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Information about divorce in Texas with and without children.

Filing for Divorce

Where Do I File?

Where the divorce should be filed is based on where the parties live. The divorce can be filed in the district court county where either party has lived for the last 90 days, as long as they have also lived in Texas for at least the last 6 months.

If the spouse filing for divorce lives outside of Texas, even if they are in another country, they can still file the suit in the county in Texas where the other person lives, as long as that person has lived in Texas for 6 months. 

Texas Law

Initial Divorce Forms

There is only one "official" divorce form in Texas. In 2017, the Texas Supreme Court approved forms for an agreed divorce without real property or minor children.

Even though there are not "official" forms for other situations, there are some good forms available online for free. The website is great place to find family law forms.


E-filing is a way of filing court documents electronically, without having to send in paper copies to the clerk's office. Texas's site uses guided interviews to help you create your forms. The website will ask you certain questions and use your answers to build your forms.

The e-filing website is free to use, though you may still need to pay standard filing fees with the court.

Court Fees, Attorney Fees, and Temporary Support

If you can't afford the expenses of filing for divorce, there are some options available to you. You can request that the court waive the court fees by filing an Affidavit of Inability to Pay Court Costs.

You can also ask the judge to issue temporary orders for financial support before the divorce is final. This could include child support or spousal support. If you need a temporary order, it is always best to speak with an attorney for help.

Understanding the Law