Required Texas Divorce Forms
| Form | Required For | Description |
|---|---|---|
| Original Petition for Divorce | All divorces | The initial document filed with the court to start your divorce case |
| Waiver of Service | Agreed divorces | Spouse signs to acknowledge receipt of divorce papers, waiving formal service |
| Citation | If spouse won't sign waiver | Court-issued document formally serving your spouse through process server |
| Final Decree of Divorce | All divorces | The court order that officially ends the marriage and outlines all terms |
| Agreed Divorce Order | Uncontested with agreement | Comprehensive document covering property, debt division, and spousal support |
| SAPCR | With children | Suit Affecting Parent-Child Relationship — covers custody, support, visitation |
| Child Support Order | With children | Establishes monthly child support amount per Texas guidelines |
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State-specific forms updated for 2026 Texas requirements
Texas Residency Requirements
Texas has two residency requirements that must both be met:
- State residency: At least one spouse must have lived in Texas for 6 continuous months before filing
- County residency: The filing spouse must have lived in the county where they file for at least 90 days
- Military exception: Military members stationed in Texas can use their duty station to meet the residency requirement
60-Day Waiting Period
The 60-day waiting period begins on the date the Original Petition for Divorce is filed with the court clerk. During this time, you can complete all other paperwork and negotiations. The court cannot grant the divorce until day 61 at the earliest.
How to File for Divorce in Texas
- Confirm residency: Verify you meet the 6-month state and 90-day county requirements
- Complete your forms: Fill out the Original Petition for Divorce and all applicable forms
- File with the clerk: Submit your petition to the district clerk in the county where you reside
- Pay filing fee: Pay the filing fee ($250-$350 depending on county)
- Serve your spouse: Have your spouse sign a Waiver of Service or arrange formal service
- Wait 60 days: The mandatory waiting period must pass before finalization
- Finalize: Submit the Final Decree of Divorce for the judge's signature
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Texas Divorce Forms FAQ
You must be a resident of Texas for at least 6 months and a resident of the county where you file for at least 90 days before filing for divorce. Military members stationed in Texas can also meet the residency requirement.
Court filing fees in Texas typically range from $250 to $350 depending on the county. Additional costs may include service of process fees ($75-$100), certified copy fees, and document preparation costs. Using online forms is significantly less expensive than hiring an attorney.
Yes. Texas allows no-fault divorce under "insupportability" grounds, meaning the marriage has become insupportable due to conflict or discord with no reasonable expectation of reconciliation. You do not need to prove fault to get a divorce in Texas.
Texas has a mandatory 60-day waiting period after filing. An uncontested divorce can be finalized shortly after the waiting period ends. Contested divorces can take 6 months to several years depending on the complexity and court calendar.
For an uncontested Texas divorce, you need: Original Petition for Divorce, Waiver of Service (or Citation), Final Decree of Divorce, and if children are involved, a Suit Affecting Parent-Child Relationship (SAPCR). Financial information may also be required.