Calari Legal
How to File for Divorce in Texas Without a Lawyer
Many Texas divorces, especially uncontested ones, are completed by spouses who represent themselves. Here are the key rules and the usual order of steps.
Texas divorce requirements
- Residency: one spouse must have lived in Texas for the past 6 months and in the filing county for the past 90 days (Tex. Fam. Code § 6.301).
- No-fault ground: a divorce can be granted because the marriage has become "insupportable" (§ 6.001). You don't have to prove fault.
- Waiting period: the court generally can't grant the divorce until at least 60 days after the petition was filed (§ 6.702). Exceptions exist for certain family-violence cases.
- Property: property acquired during the marriage is presumed to be community property (§§ 3.002–3.003), and the court divides the community estate in a manner it considers "just and right" (§ 7.001).
- Children: if you have children together, the divorce must also decide conservatorship, possession, and child support (see the custody guide).
Step by step
Check residency
Confirm the 6-month Texas and 90-day county requirements.
Prepare the Original Petition for Divorce
List the grounds, any children, and how you want property and debts divided.
File with the district clerk
E-file through eFileTexas.gov or file in person. Ask about fee-waiver options if you can't afford the fees (Tex. R. Civ. P. 145).
Serve your spouse or get a waiver
Your spouse must be served, or can sign a waiver of service after the petition is filed (Tex. Fam. Code § 6.4035).
Wait at least 60 days
Use this time to negotiate an agreed final decree and complete any required parenting class.
Finalize
Submit an agreed decree or, if your spouse doesn't answer, request a default with the required supporting documents (including a military-status declaration), then attend the final ("prove-up") hearing.
Frequently asked questions
What is an uncontested divorce?
One where both spouses agree on every issue (property, debts, and any children) and sign an agreed final decree. It's usually faster and less expensive.
What if my spouse won't sign anything?
After proper service, if your spouse doesn't file an answer by the deadline, you may be able to proceed by default. The court will still require proof of service and other documents.
Can I change my name back in the divorce?
Yes. The court can order a change back to a name you used before the marriage as part of the decree (Tex. Fam. Code § 6.706). For a standalone name change outside divorce, see our Texas Adult Name Change Chapter 45 guide.
Related guides
- Texas Child Custody Without a Lawyer: A Step-by-Step SAPCR Guide
- How to File an Adult Name Change in Texas Without a Lawyer (Chapter 45)
- How to Waive Texas Court Filing Fees Under TRCP Rule 145
- Enforcing a Texas Custody or Child Support Order
- Find your Texas county
CALARI LLC is an active Texas Comptroller vendor registered on the Centralized Master Bidders List (CMBL #558798 | VID: 1862726459300). Eligible for direct departmental spot-purchases under the statutory $5,000 threshold and County Law Library Fund allocations.
Last reviewed 2026-10-27. Laws change. Confirm current rules with the court clerk or an attorney.