How to File for Divorce in Texas

This image represents the official completion of the Texas divorce process and the legal formalization of a divorce under Texas divorce law.

How to File for Divorce in Texas

Filing for divorce is a big decision, and it can feel overwhelming. At N Family Law, we’re here to make the process easier. If you’re thinking about ending your marriage in Texas, this guide will walk you through the basic steps.

Step 1: Make Sure You Meet the Requirements

Before filing for divorce in Texas, you or your spouse must have lived in Texas for at least six months. You must also have lived in the county where you plan to file for at least 90 days.

If you meet these rules, you can start the process.

Step 2: File the Petition

The divorce process begins when one spouse (called the “petitioner”) files a document called the “Original Petition for Divorce.” This legal paper tells the court that you want a divorce.

You’ll need to file this paperwork with the district court in the county where you or your spouse lives. There is a filing fee, which can vary by county.

Step 3: Notify Your Spouse

Once the petition is filed, your spouse (the “respondent”) must be officially notified. This step is called “service of process.” A sheriff, constable, or process server usually delivers the papers.

Your spouse will have time to respond. If they agree with everything, the divorce may be uncontested. If not, the case may be contested and take longer.

Step 4: Temporary Orders and Negotiation

Sometimes, couples need temporary orders to decide on things like child custody, support, or who stays in the home during the divorce process. These orders help keep life stable while the divorce is ongoing.

You and your spouse may work together to agree on major issues. Mediation is often used to help reach an agreement.

Step 5: Finalizing the Divorce

Texas has a 60-day waiting period after the petition is filed before a divorce can be finalized. During that time, you’ll work on settling issues like property division, parenting plans, and support.

Once everything is agreed upon, a judge will review and sign the Final Decree of Divorce. This document makes your divorce official.

Need Help Getting Started?

Filing for divorce is never easy, but you don’t have to go through it alone. The experienced team at N Family Law is here to guide you through every step and protect what matters most.

Ready to take the next step? Schedule your consultation today.