Were you served, or are you filing, in Texas? Learn the fee, wait and residency rule.
Texas Divorce: Filing Fee, Waiting Period, Residency
Texas in short
Texas's divorce filing fee is $350 to $365. (hcdistrictclerk.com) Texas's waiting period: 60 days. (statutes.capitol.texas.gov) Texas's residency rule: petitioner or respondent a domiciliary of Texas for the preceding 6 months and a resident of the county of filing for the preceding 90 days (Tex. Fam. Code 6.301). (statutes.capitol.texas.gov) Texas is a community property state. (irs.gov) Texas's alimony rule: yes; court-ordered maintenance capped at the lesser of $5,000 a month or 20 percent of income, generally needs a 10-year marriage (Tex. Fam. Code ch. 8). (recordinglaw.com)
Checked October 14, 2026
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Uncontested divorce in Texas
- Court filing fee
The petition filing fee in Texas is $350 to $365.
How this was read
Varies by county: the clerk where the case is filed sets the exact amount.
Source note: varies by county (district clerk); Harris County District Clerk schedule effective 1/1/2026: divorce without children $350, with children $365 (adds a $15 domestic relations fee); Travis County District Clerk total base fee $350 ($213 local consolidated plus $137 state consolidated) effective 1/1/2026; service is extra; FindLaw's $300 is outdated.
Source: hcdistrictclerk.com
- Fee waiver
A fee waiver path is recorded for Texas: Statement of Inability to Afford Payment of Court Costs.
Source: national chart
- Residency before filing
Petitioner or respondent a domiciliary of Texas for the preceding 6 months and a resident of the county of filing for the preceding 90 days (Tex. Fam. Code 6.301).
Source: statutes.capitol.texas.gov
- Waiting period
The waiting period in Texas is 60 days.
How this was read
Court may not grant a divorce before the 60th day after the suit was filed; no wait when the respondent has a family violence conviction or deferred adjudication or the petitioner holds an active protective order (Tex. Fam. Code 6.702).
Source: statutes.capitol.texas.gov
- Mediation
Mediation rule recorded for Texas: court may refer.
How this was read
On written agreement of the parties or on its own motion the court may refer a divorce suit to mediation (Tex. Fam. Code 6.602(a)).
Source: no link recorded
Texas divorce rules at a glance
| Rule | Texas | Source |
|---|---|---|
| Filing fee | $350 to $365 | hcdistrictclerk.com |
| Separation required | No | national chart |
| Residency | Petitioner or respondent a domiciliary of Texas for the preceding 6 months and a resident of the county of filing for the preceding 90 days (Tex. Fam. Code 6.301) | statutes.capitol.texas.gov |
| Property regime | Community property | irs.gov |
| Waiting period | 60 days | statutes.capitol.texas.gov |
| Child support model | Percentage of income (varying) | ncsl.org |
| Alimony rule | Yes; court-ordered maintenance capped at the lesser of $5,000 a month or 20 percent of income, generally needs a 10-year marriage (Tex. Fam. Code ch. 8) | recordinglaw.com |
| Fee waiver | Yes (Statement of Inability to Afford Payment of Court Costs) | national chart |
| Mediation | Court may refer | no link recorded |
Checked October 14, 2026. Not recorded for Texas: parenting class rule.
Texas in detail
Texas's residency rule reads: petitioner or respondent a domiciliary of Texas for the preceding 6 months and a resident of the county of filing for the preceding 90 days (Tex. Fam. Code 6.301). (statutes.capitol.texas.gov) Texas's waiting period (60 days): court may not grant a divorce before the 60th day after the suit was filed; no wait when the respondent has a family violence conviction or deferred adjudication or the petitioner holds an active protective order (Tex. Fam. Code 6.702). (statutes.capitol.texas.gov) On separation: FindLaw state table shows no separation requirement; insupportability is the no-fault ground (Tex. Fam. Code 6.001); 3 years living apart is a separate ground. (no link recorded) Texas's filing fee ($350 to $365): varies by county (district clerk); Harris County District Clerk schedule effective 1/1/2026: divorce without children $350, with children $365 (adds a $15 domestic relations fee); Travis County District Clerk total base fee $350 ($213 local consolidated plus $137 state consolidated) effective 1/1/2026; service is extra; FindLaw's $300 is outdated. (hcdistrictclerk.com) Texas's mediation rule: court may refer; on written agreement of the parties or on its own motion the court may refer a divorce suit to mediation (Tex. Fam. Code 6.602(a)). (no link recorded) Texas's alimony rule: yes; court-ordered maintenance capped at the lesser of $5,000 a month or 20 percent of income, generally needs a 10-year marriage (Tex. Fam. Code ch. 8). (recordinglaw.com)
Steps and minimum times in Texas
- Before filing, residency. Petitioner or respondent a domiciliary of Texas for the preceding 6 months and a resident of the county of filing for the preceding 90 days (Tex. Fam. Code 6.301). (statutes.capitol.texas.gov)
- Filing. Texas court fee $350 to $365. (hcdistrictclerk.com)
- Earliest possible decree. 60 days in Texas: court may not grant a divorce before the 60th day after the suit was filed; no wait when the respondent has a family violence conviction or deferred adjudication or the petitioner holds an active protective order (Tex. Fam. Code 6.702). (statutes.capitol.texas.gov)
What filing costs in Texas
- Court filing fee: $350 to $365 (hcdistrictclerk.com)
- Fee waiver: Yes (Statement of Inability to Afford Payment of Court Costs) (national chart)
Official sources for Texas
Questions about Texas
How much is Texas's divorce filing fee?
$350 to $365. Fee waiver: yes (Statement of Inability to Afford Payment of Court Costs). (hcdistrictclerk.com)
How long is Texas's waiting period for divorce?
60 days. Court may not grant a divorce before the 60th day after the suit was filed; no wait when the respondent has a family violence conviction or deferred adjudication or the petitioner holds an active protective order (Tex. Fam. Code 6.702). (statutes.capitol.texas.gov)
What is Texas's residency rule for divorce?
Petitioner or respondent a domiciliary of Texas for the preceding 6 months and a resident of the county of filing for the preceding 90 days (Tex. Fam. Code 6.301). (statutes.capitol.texas.gov)
Does Texas have an alimony formula?
Yes; court-ordered maintenance capped at the lesser of $5,000 a month or 20 percent of income, generally needs a 10-year marriage (Tex. Fam. Code ch. 8). (recordinglaw.com)
Does Texas require mediation?
Court may refer. (no link recorded)
How this page is built
Each rule here is one cell of the 51-row divorce dataset behind the national chart, with its source. Unrecorded cells are left out. Lawyers' fees are not sourced or counted. General information, not legal advice.