps you and your spouse reach agreement on the issues you don't yet see eye-to-eye on. The mediator doesn't make decisions; they facilitate the conversation and help you find solutions both of you can live with. Once you've reached agreement, you file the resulting settlement with the District Court as an uncontested divorce.

Best for: Couples who disagree on some things — maybe how to split the house, or what a fair parenting schedule looks like — but are both acting in good faith and want to stay out of court.
Cost: Typically $1,500–$5,000 for the mediation, plus the $300–$400 filing fee. Some couples also have attorneys review the final agreement (add $500–$2,000 per spouse).
Timeline: 2–6 months from start to finalized agreement, then the standard uncontested filing timeline.
Watch out for: A "mediator" who isn't actually trained or credentialed. Look for someone certified through your state mediation council or a recognized program.

3. Contested Divorce (Litigation) — the courtroom path

When spouses can't agree on major issues and negotiate through attorneys (or in front of a judge), the divorce is contested. A judge ultimately decides property division, custody, and support if you and your spouse can't.

Best for: Situations involving serious disagreements that can't be resolved through negotiation — or cases involving domestic violence, hidden assets, substance abuse, or severe conflict over the children.
Cost: Routinely $15,000–$30,000+ per spouse in Texas, with complex cases running significantly higher. Attorney fees account for most of this.
Timeline: Typically 1–3 years, depending on the court's docket and how contentious the dispute becomes.
Watch out for: Letting the case escalate when you don't have to. Every hour your attorneys spend arguing is billable time. Even mid-litigation, switching to mediation can save tens of thousands of dollars.

The honest answer about cost: the biggest driver isn't the process; it's the level of disagreement. The more you and your spouse can resolve directly, the more you both save.

Divorce With Children in Texas

If you have children, your Texas divorce includes two additional legal questions on top of property division and (sometimes) spousal support: conservatorship and possession/access and child support.

Custody / Parental Responsibilities

Texas uses the term conservatorship and possession/access — what other states might call simply "custody." There are typically two dimensions:

Legal decision-making — the authority to make major decisions about a child's education, healthcare, and religious upbringing.
Physical custody / parenting time — where the child lives and on what schedule.

Most Texas divorces with children result in some form of shared arrangement, but the exact split — joint vs. primary — depends on what each parent can reasonably handle and what's in the children's interest.

When a court in Texas has to decide, the standard is the "best interests of the child." Factors typically include each parent's relationship with the child, the stability of each household, each parent's ability to meet the child's day-to-day needs, the child's school and community ties, and (for older children) the child's own preferences.

The most important thing to understand: the more you and your spouse can agree without involving a judge, the better the outcome tends to be for your children. Courts know this too — they actively encourage parents to settle custody between themselves whenever possible. Mediation works especially well here.

Child Support

Every state uses a formula for child support, and Texas is no exception. Texas calculates child support using the percentage of obligor net resources (with statutory cap) model.

The formula considers each parent's income (usually gross or net depending on the state), the time the child spends with each parent, health insurance and childcare costs, and the number of children. The result is largely standardized — meaning it's not something one parent's lawyer can negotiate down significantly, and trying to do so is rarely worth the cost.

Both parents are responsible for supporting their children regardless of how custody is divided. Even a parent with primary physical custody contributes — child support recognizes that the costs of raising children are shared.

For state-specific child support calculators and a deeper walkthrough, see Child Support by State. For the conversation about telling your kids, see How to Tell Your Kids You're Getting Divorced.

What If My Spouse Won't Agree?

You do not need your spouse's consent to get divorced in Texas. In every U.S. state, including this one, one spouse can file for divorce unilaterally. Your spouse's refusal to agree doesn't prevent the divorce from happening — it only affects the process and the timeline.

Here's what can happen:

If your spouse refuses to respond after being served. Texas requires that your spouse be formally served with the Original Petition for Divorce and given a chance to respond. If they ignore the papers entirely and don't file a response within the time the court allows, you may be able to obtain a default divorce — the court grants the divorce based on your filing alone, on the terms you proposed. This is one of the most common outcomes when one spouse genuinely doesn't engage.
If your spouse contests the divorce. They can file a response disagreeing with your proposed terms — about property, custody, or support. The case then proceeds as a contested matter. It takes longer and costs more, but the divorce will still happen. Texas courts cannot force two people to remain married when one of them has decided the marriage is over.
If you can't locate your spouse. Some states allow service by publication — publishing notice of the divorce in a newspaper after demonstrating that you've made reasonable efforts to find them. This is more complex procedurally and typically requires court approval. A Texas family law attorney can help if this applies to you.

What your spouse can affect:

The timeline (by contesting, delaying, or refusing to respond)
The terms (by disagreeing on property division, custody, or support)

What your spouse cannot affect:

Your right to get divorced. That belongs entirely to you.

If your spouse is resistant to the idea but you haven't filed yet, read How to Have the Divorce Conversation before taking any legal steps. A different approach to the conversation sometimes shifts a "no" into reluctant cooperation.

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What If I Can't Afford a Divorce in Texas?

