State Guide · Updated 2026
Divorce in Texas: Laws,
Forms & Filing — 2026 Guide
A Texas divorce requires a 60-day waiting period from the date you file, an Original Petition for Divorce, financial disclosures, and a signed Final Decree. Texas is a community property state — assets and debts from the marriage are divided equally. Most uncontested divorces require at least one brief court appearance.
Last updated:
2026 Fast Facts — Texas Divorce
Waiting Period
60 days minimum
From the date you file the Original Petition. The clock starts at filing — not at service. Most uncontested cases finish shortly after the 60-day mark.
Texas divorce laws →Filing Fee
$250 – $350 (varies by county)
Each county sets its own rate. Harris County runs approximately $300–$365 depending on whether children are involved. Fee waivers available.
How to file in Texas →Fault Required?
No — insupportability
Texas allows no-fault divorce on grounds of "insupportability" (discord or conflict of personalities). Fault grounds also exist but require evidence.
Grounds for divorce in Texas →Residency
6 months in TX, 90 days in county
At least one spouse must meet both requirements. You file in the county where either spouse has lived for the past 90 days.
Texas residency requirements →The Texas Divorce Timeline Explained
A Texas divorce cannot be finalized until at least 60 days have passed from the date of filing — this mandatory waiting period is set by the Texas Family Code and cannot be waived except in cases involving family violence. How long your divorce takes beyond that minimum depends almost entirely on whether you and your spouse can reach agreement outside of court.
Official reference: TexasLawHelp.org — Divorce Without Minor Children · Texas Family Code Chapter 6 — Dissolution of Marriage
Stage 1: Filing & Service
One spouse (the Petitioner) files the Original Petition for Divorce with the District Court in their county and pays the filing fee. The other spouse (the Respondent) must be formally served — or can sign a notarized Waiver of Service to skip the process server. The 60-day waiting period begins on the date of filing, not service. Texas divorce process →
Stage 2: Financial Disclosures & Negotiation
Both spouses must exchange Required Initial Disclosures within 30 days of the Respondent's answer. You then negotiate all terms — property division, conservatorship, possession schedules, child support, and any spousal maintenance. This is the stage where timelines diverge most sharply.
Stage 3: Final Hearing & Decree
Unlike California, Texas requires at least one court appearance even in uncontested cases. You present your signed Final Decree of Divorce to the judge at a short hearing. The judge reviews and signs it — you are legally divorced. Some counties offer prove-up hearings that take less than 15 minutes.
Typical timelines at a glance
| Uncontested (full agreement) | 61 days – 4 months |
| Partially contested (mediation) | 4 – 9 months |
| Fully contested (trial) | 12 – 24+ months |
Note on family violence cases: A judge may waive the 60-day waiting period if your spouse was convicted of or received deferred adjudication for family violence against you or a household member. Schedule a free call to talk through your timeline →
How Much Does a Divorce Cost in Texas?
The court filing fee in Texas is set by each county and typically runs $250–$350 for the initial petition. Everything beyond that depends on how much you and your spouse disagree. Texas has no statewide uniform filing fee — always confirm the exact amount with your county's District Clerk before filing.
Official reference: TexasLawHelp.org — Court Fees and Fee Waivers · Texas Courts — Self-Represented Litigants
Cost breakdown by divorce type
| Path | Typical total cost | Best for |
|---|---|---|
| DIY / self-represented | $250 – $1,000 | Simple cases, full agreement |
| Online service (Hello Divorce) | $1,500 – $5,000 | Guided support, flat-fee filing |
| Mediation | $2,000 – $8,000 | Disputed issues, no court trial |
| Attorney-led uncontested | $1,500 – $5,000 | Complex assets, need full rep |
| Contested / trial | $15,000 – $50,000+ | Unresolvable disputes |
Can't afford the filing fee? File a Statement of Inability to Afford Payment of Court Costs with the court. If approved, filing fees and other court costs may be waived.
DIY divorce in Texas → · Compare Hello Divorce plans →
How to File an Uncontested Divorce in Texas
An uncontested divorce in Texas means both spouses agree on all terms — property division, conservatorship, child support, and any spousal maintenance — before presenting the Final Decree to a judge. It is the fastest, most affordable path through the Texas divorce process.
Official forms: TexasLawHelp.org — Divorce Forms (No Children) · TexasLawHelp.org — Divorce Forms (With Children) · Hello Divorce — Texas forms guide →
Confirm residency eligibility
You or your spouse must have lived in Texas for at least 6 months and in your filing county for at least 90 days. File in the District Court for that county. If you have children under 18, additional conservatorship forms are required.
