Filing for Divorce

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Where the divorce should be filed is based on where the parties live. The divorce can be filed in the district court county where either party has lived for the last 90 days, as long as they have also lived in Texas for at least the last 6 months.

If the spouse filing for divorce lives outside of Texas, even if they are in another country, they can still file the suit in the county in Texas where the other person lives, as long as that person has lived in Texas for 6 months.

Texas Law

This section of the law lists the residency requirements for filing for divorce.

This section of the law allows "nonresident" spouses to file for divorce in Texas as long as their spouse has lived in Texas for at least the last six months.

Initial Divorce Forms

There is only one "official" divorce form in Texas. In 2017, the Texas Supreme Court approved forms for an agreed divorce without real property or minor children.

Even though there are not "official" forms for other situations, there are some good forms available online for free. The website TexasLawHelp.org is great place to find family law forms.

Approved by the Supreme Court of Texas for use in agreed, uncontested divorces that do not involve children or real property.

TexasLawHelp.org has created a toolkit for divorces where the family does not have minor children. The toolkit contains instructions, forms, frequently asked questions, and more. Instructions and forms for both agreed and default divorces are included.

TexasLawHelp.org has created a toolkit for divorces where the family has minor children. The toolkit contains instructions, forms, frequently asked questions, and more. Instructions and forms for both agreed and default divorces are included.

Texas Law Help has created a toolkit for divorces where the family has minor children and there is already a final custody order in place. The toolkit contains instructions, forms, frequently asked questions, and more. Instructions and forms for both agreed and default divorces are included.

E-Filing

E-filing is a way of filing court documents electronically, without having to send in paper copies to the clerk's office. Texas's eFileTexas.gov site uses guided interviews to help you create your forms. The website will ask you certain questions and use your answers to build your forms.

The e-filing website is free to use, though you may still need to pay standard filing fees with the court.

eFileTexas.gov's self-help page is intended for people who are filing without an attorney. To file for divorce using this site, click "Start a Filing" and then look for the "FAMILY CASES" interview.

Court Fees, Attorney Fees, and Temporary Support

If you can't afford the expenses of filing for divorce, there are some options available to you. You can request that the court waive the court fees by filing an Affidavit of Inability to Pay Court Costs.

You can also ask the judge to issue temporary orders for financial support before the divorce is final. This could include child support or spousal support. If you need a temporary order, it is always best to speak with an attorney for help.

Understanding the Law

This page from TexasLawHelp provides suggestions for people with low income who are going through a divorce.

TexasLawHelp.org explains the difference between a temporary order and a temporary restraining order and how they may be used in a family law case like divorce.

Forms

Request to waive court fees. Also known as an affidavit of indigency or a pauper's affidavit.

This FAQ from TexasLawHelp.org links to several forms for obtaining temporary orders. The forms are from Tarrant County but may be able to be modified for use in your jurisdiction. Please check with an attorney for assistance.