Financial concern is one of the most common reasons people stay in marriages they want to leave. The good news: getting divorced in Texas doesn't have to cost what you might assume. A few real options worth knowing:

Uncontested online divorce is the lowest-cost legal path. If you and your spouse can reach agreement on the major issues, you can complete a Texas divorce for a few hundred dollars all-in, including the $300–$400 filing fee. Online services like Divorce.com prepare your court-approved paperwork based on a guided questionnaire — no attorney required.
Texas fee waivers. If you can demonstrate financial hardship (typically by showing your income is below a certain threshold, you receive public assistance, or you simply can't afford the fee without sacrificing necessities), Texas courts will generally waive or reduce the filing fee. Ask the court clerk in your county for an application for waiver of court fees — it's a short form, and decisions are usually made quickly.
Legal aid. Most states have civil legal aid organizations that provide free or reduced-cost representation to qualifying low-income individuals. The Texas state bar association can refer you to legal aid offices in your area. Eligibility is typically based on household income.
Courthouse self-help centers. Many Texas county courthouses operate self-help centers staffed by clerks, court navigators, or volunteer attorneys who can help you understand and complete divorce paperwork at no cost. They can't represent you, but they can answer procedural questions and check that your forms are filled in correctly.
Spousal contribution to legal costs. In some situations — particularly when there's a significant income disparity between spouses — a Texas court can order the higher-earning spouse to contribute to the other spouse's reasonable legal costs during the divorce proceeding. Your attorney can advise whether this applies.

The pattern to remember: the more amicable the process, the more affordable it is. Disagreement is what costs money. Anything you and your spouse can work out directly is something you don't have to pay attorneys to resolve.

How Divorce.com Helps in Texas

Divorce.com offers three plans for uncontested divorces in Texas, depending on how much hands-on support you want:

Paperwork Only. We prepare your court-approved Texas forms based on a guided questionnaire. You file them yourself with the District Court in your county. The lowest-cost path, designed for people comfortable handling the courthouse step on their own.

We File For You. We prepare and file the paperwork on your behalf. You stay in your inbox; we handle the courthouse logistics. For most uncontested Texas divorces, this is the sweet spot — handled efficiently without the cost of an attorney.

Fully Guided. A dedicated case manager walks you through every step from filing to final decree, including help if you and your spouse need to work out a final detail before finalizing. Includes mediation support if you need it.

All three plans are designed specifically for uncontested Texas divorces. We've helped with over 1 million divorces across all 50 states. See current pricing and choose a plan.

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Ready for the Full Texas Process?

This page covers what to do first — the decision-stage view. For the complete procedural walkthrough — every form, every deadline, every Texas-specific rule on property division, spousal support, and child custody — see our Complete Texas Divorce Guide. That page is your reference once you've decided how you want to handle the process.

Q: How long does a divorce take in Texas?
A: An uncontested divorce in Texas typically takes 60 days minimum, typically 2–6 months for uncontested. A contested divorce can take 1–3 years, depending on the court's docket and the complexity of the disputes between the spouses. The single biggest factor in your timeline is whether you and your spouse can agree on the major issues — agreement compresses the process to its statutory minimum, while disagreement stretches it out.

Q: Do I need to be separated before filing for divorce in Texas?
A: No. Texas does not require a period of separation before filing for divorce on no-fault grounds. You can file as soon as you meet the residency requirement and either spouse decides the marriage is over.

Q: Is Texas a 50/50 state for divorce?
A: Texas is a community property state. That means marital assets — anything acquired during the marriage — are generally presumed to be owned 50/50 and divided equally at divorce. Separate property (assets you owned before marriage, or received as a gift or inheritance during it) is generally protected. The court can still consider individual circumstances, but the starting point is an equal split.

Q: Do I need a lawyer to get divorced in Texas?
A: Not necessarily. If your Texas divorce is uncontested — meaning you and your spouse agree on property division, custody, and any support — you can complete the process without an attorney by using an online divorce service that prepares your court-approved paperwork. You should consult a Texas family law attorney if your situation involves significant assets, a business or professional practice, a pension or retirement account requiring division, complex custody disputes, domestic violence or safety concerns, hidden assets, or a spouse who is contesting the divorce aggressively.

Q: What is the residency requirement for divorce in Texas?
A: Texas requires 6 months in state + 90 days in county before you can file for divorce. You'll typically need to file in the county where you've established that residency. If you've recently moved to Texas, you may need to wait until you meet the residency requirement, or file in your previous state if you still qualify there.

Q: What is the filing fee for divorce in Texas?
A: Filing fees in Texas typically range from $300–$400, varying by county. If you can demonstrate financial hardship, you can apply for a fee waiver — most counties will reduce or waive the fee for qualifying applicants. Ask the court clerk for an application for waiver of court fees.

Q: Can I file for divorce in Texaswithout my spouse's consent?
A: Yes. You do not need your spouse's consent to file for divorce in Texas. If your spouse refuses to respond after being served, you may be able to obtain a default divorce based on your filing alone. If they contest, the case proceeds as a contested matter — slower and more expensive, but the divorce will still happen. Texas courts cannot force two people to stay married against one party's wishes.

Q: How does Texas calculate child support?
A: Texas uses the percentage of obligor net resources (with statutory cap) model to calculate child support. The formula considers each parent's income, the parenting time split, health insurance and childcare costs, and the number of children. The result is largely standardized within the state — it's not something a lawyer can negotiate down significantly. Both parents share responsibility for supporting their children regardless of which parent has primary custody.

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