Texas Divorce Cost, Filing Fees & Process
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Filing fee
- $250–$400set by each county — e.g., Harris County $350 ($365 with children)
- Waiting period
- 60 days from filingwaivable only in family-violence cases
- Residency requirement
- 6 months in Texas + 90 days in the county
- Where to file
- District Court
Texas divorce filing fees are set county by county and generally run $250–$400. Harris County (Houston), the state's largest, currently charges $350 for a divorce without children and $365 with children, per the District Clerk's fee schedule. Service of citation and e-filing fees are extra.
Texas imposes a 60-day waiting period from the date of filing before a divorce can be granted — one of the shortest among large states — and requires six months of Texas residency plus 90 days in the filing county. The Supreme Court of Texas has approved uncontested divorce forms, available free through TexasLawHelp.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Petition filing feeHarris County: $350 without children / $365 with children | $250–$400 (by county) | Official fee |
| Service of citationconstable/sheriff fee; waived if spouse signs a waiver of service | $75–$100 per respondent | Official fee |
| E-filing convenience fees | $5–$30 | Estimate |
| Uncontested — document preparation help | $200–$1,500 | Estimate |
| Contested — attorney representation | $4,000–$20,000+ | Estimate |
Filing fees are county-set; check your district clerk's current schedule. Attorney figures are market estimates, not government fees.
Requirements
| Requirement | Rule |
|---|---|
| Residency | One spouse domiciled in Texas 6 months and resident of the filing county 90 days (Tex. Fam. Code § 6.301) |
| Grounds | No-fault (insupportability) plus fault grounds available |
| Waiting period | 60 days from filing (Tex. Fam. Code § 6.702); waived for family violence |
| Fee waiver | Statement of Inability to Afford Payment of Court Costs |
The process, step by step
- Confirm residency. 6 months in Texas, 90 days in the county — either spouse can satisfy it.
- File the Original Petition for Divorce. File with the district clerk and pay the county's fee, or file the Statement of Inability to Afford Payment of Court Costs.
- Give legal notice. Have your spouse served with citation, or have them sign a waiver of service before a notary after the petition is filed.
- Wait out the 60 days. The court cannot grant the divorce until the 61st day after filing (except in family-violence cases).
- Finalize. Uncontested: both spouses sign the Final Decree of Divorce and the petitioner attends a short prove-up hearing. Contested: temporary orders, discovery, mediation and trial as needed.
Forms & where to file
District Court of the county where either spouse has lived for the past 90 days (file with the District Clerk).
- Uncontested divorce forms (Supreme Court–approved) — via Texas State Law Library / TexasLawHelp
- Statement of Inability to Afford Payment of Court Costs
Frequently asked questions
How much does a divorce cost in Texas?
Court filing fees run about $250–$400 depending on the county — Harris County charges $350–$365. An uncontested divorce can be completed for little more than that using the state-approved forms; contested divorces with attorneys typically cost thousands.
How long does a Texas divorce take?
Minimum 61 days — the statutory 60-day waiting period runs from filing. Simple uncontested cases often finish shortly after; contested cases take months to over a year.
Can the 60-day waiting period be waived?
Only in family-violence cases — where the respondent has a qualifying conviction or deferred adjudication for family violence against the petitioner, or the petitioner has an active protective order.
What if I can't afford the filing fee?
File a Statement of Inability to Afford Payment of Court Costs with your petition. If accepted, you proceed without paying court fees.
Related information
Sources & verification
- Harris County District Clerk — Civil & Family Fee Schedule
- Texas Family Code § 6.301 (residency)
- Texas Family Code § 6.702 (60-day waiting period)
- Texas State Law Library — Divorce guide & forms
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.