Minimum period or timing rule
Generally at least 60 days after filing. Statutory family-violence exceptions and the court schedule must be considered separately; do not confuse this with the response period.
Prepare for a divorce case in Texas.
This page organizes the recorded statewide starting rules and official sources for Texas. Court location, local forms, fees, service, deadlines and individual eligibility still require confirmation before filing.
Source record reviewed: 2026-10-29 · Page updated: 2026-11-03 · Not attorney-certified legal advice
STATE SNAPSHOT
Timing and financial issues need separate review.
Classification and division
The just and right standard applies to division of community property; do not assume an automatic 50-percent outcome. Separate-property claims and debt responsibility require separate review.
Guidance and official links
Divorce Filing Path provides an intake roadmap and source links for this jurisdiction. Selected official PDF drafting is not currently offered for this state; do not purchase expecting state-form generation.
PREPARATION ROADMAP
Use this order before filing.
- 01
Confirm residence and filing eligibility
General rule: the same spouse must have been a Texas domiciliary for at least 6 months and a resident of the county of filing for 90 days. Special rules for a spouse filing from outside the state and for military service require separate review. Record actual dates and do not combine two people’s residence periods unless the controlling rule expressly allows it.
- 02
Identify the correct court and county
Use the official statewide source to locate the trial court or clerk. Confirm venue, the family-law filing location, accepted filing method, current fee and required local packet.
- 03
Select the procedure that matches the facts
Check whether the state distinguishes regular, joint, simplified, summary, contested or uncontested procedures. Agreement alone does not prove eligibility for a shorter procedure.
- 04
Collect the facts requested by the forms
Prepare legal names, marriage and separation dates, residence history, children’s information, income, expenses, assets, debts, requested relief and existing orders.
- 05
Prepare opening documents without inventing events
Complete only facts you know. Leave clerk, court, signature, notarization, service and later-event fields for the correct person and stage.
- 06
File and complete valid notice
A draft or download is not a filed case. Follow the clerk’s instructions and record service or waiver only after the legally effective event occurs.
- 07
Address disclosure, children and unresolved issues
Use current financial, child-jurisdiction, parenting and support documents. Settlement terms should match the procedure and be reviewed before rights are waived.
- 08
Obtain and review the final judgment
A waiting or separation period does not itself end a marriage. Confirm entry and the effective date from the court’s signed or entered order.
RESIDENCE CHECK
Which same spouse has been a Texas domiciliary for at least 6 months and a resident of the selected county for at least 90 days immediately before filing?
The ordinary § 6.301 rule requires the same spouse’s Texas domicile for 6 months and county residence for 90 days. Under § 6.302, a spouse domiciled outside Texas may file in the current county of the Texas spouse who has 6 months domicile. §§ 6.303–6.304 separately address public-service absence and qualifying military personnel/spouses; personal jurisdiction under § 6.305 is another question.
This intake question helps organize facts; it does not decide domicile, jurisdiction or venue for an individual case.
IMPORTANT STATE NOTES
Questions to verify before relying on a packet
- The Texas Supreme Court-approved simple packet is for agreed cases with no minor children together and no real property; it is not suitable for every case.
- If children or a previous custody order are involved, choose the appropriate packet identified by the State Law Library.
- The final decree, service or a valid waiver, local standing orders and any required retirement orders must be prepared separately.
OFFICIAL FORM STARTING POINTS
Forms and packets identified in the current review
Open the official page and read the current instructions. A listed document may be conditional or require local additions.
Original Petition for Divorce / Final Decree — appropriate case packet
Opening and final-decree packet appropriate to the case; the simple packet has limited scope.
Open official starting point ↗Divorce with Children / Existing Custody Order packets
Separate packet based on the children and any existing custody order.
Open official starting point ↗Statement of Inability to Afford Payment of Court Costs
Request for people unable to afford court costs.
Open official starting point ↗PRIMARY SOURCES
Verify with the official source
Rules, forms, fees and local procedures can change. These links are the controlling starting points; the explanations on this site are preparation guidance, not a substitute for the current source.
- Texas State Law Library · Filing and packet selection ↗Official or recorded public starting source
- Texas · Finalizing the divorce ↗Official or recorded public starting source
- Texas · Scope of the approved simple forms ↗Official or recorded public starting source
- Texas Family Code · Chapter 7 ↗Official or recorded public starting source
- Texas Family Code chapter6 official current resource ↗Official or recorded public starting source
- Texas Second Court of Appeals — Rullman v.Rullman2026 opinion ↗Official or recorded public starting source
- Texas First Court of Appeals — Willig v.Diaz2016 opinion ↗Official or recorded public starting source