Filing a Divorce without Children

A divorce:

• Ends your marriage,

• Divides your property and debts, and

• Can change a spouse’s name back to a previous name if requested.

You can file for divorce in Texas if:

• You or your spouse have lived in Texas for at least six months, and

• You’ve lived in the county where you’re filing for at least 90 days.

Texas Family Code Section 6.301.

You can file for divorce in Texas even if you or your spouse are stationed outside of the state, as long as Texas remains your home state.

Texas Family Code Section 6.303.

To start your divorce, you’ll need:

• Original Petition for Divorce: This document officially begins your case.

• Civil Case Information Sheet: You may need this if you file in person instead of online.

TexasLawHelp's toolkit I need a divorce. We do not have minor children contains the forms and instructions you need to complete your divorce.

The cost of filing for divorce varies by county. Typically, you’ll need to pay a filing fee and possibly other fees for serving your spouse. If you can’t afford the fees, you can ask the court to waive them by filing a Statement of Inability to Afford Payment of Court Costs. Learn more by reading Court Fees and Fee Waivers.

In most cases, you must wait at least 60 days after filing before the divorce can be finalized. The only exceptions to this waiting period involve family violence. A divorce may take longer than 60 days depending on how complicated it is and what the court’s caseload is.

See Texas Family Code 6.702.

Divorce can be a dangerous time. If you are concerned about your safety or the safety of your children, call the National Domestic Violence 24-Hour Hotline at 800-799-SAFE (7233). They can refer you to help in your community.

In an emergency, call 911.

Attach a copy of any protective order involving you or your spouse to your Original Petition for Divorce.

You don’t have to hire a lawyer, but it’s a good idea if:

• Your case is contested (you and your spouse don’t agree on the terms),

• Your spouse has a lawyer, or

• You or your spouse own significant property or have a lot of debt.

If cost is a concern, you might be able to find free or low-cost legal help. You can also hire a lawyer for limited services, such as reviewing documents or helping with specific steps in the process.

Your spouse cannot stop you from getting a divorce. Texas is a no-fault divorce state, which means you can get a divorce even if only one spouse believes the marriage can’t be saved.

See Texas Family Code 6.001.

Most people do not qualify for an annulment or an order declaring their marriage void. If you're considering these options, learn more in the guide I want to annul or void my marriage.

Texas does not have legal separation. If you want to end your marriage, you must file for divorce. You don’t need to be separated to file. Learn more in Alternatives to Legal Separation in Texas.

Yes. Your spouse has the right to know if you file for divorce.

Texas is a community property state, but property (including retirement accounts) and debts acquired during the marriage are generally divided in a way that the court considers “just and right.” This doesn’t always mean a 50–50 split. Separate property is not divided. Separate property, like things you inherited, or owned before the marriage, is not divided. Read the article Dividing Your Property and Debt in a Divorce to learn more.

Your divorce does not affect a creditor’s right to collect a debt. So, if your Final Decree of Divorce orders your spouse to pay a debt that is in both of your names (such as a mortgage or car loan) but your spouse doesn’t pay it, the creditor can still seek payment from you. Ask a lawyer how to protect yourself in this situation.

The TexasLawHelp.org divorce forms do not include continued health insurance for a spouse after divorce. Talk with a lawyer right away if you need continued health insurance coverage from your spouse. If the insurance is cut off, you may not be able to get it back.

It depends. If your divorce is uncontested, you might not need to go to court. Uncontested divorces happen when you and your spouse agree on all terms or when your spouse doesn’t respond after being served. Check with the clerk's office to see if you need to appear in court to finalize your divorce.

If your divorce is contested (you and your spouse don’t agree), you will need to attend a court hearing. You must give your spouse at least 45 days’ notice of the hearing. It’s a good idea to talk to a lawyer if your case is contested.