Family Law Resources

Filing for Divorce in Texas

Residency Requirements

• You or your spouse must have lived in Texas for at least 6 months


• You must have lived in the county where you file for at least 90 days

Step-by-Step Process

1. Complete the petition: Original Petition for Divorce (form varies by county)


2. File with the District Clerk: Submit to the district court in your county


3. Pay the filing fee: Approximately $300-$350


4. Serve your spouse: Must be formally served by constable, sheriff, or private process server


5. Wait 60 days: Texas has a mandatory 60-day waiting period


6. Answer deadline: Respondent has 20 days (plus Monday if deadline falls on weekend) to file an Answer


7. Finalize: Attend final hearing and submit decree

Grounds for Divorce

Texas allows both no-fault and fault-based grounds:

• No-fault: Insupportability (irreconcilable differences)


• Fault: Cruelty, adultery, felony conviction, abandonment, living apart 3+ years, confinement to mental hospital

Texas Family Courts

Family law cases in Texas are primarily handled by District Courts. Some counties also have specialized Family District Courts.

Major Court Locations

• Harris County (Houston): Family Law Center, 1115 Congress Ave


• Dallas County: George Allen Courts Building, 600 Commerce St


• Tarrant County (Fort Worth): Family Law Center, 200 W Belknap St


• Bexar County (San Antonio): Bexar County Courthouse, 100 Dolorosa St


• Travis County (Austin): Heman Marion Sweatt Courthouse, 1000 Guadalupe St

Texas Law Help

Visit TexasLawHelp.org for free legal information, forms, and self-help resources.

Self-Help Resources

Many Texas courts provide self-help packets and clinics for pro se litigants. Check your county's district clerk website.

Filing Fees in Texas

Current Fee Schedule (2025)

• Original Petition for Divorce: $300-$350 (varies by county)


• Answer/Counter-Petition: $40-$60


• Motion to Modify: $300-$350


• SAPCR (custody when not married): $300-$350

Statement of Inability to Afford

If you cannot afford filing fees, you can file a Statement of Inability to Afford Payment of Court Costs. You may qualify if:

• You receive SNAP, Medicaid, TANF, or SSI


• Your income is at or below 125% of federal poverty guidelines

Other Costs

• Service of process: $75-$150


• Certified copies: $1-$5 per page


• Amicus attorney (child's attorney): $3,000-$10,000+

Texas Legal Aid Organizations

Lone Star Legal Aid

Serves 72 counties in East and Southeast Texas

(800) 733-8394

lonestarlegal.org

Texas RioGrande Legal Aid

Serves 68 counties in Southwest Texas

(888) 988-9996

trla.org

Legal Aid of NorthWest Texas

Serves 114 counties in North and West Texas

(888) 529-5277

lanwt.org

Statewide Resources

TexasLawHelp.org

Free legal information, forms, and referrals

texaslawhelp.org

State Bar of Texas Lawyer Referral Service

(800) 252-9690

30-minute consultation for $20

Texas Advocacy Project

Free legal help for survivors of domestic violence

(800) 374-4673

texasadvocacyproject.org

Law School Clinics

• UT Austin School of Law - Family Law Clinic


• SMU Dedman School of Law - Family Law Clinic


• South Texas College of Law - Family Law Clinic


• Texas A&M Law - Family Law Practice

Court Self-Help Resources

Most Texas courthouses have self-help centers with:

• Free divorce and custody forms


• Instructions for filing


• Referrals to legal aid

Domestic Violence Resources

National Domestic Violence Hotline: 1-800-799-7233

Texas Council on Family Violence: tcfv.org

Income Guidelines

Most legal aid requires income below 125-200% of federal poverty level. A family of 4 typically qualifies with income under $75,000/year (varies by program).

Critical Deadlines in Texas

Answer Deadline

If served with divorce papers, you must file an Answer by 10:00 AM on the first Monday after 20 days from service. Failure to answer may result in default judgment.

60-Day Waiting Period

Texas has a mandatory 60-day waiting period from the date the petition is filed. Your divorce cannot be finalized until 60 days pass.

Temporary Orders

Temporary orders hearings are typically set within 14-30 days of filing a motion.

Discovery

In contested cases, the discovery period is typically 30 days (Level 1) or until 30 days before trial (Level 2).

Appeals

You have 30 days from the date of judgment to file a Notice of Appeal.

Modifications

Generally, you must wait 1 year after a final order to request modification, unless there's a material and substantial change in circumstances.

Texas's Unique Family Law Features

Conservatorship Terminology

Texas is the only state that uses "conservatorship" instead of "custody" and "possession and access" instead of "visitation."

Standard Possession Order (SPO)

Texas has a detailed statutory schedule called the Standard Possession Order that applies when parents live within 100 miles of each other. It provides a minimum baseline of time with the non-primary parent.

Community Property State

Texas is one of 9 community property states. Property acquired during marriage is presumed to be owned 50/50 unless proven to be separate property.

Fault Still Matters

Unlike many states, Texas still considers fault grounds when dividing property. If one spouse is at fault (adultery, cruelty), the court may award a disproportionate share to the innocent spouse.

Child's Voice

Children aged 12 or older have the right to sign a document stating which parent they wish to live with. The judge must consider this but is not bound by it.

Spousal Maintenance Limits

Texas has very restrictive spousal maintenance rules. Maximum duration is typically 5-10 years, and amount is capped at the lesser of $5,000/month or 20% of average monthly gross income.