Filing for divorce can be one of the most emotionally and legally overwhelming steps you'll ever take. If you're unsure where to start, you’re not alone. Many Texans considering divorce wonder: What documents do I file to start a divorce in Texas? Whether you’re filing on your own or with the help of divorce lawyers in Texas, you need to understand the key paperwork involved at the beginning of your case.
Read on to learn about the essential documents you’ll need to initiate a divorce proceeding in Texas, what each form does, and what to expect after filing. For personalized advice and guidance with your specific case, reach out to a Texas divorce lawyer near you for a confidential consultation.
Starting a Divorce in Texas: An Overview
Before any decisions about custody, property, or support can be made, the legal process needs to be set in motion. In Texas, that means preparing and filing specific divorce documents with the district court in the county where either spouse resides.
You’ll also need to meet the basic residency requirement: either you or your spouse must have lived in Texas for at least six months and in the county where you’re filing for at least 90 days.
What Documents Do I File To Start a Divorce in Texas?
To initiate a divorce proceeding in Texas, you must prepare and file the following key documents:
Original Petition for Divorce
The Original Petition for Divorce is the legal document that officially starts your divorce case. It outlines your request for a divorce and may include preliminary details about your marriage, property, children, and any temporary orders you're requesting (such as custody or restraining orders).
The petition must include:
- The full legal names of both spouses
- The date and location of the marriage
- A statement of jurisdiction and residency
- A description of minor children, if any
- The grounds for divorce
Texas allows for both no-fault and fault-based divorces. Most people choose no-fault divorce, simply stating that the marriage has become “insupportable” due to irreconcilable differences. However, if one spouse engaged in adultery, cruelty, or abandonment, that can be cited in a fault-based petition.
Civil Case Information Sheet
When you file the petition, you'll also need a Civil Case Information Sheet. This form provides the court with basic information about the type of case being filed, the parties involved, and whether any children are part of the case. Some counties now include this electronically, while others still require a separate physical form.
Citation and Waiver of Service
Once the petition is filed, your spouse must be officially notified. This is done through a citation, which is a court-issued notice that informs the other party of the pending divorce and gives them a deadline to respond.
There are two ways to handle service:
- Formal Service: A sheriff, constable, or private process server delivers the citation and a copy of the petition to your spouse.
- Waiver of Service: If your spouse agrees to the divorce and signs a waiver of service, you can skip the formal delivery process. However, the waiver must be notarized and filed with the court.
You must file proof of service (or the signed waiver) with the court to show that your spouse received notice.
Standing Orders (If Applicable)
Many Texas counties have standing orders that automatically apply once a divorce is filed. These are court orders that prohibit both parties from taking certain actions like hiding assets, canceling insurance, or moving children out of state without permission.
Your attorney or the county clerk can confirm if your county includes standing orders. If they do, a copy must be attached to the petition and served along with the citation.
Financial Disclosures and Supporting Documents
In Texas, both parties in a divorce must provide a full picture of their financial situation. This often includes filing a Sworn Inventory and Appraisement—a detailed listing of assets, debts, income, and expenses.
Sworn Inventory and Appraisement
This form typically includes:
- Bank account balances
- Retirement accounts and pensions
- Real estate holdings
- Personal property and valuables
- Business interests
- Credit card debt, loans, and other liabilities
The goal is to ensure both sides are transparent about finances so the division of property is fair and equitable. Some counties require this document to be filed with the court, while others require it only during the discovery phase.
Optional but Common Documents in a Texas Divorce
Depending on your specific situation, you may need to file or prepare additional documents, including:
Temporary Orders
If you need immediate help with child custody, support, use of the family home, or access to financial accounts, you can request temporary orders. These are short-term solutions that remain in effect while the divorce is pending.
Protective Orders
In cases involving domestic violence or threats, you may seek a protective order. This provides immediate legal protection by restricting the abusive spouse’s contact with you or your children.
Affidavit of Indigency
If you cannot afford court fees, you may file an Affidavit of Indigency (also called a Statement of Inability to Afford Payment of Court Costs). This form asks the court to waive fees based on your income and financial situation.
Local Forms and County-Specific Requirements
Even though the Texas Supreme Court provides standardized divorce forms, many counties require or prefer the use of local versions. Some courts have mandatory checklists or filing procedures that differ slightly from statewide rules.
Because each court may have its own way of handling divorce paperwork, working with experienced Texas divorce attorneys is highly recommended. They’ll ensure that everything is completed correctly and filed in the right place at the right time.
What Happens After You File the Divorce Documents?
Filing your divorce paperwork is a major first step, but it’s only the beginning of the legal process. Once you've submitted your documents to the court, a series of important steps follow before your divorce can be finalized. Here's what you can expect.
The Waiting Period Begins
In Texas, there is a mandatory 60-day waiting period before a divorce can be finalized. This waiting period begins on the day you file your Original Petition for Divorce. It gives both spouses time to consider their decisions and attempt settlement if possible.
There are only a few exceptions to this rule, typically involving domestic violence situations.
