Divorce by state · Texas

Uncontested divorce in Texas (2026)

Texas calls it a divorce, and for couples who agree it is a fill-in-the-forms process routed through the district court in your county.

Texas quick facts

Filing court: District Court (or county court with family jurisdiction)
Residency: One spouse must have lived in Texas 6 months, and in the filing county 90 days
Waiting period: 60 days
Grounds: No-fault: the marriage has become insupportable
Court filing fee: $300
Fee waiver: Available

Verified against txcourts.gov on Jul 19, 2026

Texas calls it a divorce, and for couples who agree it is a fill-in-the-forms process routed through the district court in your county. The state's signature feature is the 60-day waiting period: no divorce can be finalized until at least 60 days after the original petition is filed, no matter how quickly you agree.

Before that clock even starts you have to clear the residency rule, which has two parts in Texas. One spouse must have lived in the state for six months and in the county where you file for 90 days. Meet those, agree on the property split and any children's arrangements, and an uncontested Texas divorce is mostly a matter of filing the petition, getting a waiver signed, and returning after 60 days for a short prove-up hearing where the judge signs your final decree.

County note. Texas is a community-property state, so the final decree has to divide marital property, and many counties want specific language and a proposed decree submitted ahead of the prove-up hearing. Standing orders in counties like Travis, Harris, and Dallas automatically restrict certain financial and parenting actions the moment you file.

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Texas questions people actually ask

Can the 60-day wait be shortened in Texas?

Almost never. The 60-day period runs from the filing date and is waivable only in narrow situations involving family violence. For a normal uncontested divorce, plan on at least 60 days plus scheduling time.

Does my spouse have to be served in Texas?

Not if they cooperate. Your spouse can sign a Waiver of Service that acknowledges the case, which avoids the cost and delay of formal service. It must be signed and notarized after the petition is filed.

How is property split in a Texas divorce?

Texas is a community-property state, so property acquired during the marriage is generally split in a way the court finds just and right. In an uncontested case you decide the split yourselves and write it into the final decree for the judge to approve.

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