How to File for Divorce in Texas: A Simple Guide for DFW Residents

Filing for divorce can feel like stepping into a world of forms, deadlines, and courthouse rules. The good news is that Texas has a straightforward process, and if you live in Dallas–Fort Worth, you can avoid a lot of headaches by knowing what to expect before you start.

Here’s a simple, step-by-step guide to filing for divorce in Texas.

Step 1: Make Sure You Qualify to File in Texas

Texas has two residency rules:

• You (or your spouse) must have lived in Texas for at least 6 months, and
• You must have lived in your DFW county for at least 90 days (Dallas, Collin, Denton, or Tarrant)

If you meet those two requirements, you can file.

Step 2: Decide if the Divorce Is Contested or Uncontested

Before filing, think about whether you and your spouse agree on the big issues:

• Custody and parenting time
• Child support
• Property and debt division
• Spousal support (if any)
• Who stays in the house
• How to handle retirement accounts

If you agree on everything, it’s uncontested, which makes the whole process faster and cheaper.

If even one thing is disputed, it’s contested, and you should expect attorneys, mediation, and possibly court hearings.

Step 3: Fill Out the Correct Divorce Forms

Texas uses different forms depending on:

• Whether you have minor children
• Whether you own property
• Whether your spouse is likely to contest the divorce

The main document is the Original Petition for Divorce.
This starts the process and tells the court what you’re requesting.

Most DFW residents file these forms electronically through their county’s system:

• Dallas County eFile
• Collin County eFile
• Denton County eFile
• Tarrant County eFile

If you don’t feel comfortable filling out the paperwork on your own, this is where hiring a lawyer helps avoid mistakes that cause delays.

Step 4: File the Petition in the Proper County

You’ll e-file the petition with the district clerk in your county. When you file:

• You’ll pay a filing fee (usually $300–$350 depending on the county)
• You’ll receive a cause number and assigned court
• The 60-day waiting period officially starts

Texas requires at least 60 days between filing and finalizing the divorce.

Step 5: Your Spouse Must Be Notified (Served)

Texas requires your spouse to be formally notified unless:

• They sign a Waiver of Service, or
• They voluntarily accept service from a process server

If they won’t cooperate, the court will require in-person service.

This step is non-negotiable—courts want proof that both spouses know a divorce is happening.

Step 6: Temporary Orders (If Needed)

If you have kids, bills, or safety concerns, you can request temporary orders, which decide things like:

• Who stays in the home
• Who pays which bills
• Temporary custody and visitation
• Temporary child support
• Communication rules
• Protective orders (if necessary)

This keeps life stable while the divorce moves forward.

Step 7: Exchange Financial Information

Texas requires full transparency. Expect to exchange:

• Pay stubs
• Tax returns
• Bank statements
• Credit card balances
• Retirement accounts
• Mortgage documents
• Debts and loans

DFW courts take financial honesty seriously. Hidden assets cause delays—and penalties.

Step 8: Mediation (Usually Required)

In most DFW counties, mediation is mandatory before going to trial.
A neutral mediator helps both spouses work toward a settlement on:

• Custody
• Child support
• Property
• Debts
• Alimony

Most divorces settle in mediation. Only a small percentage go to trial.

Step 9: Final Divorce Decree

Once you reach an agreement, the final document is the Final Decree of Divorce. This includes every detail about:

• Parenting time
• Holiday schedules
• Child support
• Property division
• Debt division
• Spousal maintenance
• Specific instructions both spouses must follow

One spouse attends a short court hearing (called a “prove-up”) to finalize it.
In uncontested cases, the hearing takes only a few minutes.

Step 10: The Judge Signs It—Your Divorce Is Final

Once the judge signs your decree, your divorce is legally complete.
Make sure you:

• Update banking and insurance
• Transfer titles
• Adjust parenting schedules
• Follow financial division orders
• Change passwords and accounts if needed

You’re officially done.

Final Thought: Filing for Divorce Is a Process—Not a Sprint

Texas divorce isn’t complicated once you understand the steps, but every family has unique needs. If your case involves kids, property, or conflict, talking to a family lawyer who knows your specific county—Dallas, Collin, Denton, or Tarrant—will make the process smoother and less stressful.

You don’t have to guess your way through this. There’s a clear path forward, and you don’t have to walk it alone.