Your Spouse Is Formally Served
If your spouse hasn't signed a Waiver of Service, the court requires that they be officially served with:
- A citation (notice of the lawsuit)
- A copy of the petition for divorce
- Any standing orders or temporary restraining orders, if applicable
This service is usually handled by a constable, sheriff, or private process server. After service, you must file proof of service with the court.
If your spouse cannot be located, you may request service by publication, but this requires court approval and extra steps.
Your Spouse Has a Chance to Respond
Once served, your spouse has 20 days, plus the next Monday, to file a written response with the court. This response is their opportunity to agree, disagree, or raise their own claims regarding custody, property, and support.
If your spouse fails to respond, you may be eligible for a default judgment, meaning the court could finalize the divorce without their input.
Temporary Orders May Be Issued
If immediate decisions are needed—such as who will stay in the home, who gets custody of the children, or how bills will be paid—you or your attorney can request a temporary orders hearing. If the judge issues any temporary orders, they will stay in place until the divorce is finalized. That helps keep things stable during the process.
Discovery and Exchange of Financial Information
In many divorce cases, especially those involving property, debts, or children, both parties will go through a discovery phase. The goal is to ensure both sides have a complete and fair understanding of each other’s financial situation.
Mediation or Settlement Negotiations
Before going to trial, most Texas courts require mediation, especially if children or property disputes are involved. Mediation allows both parties to work out an agreement with the help of a neutral third party.
If you and your spouse reach a settlement, your attorneys can draft the Final Decree of Divorce reflecting your agreement. A judge will review and sign it, officially ending the marriage.
Final Decree of Divorce
The Final Decree of Divorce is the last document in your case. It outlines everything that’s been agreed to or decided by the court, including:
- Division of property and debts
- Child custody and visitation
- Child and spousal support
- Any other terms related to your divorce
Once signed by the judge, this decree becomes a binding court order.
Common Mistakes To Avoid When Filing Divorce Documents in Texas
Filing for divorce is a major legal step, and small mistakes during this process can create big problems down the road. Whether you're doing it on your own or with help from divorce lawyers in Texas, it's important to know what pitfalls to watch out for. Here's a look at some of the most common errors people make, and how to avoid them.
Using the Wrong Forms
Texas courts provide standardized divorce forms, but some counties require local versions. Using the wrong form or leaving out a required attachment—like copies of the local court’s standing orders—can result in delays or rejection of your filing.
Always confirm with your county clerk or attorney that you’re using the correct version of each form.
Filing in the Wrong County
To file for divorce in Texas, at least one spouse must have lived:
- In Texas for the past six months, and
- In the county where the divorce is filed for at least 90 days
If you file in the wrong county, your case may be dismissed, and you’ll have to start over.
Double-check residency requirements before submitting your petition.
Incomplete or Inaccurate Information
Missing or incorrect details—like wrong names, marriage dates, or addresses—can slow down your case. Inaccurate information about children or property can also create legal complications later.
Review every form carefully before filing, or have a divorce attorney check your paperwork.
Failing To Properly Serve Your Spouse
Texas law requires that your spouse be notified of the divorce by legal service of process, unless they sign a waiver of service. If you skip this step or do it incorrectly, your case can't move forward.
Hire a process server or constable to serve the citation, and make sure to file proof of service with the court.
Ignoring County-Specific Standing Orders
Many counties issue standing orders that automatically go into effect when a divorce is filed. These rules prohibit actions like hiding money, moving children, or canceling insurance.
Attach the standing orders to your petition if your county requires it, and follow them carefully throughout your case.
Not Disclosing Financial Information
Both spouses must provide honest and full disclosure of their financial situation. Leaving out debts, hiding assets, or refusing to complete the Sworn Inventory and Appraisement can hurt your credibility and affect property division.
Gather your financial documents early, and disclose everything accurately.
Missing the Waiting Period
Texas requires a minimum 60-day waiting period between the day you file and the day a judge can finalize your divorce. Trying to finalize too soon will result in delays.
Mark your calendar so you know when the earliest possible final hearing date will be.
Trying To Handle a Complex Case Without Help
DIY divorce can work in very simple cases, but when children, real estate, or retirement accounts are involved, things can get complicated quickly. Mistakes in how you divide assets or request custody could cost you later.
Consult a qualified Texas divorce attorney to review your case before finalizing anything.
Do I Need a Lawyer To File for Divorce in Texas?
While Texas allows you to file for divorce on your own, doing so can be risky, especially if children, property, or contested issues are involved. Divorce documents are legal pleadings, and any errors can cost you time, money, or important legal rights.
Working with experienced Texas divorce attorneys can give you peace of mind. They’ll ensure that your documents are complete, accurate, and properly filed, and they’ll help you avoid the stress of trying to manage everything alone.
Let Our Trusted Divorce Lawyers in Texas Help
At Bailey & Galyen, we know how overwhelming divorce can be. That’s why we’re here to take the legal burden off your shoulders. Our compassionate team of Texas family law attorneys will handle every step of your case, from the first petition to the final decree, so you can focus on your future, not the paperwork.
Call 844-402-2992 or contact us online today to schedule your free initial consultation. We’re available 24/7 and ready to help you take the first step with confidence.