How to File for Divorce in Texas Without a Lawyer (2025 Guide)
Texas law lets you handle an uncontested “pro se” divorce on your own—all the forms are online, e-filing is statewide, and most district judges will grant a simple divorce in a five-minute prove-up hearing. But DIY does not mean winging it. A missed deadline or wrong venue can force you to re-file (and repay) court fees, stalling the 60-day clock.
This 3,000-word guide breaks the process into clear, lawyer-tested steps, highlights key 2025 rule changes, and points you to the free form libraries, fee waivers, and e-filing portals the courts expect you to use. We also explain how a quick cash sale of an out-of-state home—for example, through our family-run team at IWillBuyYourHouseForCash.com – can fund filing costs or a post-divorce relocation without dipping into savings.
(Nothing here is personal legal advice; always verify local rules with the district clerk.)
1. Can You DIY Your Divorce? 5 Eligibility Checks
- Residency: Either spouse has lived in Texas for at least six months and in the filing county for 90 days.
- Agreement: You and your spouse have no contested issues—property, debts, parenting time, child support, or alimony.
- No ongoing bankruptcy.
- No current pregnancy.
- No complex assets (like multiple businesses) unless both spouses sign off on the split.
If any box above is unchecked, you can still file pro se, but the risks grow. Consider limited-scope legal help for thorny issues.
2. Texas Divorce Timeline at a Glance
| Timeline Stage | Earliest Day | What Happens |
|---|---|---|
| File Original Petition | Day 0 | Opens the case; clerk assigns cause number. |
| Service/Waiver | Day 1–30 | Spouse signs waiver or is served by constable/process server. |
| Mandatory Waiting Period | Day 1–60 | Texas Family Code § 6.702 bars final judgment for 60 days (family-violence waiver possible). |
| Final Decree & Prove-Up | Day 61+ | Judge reviews decree; grants divorce at quick hearing. |
Average uncontested divorces finalize around Day 70–90.
3. Step-by-Step: How to File for Divorce in Texas Without a Lawyer
Step 1. Download the Right Form Set
Head to TexasLawHelp.org and choose the packet that matches your case:
- “Divorce Set 1” – no minor children, no real property.
- “Divorce Set 2” – minor children, agreed parenting plan.
- “Divorce & SAPCR” – child custody dispute.
Each packet includes the Original Petition, Civil Case Information Sheet, and Final Decree templates.
Pro Tip: Use the interactive interview on eFileTexas Self-Help to generate fill-in-the-blank PDFs that the clerk will accept.
Step 2. Choose the Correct Venue
File in the district court (or county court with family jurisdiction) where either spouse meets the 90-day residence rule. Some urban counties assign all pro se divorces to a “family docket”—check the clerk’s website.
Step 3. Calculate and Prep Filing Fees
Typical 2025 base fees:
| County | No-kids divorce | With-kids divorce | Source |
|---|---|---|---|
| Bexar (San Antonio) | $350 | $401 | bexar.org |
| Tarrant (Fort Worth) | $350–$360 | $400–$410 | tarrantcounty.com |
| Travis (Austin) | $380 | $401 | traviscountytx.gov |
If money’s tight, attach a Statement of Inability to Afford Payment of Court Costs (fee-waiver). Judges grant waivers when income ≤ 125 % of federal poverty level.
Step 4. E-File Your Petition
Texas requires electronic filing for most civil cases. Create a free eFileTexas account, upload signed PDFs, and pay with a debit card or fee-waiver approval. You’ll receive a stamped copy—save it; you’ll need the file-marked petition later.
Step 5. Serve—or Get a Waiver From—Your Spouse
- Waiver of Service: The fastest route. Your spouse signs a notarized waiver after receiving the file-marked petition.
- Official Service: If they won’t sign, pay a constable or private process server (≈ $75) to deliver the Citation and petition.
Failure to serve correctly can void the case, so follow the clerk’s instructions precisely.
Step 6. Observe the 60-Day Waiting Period
Texas courts can’t finalize before Day 60 unless:
- A spouse has a recent family-violence conviction.
- A spouse holds a protective order.
Use the “cooling-off” phase to draft your Final Decree of Divorce, gather property-division exhibits, and complete any Parenting Plan.
