Filing for Divorce in Texas Made Simple

By: myVATA

·May 16, 2025

·11 min read

Filing for Divorce in Texas Made Simple — Image Source: unsplash

Filing for a Texas divorce can feel stressful, but it’s easier than it seems. Texas has a high divorce rate, with 6.9 divorces per 1,000 people in 2022. Most people file for no-fault reasons, like not getting along, which makes the Texas divorce process simpler since no one has to prove blame. If you want to divorce in Texas, the first steps are meeting residency rules, filling out the right forms, and filing in the right county. Learning these steps ahead of time will help you avoid stress and confusion.

Understanding the Basics of Texas Divorce

Residency Requirements for Filing

To file for divorce in Texas, you must meet residency rules. These rules let Texas courts handle your case. You or your spouse must live in Texas for six months. Also, one of you must live in the county for 90 days. Check where you or your spouse lives to know where to file. Following these residency rules is the first step to start a divorce.

Grounds for Divorce in Texas

Texas allows divorces for no-fault or fault-based reasons. No-fault divorces happen when a marriage cannot be fixed. This is easier since no one needs to prove blame. Fault-based reasons include cheating, cruelty, leaving, or committing a crime. About 60% of people say cheating is a top fault reason. Fault-based divorces can affect property or child custody decisions. Knowing these reasons helps you choose the best option.

Contested vs. Uncontested Divorce

Texas divorces are either contested or uncontested. In uncontested divorces, both spouses agree on big issues. These include property, child custody, and support. Uncontested divorces save time and money by avoiding court fights. Contested divorces happen when spouses disagree on issues. These need mediation or court to settle problems. Contested divorces can be harder but may be needed. Knowing the difference helps you plan ahead.

How to File for Divorce in Texas

Preparing the Divorce Petition

The first step to divorce in Texas is making a petition. This paper starts the process and lists your requests. These might include splitting property, child custody, or support. You’ll need certain forms to complete this step. The Original Petition for Divorce explains your case. Other forms include the BVS Form, which Texas requires for records, and the Waiver of Service if your spouse agrees to skip formal notice.

Here’s a simple list of key documents you may need:

Title	Description	AKA	Pages
Petition	Starts the divorce process officially.	Original Petition, Divorce Petition	2 to 10
Waiver	Used instead of serving papers to your spouse.	Waiver of Service	1 to 2
Decree	Final paper signed by the Judge to end the marriage.	Divorce Decree	2 to 40
BVS Form	A required state form for statistics.	VS-165 Form	2
Health Insurance Information Form	Explains a child’s current medical coverage.	Medical Insurance Information Form	1

Filling out these forms correctly is very important. Errors can slow things down or make you start over. If you’re confused, ask a family lawyer for help. This can save you time and worry.

Where to File Divorce Papers

After preparing your petition, file it in the right court. In Texas, this means going to the district clerk’s office in your or your spouse’s county. One of you must have lived there for at least 90 days. You also need to meet the six-month Texas residency rule.

Texas has 254 counties, so picking the right one matters. Filing in the wrong county could get your case thrown out. If unsure, check your spouse’s address or ask the district clerk’s office.

You’ll also pay a filing fee, usually $250 to $350, depending on the county. If you can’t afford it, you can ask for a fee waiver. To do this, submit an Affidavit of Inability to Pay Court Costs.

Serving Divorce Papers to Your Spouse

After filing, you must serve divorce papers to your spouse. This step officially tells them about the divorce. Texas law requires this unless your spouse signs a Waiver of Service.

Here’s how you can serve the papers:

Hire a Process Server or Sheriff: They can deliver the papers to your spouse.
Certified Mail: Sometimes, you can use certified mail with a return receipt.
Alternative Service: If you can’t find your spouse, ask the court for other ways, like posting a notice in a newspaper.

Most divorces are started by women, so you’re not alone if you’re filing. Serving papers might seem scary, but it’s needed to move forward. After being served, your spouse has about 20 days to reply.

Tip: Keep copies of all papers and proof of service. These are important if your case goes to court.

By following these steps, you’ll be ready to handle the Texas divorce process.

Navigating the Divorce Process in Texas

Responding to Divorce Papers

When you get divorce papers, act quickly. In Texas, you have 20 days to reply to the court. This reply shows your thoughts on the divorce and any disagreements. If you don’t respond, the court might decide without you.

If you agree with the terms, file a waiver or response that matches the petition. If you disagree, list the issues you contest, like property or custody. Responding on time ensures your side is heard in the divorce process.

Tip: Talk to a family lawyer to protect your rights and interests.

