Recently updated on October 2nd, 2025 at 07:28 am

Prepare your documents for Divorce in Texas

This website helps prepare the forms required for Divorce in Texas.

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which Divorce related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a housing advocate to get guidance on Divorce related matters. If you’re facing eviction from a rental property, an advocate can help you understand your rights and options. They can review your case documents, speak with you directly about your situation, and assist with developing a plan to maintain housing stability.

4. File with the Clerk

You can formally begin the divorce process by filing your completed Original Petition for Divorce with the District Clerk’s Office in the county where you or your spouse resides. Filing may be done in person, by mail, or in some counties through an online system. You must submit the petition along with the required filing fee. Once accepted, the Clerk will open a divorce case, officially recording it in the court’s records and issuing a case number for future filings.

Process

Step 1

You: Take Online Screening

Begin your Divorce filing process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer a few simple questions about your marriage, residency, property, and any children involved. This screening helps confirm whether filing for divorce in Texas is appropriate for your situation and identifies the specific forms and steps required. Based on your answers, LegalAtoms customizes the process to match your county’s local court rules. Before starting, gather important information such as your marriage date, spouse’s details, property records, and information about children (if applicable).

Step 2

You: Gather Personal Information and Prepare the Original Petition for Divorce

Start by collecting all important details needed to complete your divorce filing, including:

Your full legal name and residence address
Your spouse’s full legal name and residence address
The date and place of your marriage
Information about any children of the marriage (names, birthdates, addresses)
A list of marital property, debts, and any separate property claims

Next, obtain the official Original Petition for Divorce form from the District Clerk’s Office in your county (or download it from your county court’s website if available). Complete the petition carefully, making sure all required sections are accurate.

The petition must be signed and filed with the Clerk before your case can proceed. Always keep a copy of the filed petition and any related documents for your records, as you will need them throughout the divorce process.

Step 3

You: Wait for the Clerk to Process Your Divorce Petition

After submitting your completed Original Petition for Divorce with the District Clerk, you must wait for the Clerk’s office to process and officially file it in the court’s records. Processing times vary by county, but in most cases, it is completed within a few business days.

If the Clerk accepts your filing, your divorce case is formally opened and assigned a case number, which you will use for all future filings. You may request plain or certified copies of the petition for your records, as courts, employers, or agencies may require them. However, if your filing is rejected due to missing information or incorrect forms, you must correct the errors and resubmit before the case can proceed.

Step 4

You: Create Your Divorce Case on LegalAtoms

Log in to your LegalAtoms account, or create a new one if you don’t already have an account. From your dashboard, click “Start New Case” and select “Divorce (Texas)” as the case type. The platform will guide you step by step through entering all required information, including:

Your full legal name and residence address
Your spouse’s full legal name and residence address
The date and place of your marriage
Information about any children of the marriage (names, birthdates, addresses)
A list of marital property, debts, and separate property (if claimed)

You will also be able to upload any supporting documents, such as your marriage certificate, property records, or child-related documents. LegalAtoms helps ensure your petition is complete, accurate, and in compliance with Texas county court requirements before you file it with the District Clerk’s Office.

Step 5

You: Receive Your Filed Petition and Certified Copies

Once your Original Petition for Divorce is accepted by the District Clerk, it will be officially filed and recorded in the court’s records. You may then obtain a certified copy of the filed petition, which serves as official proof that your divorce case has been opened.

Using Your Certified Petition:
A certified copy may be required to:

Serve your spouse with official notice of the divorce
Provide proof of a pending case to employers, agencies, or financial institutions
Submit alongside other court filings related to your divorce

Certified copies can be requested from the Clerk’s office at the time of filing or later as needed. Keeping at least one certified copy is strongly recommended, as plain photocopies may not be accepted for official or legal purposes.

Step 6

Wait for the Clerk’s Confirmation

After submitting your Original Petition for Divorce, you must wait for the District Clerk to officially record and assign a case number to your filing. Processing times vary by county but are typically completed within a few business days.

During this waiting period, monitor your LegalAtoms dashboard and any notifications from the Clerk’s Office for updates. Once your petition is recorded, the Clerk will return the filed copy and make certified copies available upon request.

If your filing is complete and accurate, it will be approved without issue. However, if the petition is missing required information or signatures, the Clerk may reject the filing, and you will need to correct and resubmit before your divorce case can legally proceed.

Step 7

Receive Your Filed Divorce Petition and Begin the Process

Once the District Clerk records your Original Petition for Divorce, your case becomes official, and the divorce process formally begins. LegalAtoms will guide you through requesting certified copies of your petition, which are often required for important steps such as:

Serving your spouse with official notice of the divorce
Providing proof of your pending case to employers, agencies, or financial institutions
Filing additional court documents as your case proceeds

If your filing was rejected, LegalAtoms will help you identify the issue (such as missing signatures or incomplete information), correct it, and resubmit quickly.