Step 7. Exchange Required Disclosures
Texas Rule of Civil Procedure 194.4 now makes initial disclosures automatic—you must exchange bank statements, retirement balances, and insurance info within 30 days after your spouse’s answer or waiver is filed. (Skip if no assets and both waive.)
Step 8. Draft and Sign the Final Decree
- Attach Exhibit A for the property split.
- Attach Exhibit B parenting plan if children involved.
- Both spouses sign (and initial each page).
Judges won’t “fix” your decree—write clearly, double-check legal names, and spell out who will refinance or sell a home.
Step 9. Complete the Final Hearing (Prove-Up)
Book a date with the coordinator, bring:
- File-marked petition.
- Return of service or waiver.
- Signed final decree.
- BVS Form (vital statistics).
Expect 3–5 yes/no questions under oath: residency, children, pregnancy, agreement. The judge signs; the clerk time-stamps—you’re divorced.
Step 10. Wrap-Up Tasks
- File the decree with the county clerk’s Deed Records if a house is awarded.
- Send Employer’s Order to Withhold for child support.
- Update titles, beneficiaries, and estate documents within 30 days.
4. Special Situations and 2025 Rule Updates
Parenting-Class Orders
Texas still does not mandate a parenting class statewide, but judges may order a Parent Education and Family Stabilization Course case-by-case under Family Code § 105.009.
E-Notarization
As of March 1 2025, e-notary stamps are accepted in every Texas county. Remote notarization cuts a courthouse trip.
Mandatory Backup Power (if Dividing a Nursing-Home Cost)**
Recent storms pushed lawmakers to require backup power in nursing homes (§ 242.213). If you are divorcing to help an elderly parent qualify for Medicaid, know new costs may affect asset valuations.
Common DIY Pitfalls
- Filing in the wrong county.
- Forgetting to inventory retirement accounts—QDROs are separate orders.
- Not splitting mortgage liability—lender can still pursue the signer.
- Letting the decree contradict itself (e.g., possession schedule vs. holiday addendum).
5. Paying for a Pro Se Divorce
Even a DIY case runs $400–$900 when you add copies, process service, and notary fees. Options:
- Court fee waiver if you qualify (see Step 3).
- Selling unused assets—vehicles, collectibles.
- Rapid cash-out of an out-of-state house. If you still own a property in New Jersey, our family-run operation at IWillBuyYourHouseForCash.com buys homes as-is, with zero realtor commissions, often within 14 days. That infusion can cover filing fees, a new apartment deposit, or debt pay-offs—letting you start post-divorce life on solid footing. See How We Buy Houses and our testimonials for real-world examples.
6. Frequently Asked Questions
| Question | Quick Answer |
|---|---|
| Can I skip service if my spouse is missing? | Ask the judge for substituted service or service by publication via Texas Rule 106. |
| Will the judge divide debts 50/50 automatically? | Texas is a community-property state, but the judge only signs what you draft—spell out debt responsibility explicitly. |
| Does the 60-day clock restart if I amend the petition? | No, as long as the amendment doesn’t add new grounds or parties and keeps the original filing date. |
| Can we finalize by Zoom? | Many counties still allow remote prove-up—check the court coordinator’s calendar. |
| Is mediation required? | Some judges order mediation before trial in contested cases; uncontested pro se divorces usually skip it. |
7. Key Resources for Self-Represented Texans
- TexasLawHelp Divorce Guides & Forms – step-by-step packets and videos.
- Texas State Law Library – live chat with law librarians, sample pleadings.
- eFileTexas Self-Help – free portal to generate and file forms.
- District Clerk’s Office – confirm local fees and hearing dates.
- Fee-Waiver (Inability to Pay) Form & Instructions – TexasLawHelp.
8. Conclusion: Take Control — With Backup When You Need It
Filing for divorce in Texas without a lawyer is absolutely doable in 2025—if you’re organized, thorough, and realistic about your case’s complexity. Use the official resources, meet every deadline, double-check your decree, and you can dissolve your marriage with minimal cost and stress.
And if freeing up home equity would make the transition smoother, remember that our seasoned, BBB-accredited team can purchase your New Jersey property for cash – with no repairs, showings, or closing costs– so you can focus on what matters most: the next chapter of life.