File the Original Petition for Divorce
The Petitioner files the Original Petition for Divorce at the county courthouse and pays the filing fee ($250–$350 depending on county). You cite "insupportability" as grounds — no proof of wrongdoing needed. The 60-day waiting period begins the moment you file. How to file in Texas →
Serve your spouse (or file a Waiver)
A process server, sheriff, or constable must formally serve the Respondent — you cannot serve your spouse yourself. In cooperative uncontested cases, the Respondent can sign a notarized Waiver of Service instead, which eliminates the need for a process server and saves time and cost. Texas dissolution overview →
Exchange financial disclosures
Texas requires both spouses to exchange Required Initial Disclosures within 30 days of the Respondent filing an answer. These must include a list of assets, debts, income, and expenses. Skipping this step can delay or derail your case. What to do before filing →
Negotiate and sign all final documents
Agree on your Final Decree of Divorce, which covers property division, conservatorship schedules, child support, and spousal maintenance if applicable. If children are involved, you will also need a possession order — in 2026, the Expanded Standard Possession Order (ESPO) is now the statutory default for parents living within 50 miles of each other — and possibly an Income Withholding Order for Support. Both spouses sign. Texas marital settlement agreement →
Attend your final hearing
After the 60-day waiting period, attend your scheduled prove-up hearing. Unlike California, Texas requires at least one court appearance in almost all cases — but uncontested hearings are typically brief (under 15 minutes). The judge reviews your decree, asks a few questions, signs it, and your divorce is final.
Start my Texas divorce → DIY divorce in Texas →
Texas Marriage & Divorce Laws
Texas divorce law is governed by the Texas Family Code. Key provisions include the 60-day waiting period (§ 6.702), no-fault grounds based on insupportability (§ 6.001), and community property division rules (Chapter 3). Texas also uniquely recognizes common-law (informal) marriages, which require a formal divorce to dissolve.
Official references: Texas Family Code — Chapter 6 (Dissolution) · TexasLawHelp.org — Getting Divorced
What's New in Texas Divorce Law for 2026
Three significant changes affect Texas divorces filed in 2026 — covering child support, parenting time, and county-level procedural requirements. If you're filing this year, each of these may directly affect your case.
Update 1
Child support cap raised to $11,700/month
The Texas Attorney General adjusted the Maximum Net Resources cap from $9,200 to $11,700 per month in late 2025 — the largest single increase in over a decade. This raises the maximum guideline child support for one child from $1,840 to $2,340/month. The cap scales with the number of children: two children at the new maximum now equals $2,925/month, three equals $3,510/month.
Who this affects: Parents who earn near or above $11,700/month in net resources, and any parent subject to a support modification hearing in 2026. If you're the paying parent and your income exceeds the old cap, a modification petition could result in a higher obligation. Texas child support guide →
Update 2
Expanded Standard Possession Order (ESPO) is now the default
Historically, parents had to negotiate or request the Expanded Standard Possession Order. As of 2026, the ESPO is the statutory default for parents living within 50 miles of each other. The ESPO gives the non-primary parent significantly more time with their child, including Thursday overnight visits during the school year and Monday morning returns after weekend possession.
What this means: If you live within 50 miles of your co-parent, you no longer have to fight for the expanded schedule — the law presumes it is in your child's best interest. Either parent can still request a deviation by showing a different schedule better serves the child. Texas conservatorship guide →
Update 3
County Standing Orders updated — digital assets now protected
Texas is a patchwork state: each county issues its own Standing Orders that automatically attach to every divorce filing. These orders prohibit both parties from selling assets, dissipating funds, or making disparaging remarks about each other during the proceedings. In early 2026, most major metro counties updated their Standing Orders to include explicit Digital Asset Protection — covering cryptocurrency wallets, NFTs, online brokerage accounts, and social media monetization revenue.
Standing Orders for top Texas counties:
Standing Orders are mandatory attachments to your divorce filing. Violating them — including moving digital assets or cryptocurrency during the divorce — can result in contempt findings and affect your final property division.
Finances and Property
Texas is a community property state — all assets and debts acquired during the marriage are presumed to belong equally to both spouses and must be divided in a "just and right" manner at divorce. This does not always mean 50/50: courts may shift more community property to one spouse if the other cannot make adequate child support payments, or if fault grounds are proven. Separate property — owned before marriage or received as a gift or inheritance during marriage — is not subject to division.