From this point, your case is active in the Texas court system. Remember that Texas requires a minimum 60-day waiting period before a divorce can be finalized, and you must complete all required steps including serving your spouse and obtaining a Final Decree of Divorce for the marriage to be legally dissolved.

Step 8

Finalize and Maintain Your Divorce Decree

Once your divorce is finalized, the court will issue a Final Decree of Divorce, which officially dissolves your marriage and sets out the terms regarding property division, debts, child custody, support, and any other issues. This decree is legally binding and must be followed by both parties.

LegalAtoms will notify you when your decree is ready and guide you through requesting certified copies. These certified copies may be required for tasks such as:

Updating your name on identification documents
Adjusting property titles, financial accounts, or insurance policies
Providing proof of divorce to government agencies or employers

If your decree includes ongoing obligations (such as child support or custody arrangements), you must comply with those terms. Failure to do so can result in legal consequences.

By keeping certified copies of your Final Decree and following its terms, you protect your legal rights and ensure your divorce remains recognized without interruption.

FAQs

What is an Divorce?

What are valid reasons for Divorce in Texas?

In Texas, valid legal reasons (grounds) for divorce include both fault-based and no-fault grounds:

No-Fault Grounds:

Insupportability – the marriage has become insupportable due to conflict or discord, with no expectation of reconciliation (most common ground).

Fault-Based Grounds:

Cruelty – one spouse treats the other cruelly, making the marriage intolerable.
Adultery – one spouse is unfaithful.

What is the Divorce process in Texas?

Here’s a clear step-by-step overview of the divorce process in Texas:

File the Petition – One spouse (the petitioner) files an Original Petition for Divorce with the District Clerk in the county where either spouse lives.
Serve the Spouse – The other spouse (the respondent) is formally served with divorce papers unless they sign a waiver of service.
Respond – The respondent has a set time (usually about 20 days) to file an answer.
Temporary Orders (if needed) – Either party may request temporary court orders for child custody, support, property use, or financial matters while the case is pending.
Discovery & Negotiation – Both spouses exchange information about property, finances, and children, and attempt to settle through negotiation or mediation.
Waiting Period – Texas law requires a minimum 60-day waiting period after filing before a divorce can be finalized (with few exceptions, such as family violence).
Agreement or Trial – If both spouses agree on all terms (property division, custody, support), the case is uncontested and can be finalized quickly. If not, the case goes to trial, and a judge decides.
Final Decree of Divorce – The judge signs the decree, officially ending the marriage and setting out all legal terms.

How long does the Divorce process take?

In Texas, the divorce process takes at least 60 days from the date the petition is filed because of the state’s mandatory waiting period.

Uncontested divorce (both spouses agree on all terms): Usually finalized shortly after the 60-day period ends.
Contested divorce (disagreements over property, custody, or support): Can take 6 months to over a year, depending on the complexity of the case and court schedules.

What happens if my filing is rejected?

If your divorce filing is rejected in Texas, it usually means there was an error or missing requirement. Common reasons include:

Missing information (e.g., spouse details, marriage date, or residency)
Incorrect or incomplete forms
Missing signatures or notarization
Unpaid or incorrect filing fee
Filing in the wrong county

If this happens, the District Clerk’s office will notify you of the issue. You’ll need to correct the mistake and resubmit the petition before your divorce case can officially move forward.

When will I hear back about my filing?

In Texas, once you file your Original Petition for Divorce with the District Clerk, you’ll usually hear back within a few business days. The Clerk will:

Review your petition to make sure it’s complete and the fee is paid.
Assign a case number once accepted.
Notify you (often through mail, email, or your online case system) when the filing is officially recorded.

If you filed through a platform like LegalAtoms, you’ll also see updates in your dashboard as soon as the Clerk processes your filing.

Are there fees associated with filing an Divorce?

Yes. In Texas, there are fees associated with filing a divorce:

Filing Fee: Usually between $250–$350, depending on the county.
Service of Process Fee: Around $75–$100 if the sheriff, constable, or process server delivers divorce papers to your spouse.
Other Possible Costs: Fees for certified copies of documents, mediation, or additional motions.

If you cannot afford the fees, you may file a Statement of Inability to Afford Court Costs to request a waiver.

Where can I get help with Divorce issues?

Court Forms Created This website guides you through all the topics required to complete your Divorce documents and file your case.

Core Forms

Original Petition for Divorce Uncontested
Notice of Change of Address Uncontested
Certificate of Last Known Mailing Address Uncontested
Affidavit of Indigency Uncontested