Divorce in Texas, start to finish

Texas does not have a separate “simplified divorce” law the way Florida does. Every divorce here is the same lawsuit — a Suit for Dissolution of Marriage — whether it takes three months or three years. What changes is which of the three form sets a case falls into, and whether the case runs on the agreed track or through formal service. Reading that wrong is how people end up serving papers that were not needed, or missing ones that were.

Residency comes first. Family Code §6.301 requires one spouse to be “a domiciliary of this state for the preceding six-month period” and “a resident of the county in which the suit is filed for the preceding 90-day period.” Both parts matter: six months in Texas generally, ninety days in the specific county where the suit is filed. There is a separate rule for military members stationed elsewhere, at §§6.303 and 6.304.

The complete list for all three form sets and both tracks, not a shortlist — because which forms a case needs depends on facts only you and, if you need one, your lawyer can weigh. Each row says which set and track it belongs to and carries the form number and revision date clerks check. Every form here is free from TexasLawHelp.org, a project of Texas Legal Services Center built with the Texas Access to Justice Commission. It is not a substitute for a county’s own local forms and standing orders — see Section 3.

Every one of these is free. Download fresh each time — clerks reject superseded revisions. Full catalog and county local requirements: texaslawhelp.org.

Nobody explains this part, so here it is. Texas has no single statewide court that runs every case the same way — you’re filing in one of 254 counties, each with its own district clerk, its own local rules, and often its own standing order. The forms below are the statewide starting point every county accepts; what you layer on top depends on where you file.

Two dates drive almost everything in a Texas divorce: the day you file, and the day your spouse is served (or signs a waiver). Put them in and we’ll turn the real statutory rules into actual dates — then add them to Google Calendar, Apple Calendar or Outlook in one click.

These are the specific things that get Texas filings bounced, waivers rejected, or default judgments denied — every one of them costs weeks, in a county where “just wait for the next docket” can itself mean weeks.

Here’s the part that’s structurally different from equitable-distribution states like Florida: Texas is one of nine community property states. Also different from Florida and Connecticut — Texas courts have not required a mandatory sworn financial-disclosure exchange in every family case since a September 1, 2023 rule change removed the old TRCP 194.2 default requirement for family law. Disclosure now mostly happens by agreement or by formal discovery request, not by default statutory deadline. That makes it easier to skip — and easier to get burned by skipping.

What this is. A guide to Texas’s own process, built from the Texas Family Code (including §§ 3.003, 6.301, 6.302, 6.303, 6.304, 6.4035, 6.702, 7.001, and Chapter 8), the Texas Rules of Civil Procedure (including Rules 99, 119, and 145), and the current FM-Div and related forms published by TexasLawHelp.org, a project of Texas Legal Services Center built in partnership with the Texas Access to Justice Commission. Those forms are free, and this guide links you to them rather than reselling them.

What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what Texas, and where we could verify it, your likely county, requires of each path. Texas has 254 counties, each capable of its own local rules and standing orders; this guide cannot know which apply to you, and says so rather than guessing. If your case involves contested custody, a business, hidden assets, family violence, or a spouse with a lawyer, talk to an attorney — many offer free consultations, and one hour of advice is cheaper than a case that gets bounced or defaulted improperly.

Confirm current numbers with your clerk. Filing fees, local-rule requirements, and hearing procedures are set and changed at the county level. Where this guide could not verify an exact figure, link, or local requirement from an official source with confidence, it says “check with your county district clerk” instead of guessing.