Official reference: Texas Family Code Chapter 3 — Marital Property Rights · Hello Divorce — Texas community property guide →
Community property
Assets and debts acquired during marriage belong equally to both spouses — including income, home equity, retirement contributions made during marriage, and joint debts. The court divides these in a "just and right" way, which may not always be exactly 50/50.
Texas community property →Spousal maintenance
Texas has two types of post-divorce support — and the distinction matters. Statutory maintenance is court-ordered alimony, available only in limited circumstances: marriages of 10+ years, proven family violence, disability, or caring for a disabled child. Amount is capped at the lesser of $5,000/month or 20% of average gross monthly income, and courts are applying this through the lens of 2026 inflation when assessing "minimum reasonable needs." Contractual alimony, by contrast, can be agreed to by both spouses in a Hello Divorce settlement agreement regardless of marriage length — no 10-year rule applies, and the amount and duration are whatever you negotiate. In 2026, more Texas couples are choosing contractual alimony to bypass the strict statutory requirements entirely.
Spousal maintenance in Texas →Conservatorship (custody)
Texas uses "conservatorship" rather than custody. Courts presume Joint Managing Conservatorship — both parents share rights and responsibilities — unless there are safety concerns. In 2026, the Expanded Standard Possession Order (ESPO) is now the statutory default for parents living within 50 miles of each other. You no longer have to negotiate for the expanded schedule — it is what the law presumes is in the child's best interest. The ESPO includes Thursday overnight visits and extended holiday time compared to the prior Standard Possession Order.
Texas child custody laws →Child support
Texas uses a percentage-of-net-income guideline: 20% for one child, 25% for two, up to 40% for five or more. Courts may also order medical and dental support separately. 2026 update: The Texas Attorney General raised the Maximum Net Resources cap from $9,200 to $11,700/month — the largest increase in over a decade. The new maximum guideline support for one child is now $2,340/month (up from $1,840). Parents earning near or above the new cap may see higher support obligations in 2026 filings.
How to file for child support in Texas →Frequently Asked Questions About Texas Divorce
How long does a divorce take in Texas?
Texas requires a 60-day waiting period that begins on the date the Original Petition for Divorce is filed — not the date of service. The earliest your divorce can be finalized is day 61. Uncontested divorces where both spouses agree on all terms can often finish within 2–4 months. Contested divorces typically take 12 to 24 months or longer. Texas divorce process →
How much does it cost to file for divorce in Texas?
Court filing fees vary by county and typically run $250–$350. Harris County charges approximately $300–$365 depending on whether children are involved. Additional costs include service of process ($50–$100) and certified copies ($10–$25). If you cannot afford the fee, file a Statement of Inability to Afford Payment of Court Costs. DIY divorce costs →
Is Texas a no-fault divorce state?
Yes. Under Texas Family Code § 6.001, you can cite "insupportability" — discord or conflict of personalities — as grounds for divorce without proving fault. Texas also allows fault-based grounds (adultery, cruelty, abandonment, felony conviction), which can affect property division and maintenance awards. Texas divorce laws →
Does Texas require a court appearance for divorce?
Yes — unlike California, Texas requires at least one short court hearing even for uncontested divorces. Called a "prove-up," this hearing typically lasts under 15 minutes. The Petitioner appears before a judge, answers a few questions under oath, and presents the signed Final Decree. Some counties accept limited remote appearances. Texas dissolution details →
How is property divided in a Texas divorce?
Texas is a community property state under Texas Family Code Chapter 3. All assets and debts from the marriage are presumed community property and subject to a "just and right" division — not necessarily 50/50. Separate property (owned before marriage, gifts, inheritances) is not divided. Spouses can agree to any split in their Final Decree. Texas community property guide →
What is conservatorship in Texas?
Texas uses "conservatorship" instead of "custody." It refers to the rights and responsibilities parents have over their children, including decisions about education, healthcare, and religion. Courts presume Joint Managing Conservatorship (JMC) is in the child's best interest, meaning both parents share decision-making rights. "Possession and access" orders determine the physical schedule. In 2026, the Expanded Standard Possession Order (ESPO) is the new statutory default for parents living within 50 miles of each other, providing more parenting time — including Thursday overnights — without requiring negotiation. Texas conservatorship laws →
Does Texas recognize common-law marriage?
Yes. Texas recognizes informal (common-law) marriages if three conditions are met simultaneously: you agreed to be married, lived together as spouses, and represented yourselves to others as married. There is no "common-law divorce" — you must go through a standard divorce process to dissolve a common-law marriage and divide property. Texas marriage and divorce laws →
Ready to start your Texas divorce?
Hello Divorce guides you through every form, every step — with flat-fee pricing and real legal help available when you need it.
