How to File for Divorce in Texas (2026)

Texas is a no-fault, community-property state with one rule everyone should plan around: a mandatory 60-day waiting period. Here's the whole picture.

Residency requirement

To file in Texas, one spouse must have lived in the state for at least six months and in the county where you file for at least 90 days before filing.

Grounds

Texas's no-fault ground is 'insupportability', essentially that the marriage can't continue because of conflict. Texas also recognizes fault grounds, but no-fault is simplest for an agreed divorce.

The 60-day waiting period

Texas requires at least 60 days between filing the petition and the divorce being finalized, even when everything is agreed. As a community-property state, marital assets and debts are generally divided in a way the court finds 'just and right,' which you and your spouse can define in your agreement.

Where to file

You file with the district or county court in your county and pay the filing fee, with a waiver available if you qualify. Your spouse can sign a waiver of service. After the 60 days and once the paperwork is complete, a judge signs the final decree, sometimes at a brief hearing.

The above is general guidance, not legal advice; always confirm current requirements with your Texas county court. When you start with us, your Texas forms and checklist are tailored to your county automatically.

Frequently asked questions

How much does a divorce cost in Texas in 2026?

Preparing an uncontested divorce in Texas with SimplyDivorceOnline is a flat $149, plus your county court's filing fee (about $300–$350 (varies by county) as of 2026). That's a fraction of hiring an attorney, which commonly runs $10,000+ for a contested case.

How long does a divorce take in Texas?

Most people finish the paperwork in a weekend. After you file, Texas generally requires at least a 60-day waiting period after filing, usually the biggest factor in your overall timeline.

Do I need a lawyer to get divorced in Texas?

No. If you and your spouse agree on the terms, you can file an uncontested divorce in Texas yourself using the correct court forms. A lawyer is mainly worth it if your case is contested or involves complex assets, a business, or a custody dispute.

Can I get divorced in Texas if my spouse won't cooperate?

Yes. Texas, like every state, allows a no-fault divorce, so your spouse cannot block it. If they don't respond after being properly served, the court can grant a default divorce.

Where do I file for divorce in Texas?

You file with the District Court in the county where you (or your spouse) live, using the Original Petition for Divorce. Your county clerk processes the case; Texas's official court website has current forms and fees.