How to File for Divorce in Texas Without a Lawyer

Filing for divorce in Texas without a lawyer, known as pro se divorce, is an option some Texans consider, especially for agreed divorces. While our firm is based in Michigan, we provide this general information for those navigating the Texas system. Specific procedures can vary by county, so always consult local resources.

Key Considerations for a Texas DIY Divorce

Texas law has specific requirements for divorce. We outline some fundamental aspects you need to be aware of if you choose to represent yourself.

Residency Requirements and Grounds for Divorce

To file for divorce in Texas, at least one spouse must have lived in Texas for at least six months and in a particular county for at least 90 days before filing. We stress that you must meet these criteria. Texas is a no-fault divorce state, meaning you can file based on "insupportability," which essentially means the marriage has broken down without reasonable expectation of reconciliation. Other fault grounds exist but are less common for DIY filings.

You will need to obtain the correct forms, typically starting with an "Original Petition for Divorce." The Texas Law Help website is a valuable resource for pro se litigants, offering forms and guidance. We encourage you to utilize such official resources.

The Filing and Service Process

After completing the Original Petition for Divorce and any other required documents (like information sheets for cases involving children), you file them with the district court clerk in the county where you meet residency requirements. A filing fee is required. We advise you to make copies for your records and for your spouse.

Your spouse must be formally served with the divorce papers. This can be done by a sheriff, constable, or private process server. Alternatively, if your spouse agrees to the divorce and is willing to cooperate, they can sign a "Waiver of Service." We recommend understanding the implications of a waiver before using this option.

Finalizing the Divorce

Texas has a mandatory 60-day waiting period after the petition is filed before a divorce can be finalized. If you and your spouse reach an agreement on all issues (property, children, etc.), you will prepare an "Agreed Final Decree of Divorce." Both parties sign this decree, and then one party must appear before a judge to "prove up" the divorce, essentially testifying that the agreement is fair and voluntary. We caution that if any issues are contested, the process becomes significantly more complex and legal assistance is highly advisable.

While a DIY divorce in Texas is possible for simple, uncontested cases, the legal system is intricate. We always recommend consulting with a Texas-licensed attorney to understand your rights, especially if children or significant assets are involved.