Texas Divorce Laws and Forms (2026)

Were you served in Texas?

Enter the day you got the papers (the citation and the petition). We show the deadline to answer.

Guides for Texas

Uncontested divorce

The process for agreed cases, the waiting period and the steps.

Forms and filing fees

Official forms, the filing fee, fee waivers and e-filing.

Alimony

When spousal support can be ordered, its limits and how to ask.

Serving divorce papers

How your spouse gets the papers and the deadline to respond.

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: Ask the court clerk for the current fee: Divorce self-help (Texas courts)
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): txcourts.gov (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: Self-represented litigants can e-file through eFileTexas (efiletexas.gov).
Law: Tex. Fam. Code 6.301, 6.302 · Tex. Fam. Code 6.702

Texas divorce forms and filing fees

Uncontested divorce in Texas

Divorce in Texas, step by step

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.
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.
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): txcourts.gov (PDF).
Serve your spouse
Your spouse can sign a Waiver of Service (must be signed after the petition is filed).
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 citation states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
The court can't grant the divorce until the 60th day after you file.
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.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: 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.

Divorce timeline estimator for Texas

See the earliest date the law lets a judge sign your final divorce decree, from your filing date.

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.

Alimony in Texas

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

Serving divorce papers in Texas

Going back to a former name in Texas

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).

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

Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it.

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): txcourts.gov (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.

Sources

Last checked: Oct 24, 2026.

Texas divorce laws