Temporary Orders and Financial Disclosures

Temporary orders help with urgent matters during a divorce. These include child custody, support, or who stays in the home. They provide rules while the divorce is ongoing.

You and your spouse must also share financial details. These include income, expenses, assets, and debts. Honest sharing helps with fair decisions about property and support.

Note: Temporary orders can affect the final decisions, so take them seriously.

Mediation, Negotiations, and Court Hearings

Mediation is often used in Texas divorces. It helps you and your spouse solve problems with a neutral person. Mediation saves time, money, and stress. Courts like mediation because it works well.

Why Mediation Helps:
1. Courts may suggest or require mediation for your case.
2. A signed mediation agreement is binding for both sides.
3. If it meets legal rules, the court will approve it.

Type of Case	Success Rate
Agreed Divorce	90%
Child Custody and Visitation	80%
Property and Money Settlements	Negotiable

If mediation fails, you may need court hearings. Court can be more stressful and costly but may be necessary to settle disputes.

By knowing these steps, you can handle divorce costs in Texas with less worry.

Key Considerations When You File for Divorce in Texas

Property Division and Community Property Laws

When divorcing in Texas, knowing property rules is important. Texas uses community property laws. This means most things earned or bought during marriage belong to both spouses. The court doesn’t always split things 50/50 but tries to be fair.

Here’s how these laws may affect your finances:

After divorce, ex-husbands often see a 42% better lifestyle.
Ex-wives, however, may face a 73% drop in their lifestyle.

These facts show why understanding property division matters. To protect yourself, collect financial papers like bank records, house deeds, and retirement plans. If you and your spouse agree on dividing things, it’s easier. If not, the court decides based on income and contributions.

Tip: Write down all shared and personal property. This helps avoid fights and ensures fairness.

Alimony (Spousal Support) in Texas

Alimony, or spousal support, isn’t given in every divorce. It’s only for certain cases, like when one spouse earns much less. For example, if you depended on your spouse’s money during a long marriage, you might qualify.

Here are some facts about alimony:

Only 10% of divorces include alimony, showing it’s rare.
It’s more common in long marriages or big income gaps.
More women now pay alimony due to changing roles.
The amount depends on age, marriage length, and income.

If you think you need alimony, gather proof of your finances. Include your earnings, spending, and job search efforts. Texas courts use this info to decide if you get support and for how long.

Note: Alimony in Texas is usually short-term. It helps the lower-earning spouse become independent.

Child Custody and Support Guidelines

Child custody and support are often the hardest parts of divorce. Texas courts focus on what’s best for the child. They look at the child’s age, health, and bond with each parent.

To strengthen your case, provide solid proof. For example:

Track visitation times and talks with the other parent.
Show your involvement, like attending school or doctor visits.
Keep receipts for child expenses to prove your care.

Child support in Texas is based on the non-custodial parent’s income and number of kids. It covers needs like food, housing, school, and healthcare.

Reminder: Courts take custody and support seriously. Be truthful and cooperative to show you care about your child’s well-being.

By learning these points, you’ll handle divorce challenges better. Whether it’s splitting property, asking for alimony, or caring for your child, taking smart steps can help.

Starting a divorce in Texas doesn’t need to be hard. Following clear steps can make it easier and less stressful. Doing things the right way has many advantages:

You spend less time and money by avoiding extra trips.
Temporary orders help with child visits, support, and money needs.
Filing first lets your lawyer get ready sooner for your case.

Tip: Keep your papers neat and ask a lawyer for help. Good planning helps you feel sure and work toward a better future.

FAQ

What happens if my spouse doesn’t respond to the divorce papers?

If your spouse doesn’t respond within 20 days, the court may grant a default judgment. This means the judge could approve your requests without your spouse’s input. You’ll still need to attend a final hearing to finalize the divorce.

Tip: Always keep proof of service to avoid delays.

Can I file for divorce in Texas if I got married in another state?

Yes, you can! As long as you meet Texas’s residency requirements (living in Texas for six months and in your county for 90 days), it doesn’t matter where you got married.

How long does it take to finalize a divorce in Texas?

Texas has a mandatory 60-day waiting period after filing the petition. Most divorces take 6-12 months, depending on whether it’s contested or uncontested. Complex cases, like those involving custody disputes, may take longer.

Do I need a lawyer to file for divorce in Texas?

You don’t need a lawyer, but having one can make the process smoother. A lawyer helps with paperwork, negotiations, and court hearings. If your divorce is contested or involves children, legal advice is highly recommended.

Can I change my name during the divorce process?

Yes, you can request a name change in your divorce petition. The court will include it in the final divorce decree. This is common for people who want to return to their maiden name.

Reminder: Update your name on official documents after the divorce is finalized.