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How to File for Divorce in Austin, TX

Step-by-step guide to filing for divorce in Austin, TX. Requirements, costs, and timelines. Texas is a community property state.

Property Type

Community

Filing Fee

$250–$350

Median Cost

$11,000–$45,000

Annual Divorces

80,000+

Understanding How to File for Divorce in Austin, TX

To file for divorce in Austin, TX, you must meet Texas’s residency requirement of 6 months state + 90 days county. The filing fee is $250–$350. There is a mandatory waiting period of 60 days before the divorce can be finalized.

Texas allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Cruelty, Felony conviction, Abandonment, Confinement for mental illness. Filing on fault grounds may affect property division or alimony awards.

An uncontested divorce in Texas typically costs $11,000 and takes 2–4 months. Contested cases average $45,000 and can take 12–18 months or longer. The governing statute is Tex. Fam. Code §6.001.

Common Questions

How long do you have to live in Texas to file for divorce?
Texas requires 6 months state + 90 days county of residency before you can file for divorce. Tex. Fam. Code §6.001 governs the filing requirements.
Is Texas a community property or equitable distribution state?
Texas follows community property rules, meaning marital assets are generally split 50/50.
How much does a divorce cost in Texas?
Filing fees in Texas range from $250–$350. The median total cost is approximately $11,000 for uncontested divorces and $45,000 for contested cases.
How long does a divorce take in Texas?
Texas has a mandatory waiting period of 60 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Texas?
Texas uses a Percentage of Income model, calculating support as a percentage of the non-custodial parent's income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about how to file for divorce in Austin, TX and is not legal advice. Verify current statutes with Tex. Fam. Code §6.001 or consult a licensed Texas attorney. Last reviewed March 2026.