How to File for Divorce in Texas Without a Lawyer
Complete step-by-step guide to filing for divorce in Texas without an attorney. Save thousands in legal fees.
Overview: Filing for Divorce in Texas Without a Lawyer
Filing for divorce without a lawyer in Texas is possible for uncontested cases where both parties agree on all major issues. Texas has a 60-day waiting period from filing to finalization, and you must meet residency requirements before filing.
Can You File Without a Lawyer in Texas?
✓ Good Candidates for DIY Divorce:
- Both parties agree to divorce and all terms
- No minor children, or complete agreement on custody and support
- Limited assets and debts, or agreement on division
- No spousal support disputes
- Both parties are willing to cooperate
⚠ Consider Hiring a Lawyer If:
- Disputed child custody or visitation
- Complex asset division (businesses, multiple properties)
- Retirement accounts or pensions need division
- Spouse has hired an attorney
- History of domestic violence
- Spouse is hiding assets or income
Step-by-Step: How to File for Divorce in Texas
Verify Residency Requirements
You or your spouse must have lived in Texas for the last 6 months and in your county for the last 90 days before filing.
- Keep utility bills or lease agreements as proof
- Texas driver's license must show current address
- If military, special rules may apply
Gather Required Documents
Collect all necessary documents including marriage certificate, financial records, and asset/debt information.
- Request certified marriage certificate from county clerk
- Organize bank statements for last 12 months
- List all assets, debts, and property
- Collect tax returns for last 2-3 years
- Document children's school and medical information
Complete Divorce Petition Forms
Fill out the Original Petition for Divorce and other required forms completely and accurately.
- Use court-approved forms from Texas courts website
- Type or print clearly in black ink
- Make multiple copies before signing
- Don't sign in front of notary yet
File Your Petition with County Clerk
Submit your completed forms to the district clerk's office in the county where you or your spouse resides.
- Bring original documents and 2-3 copies
- Filing fee is typically $300-350 cash or card
- Ask for fee waiver if you can't afford filing fees
- Clerk will assign a case number
Serve Your Spouse
Legally notify your spouse of the divorce by having them served with the petition.
- You cannot serve papers yourself
- Use sheriff's office ($50-75) or private process server ($50-100)
- Spouse can waive service by signing Waiver of Service form
- Keep proof of service for court records
Wait for 60-Day Cooling Period
Texas requires a 60-day waiting period from the date of filing before a divorce can be finalized.
- Use this time to negotiate final settlement
- Complete any required parenting classes
- Organize financial disclosures
- Cannot finalize before day 61
Prepare Final Decree
Draft the Final Decree of Divorce detailing all agreed-upon terms.
- Must address property division, debt allocation
- Include child custody/support if applicable
- Both parties should review and agree
- Use Texas court-approved decree format
Attend Final Hearing (if required)
Some counties require a brief hearing; others allow uncontested divorces by affidavit.
- Bring all original documents
- Dress professionally
- Answer judge's questions honestly
- Hearing usually takes 15-30 minutes
Receive Final Decree
Judge signs the Final Decree, and you receive certified copies from the clerk's office.
- Request 2-3 certified copies ($1-5 each)
- Keep copies in safe place
- Send copies to creditors/banks if needed
- Divorce is final when judge signs decree
Required Forms for Texas Divorce
Original Petition for Divorce (Form 6-101)
RequiredWaiver of Service (Form 6-102)
OptionalFinal Decree of Divorce (Form 6-201)
RequiredNote: Always use the most current forms from your state's court website. Forms may be updated periodically.
Cost Breakdown for Texas DIY Divorce
💰 DIY Divorce
- Filing fee: $300-350
- Service fee: $50-100
- Misc costs: $25-$100
👔 With Attorney
Includes attorney fees, court costs, and filing fees for uncontested to contested cases
For detailed cost breakdown including attorney fees and scenarios: View Texas Divorce Costs →
Common Pitfalls to Avoid
Not waiting full 60-day cooling period before finalizing
Improper service of process on spouse
Missing required financial disclosures
Incomplete property and debt division
Not addressing retirement accounts properly
Failing to update beneficiary designations after divorce
Frequently Asked Questions About Texas DIY Divorce
Can I file for divorce without a lawyer in Texas?
Yes, Texas allows self-representation in divorce cases. If your divorce is uncontested and you have no complex assets or child custody disputes, DIY divorce is a viable option.
How long does a DIY divorce take in Texas?
Texas has a mandatory 60-day waiting period from filing. Most uncontested DIY divorces are finalized within 3-6 months, depending on court schedules and county requirements.
What is the residency requirement for divorce in Texas?
You or your spouse must have lived in Texas for at least 6 months and in your county for at least 90 days before you can file for divorce.
Can I get a fee waiver for Texas divorce filing fees?
Yes, if you cannot afford the filing fee, you can file a Statement of Inability to Afford Payment of Court Costs. The court will review your financial situation.
Do I need to attend court for an uncontested divorce in Texas?
It depends on your county. Some counties allow uncontested divorces by affidavit, while others require a brief (15-30 minute) final hearing.
Need Professional Help?
While DIY divorce can save money in Texas, consulting with an attorney can help you understand your rights and avoid costly mistakes.