File the Petition with the Appropriate Court

Once your Original Petition for Divorce is prepared and signed, the next step is to officially file it with the district court. Filing your petition is what legally initiates your divorce case and starts the 60-day waiting period.

Choosing the Right Court

District Court or Family Court

In Texas, divorces are filed in:

  • District Courts: Most counties use district courts for family law matters
  • County Courts at Law: Some counties designate specific county courts
  • Family District Courts: Larger counties may have dedicated family courts

Texas Divorce Express provides county-specific guidance on which court handles divorces in your county.

Which County?

File in the county where either you or your spouse meets the 90-day residency requirement. You can file in:

  • The county where you reside (if you’ve lived there 90+ days)
  • The county where your spouse resides (if they’ve lived there 90+ days)

Most people file in the county where they currently live.

Filing Methods

E-Filing (Electronic Filing)

Most Texas counties now use electronic filing systems. Texas Divorce Express handles eFiling on your behalf—no need to set up your own eFile account.

Benefits of our eFiling service:

  • Faster processing: Documents are received immediately
  • No account setup: We submit directly on your behalf
  • Automatic confirmation: You receive confirmation of filing
  • Easier tracking: Track your case through your member portal

In-Person Filing

You can also file in person at the district clerk’s office:

  1. Bring your original signed petition and copies
  2. Go to the district clerk’s office during business hours
  3. Submit your documents to the clerk
  4. Pay filing fees (courts usually require cash or cashier’s check—no personal checks; some counties accept credit cards—check with your county clerk)
  5. Receive file-stamped copies

Tip: Call ahead to confirm the clerk’s hours and accepted payment methods.

Filing by Mail

Some counties accept filing by mail:

  1. Mail your petition with a check for filing fees
  2. Include a self-addressed stamped envelope
  3. Include copies for the clerk to file-stamp and return
  4. Allow extra time for processing

Required Documents for Filing

Standard Documents

  • Original Petition for Divorce (No Children) - Original with signature
  • Civil Case Information Sheet - Provides case details (most counties no longer require this form)
  • Additional copies - Usually 2-3 copies of petition for the clerk

If Requesting Fee Waiver

  • Statement of Inability to Afford Payment of Court Costs
  • Supporting documentation (pay stubs, bank statements, etc.)

County-Specific Requirements

Some counties may require:

  • Standing orders - Automatic temporary orders to be attached to every petition
  • Local forms - County-specific information sheets
  • Notice forms - Required notices to parties

Texas Divorce Express includes all county-specific forms in your document packet.

Filing Fees

Standard Filing Fee

Filing fees vary by county but typically range from $250 to $350 for a divorce petition.

Pay Filing Fees Through Texas Divorce Express: You can pay your court filing fees through Texas Divorce Express—no need to set up a separate account with your county’s District Clerk. We handle the payment on your behalf when we eFile your documents.

Major county examples:

  • Harris County: ~$300
  • Dallas County: ~$315
  • Bexar County: ~$280
  • Travis County: ~$280

Fee Waiver (Indigency)

If you cannot afford the filing fee, you can request a fee waiver by filing a Statement of Inability to Afford Payment of Court Costs. The court will review your financial information and either:

  • Grant the waiver: You pay nothing to file
  • Deny the waiver: You must pay the full fee
  • Defer the fees: You pay after the case concludes

What Happens After Filing

You Receive

After filing, you’ll receive:

  1. File-stamped copy of petition - Shows the filing date (important!)
  2. Cause number - Your case’s unique identifier
  3. Court assignment - Which judge/court will handle your case
  4. Citation (if requested) - For serving your spouse

The Waiting Period Begins

Important: The 60-day waiting period starts on the date you file the petition. The divorce cannot be finalized until at least 60 days have passed (61st day or later).

Mark your calendar:

  • Day 1: Filing date
  • Day 60: Last day of waiting period
  • Day 61+: Earliest you can have final hearing

Court Assignment

Your case will be assigned to a specific court and judge. This is typically automatic based on:

  • Random assignment
  • Rotation system
  • Subject matter (family law)

The court assignment is shown on your file-stamped petition.

After Filing Checklist

Once you’ve successfully filed your petition:

  • Obtain file-stamped copies for your records
  • Note your cause number and court assignment
  • Keep your file-stamped petition in a safe place
  • Calculate your 61st day (earliest finalization date)
  • Prepare for the next step: serving your spouse

Next Steps

With your petition filed, you must now notify your spouse:

Next: Notification for the Other Party Back: Preparing Divorce Filing Documents

Common Questions About Filing

Can I file online from home?

If your county uses e-filing, yes! You can file from home 24/7. Texas Divorce Express can guide you through the e-filing process or handle it for you.

What if I make a mistake on my petition?

Minor errors can often be corrected by filing an amended petition. If you discover an error before filing, simply correct it on a new copy. After filing, consult with us about whether an amendment is needed.

How long does the clerk take to process my filing?

  • E-filing: Usually processed within 1 business day
  • In-person: Immediate (you walk out with file-stamped copies)
  • By mail: 1-2 weeks for processing and return

Do I have to file in the county where we were married?

No. You file in the county where either spouse currently lives (assuming the 90-day residency is met), regardless of where you were married.

What if the clerk rejects my filing?

The clerk may reject filings for technical reasons (missing signatures, wrong forms, insufficient fees). Review the rejection notice, correct the issue, and refile. Texas Divorce Express documents are prepared to meet court requirements and minimize rejections.

Can I file if I don’t have all the information about my spouse?

You must provide your spouse’s name and last known address. If you don’t know their current address, use the last address you have and indicate in your petition that their current address is unknown.

This information is for educational purposes and does not constitute legal advice. Filing requirements vary by county. Texas Divorce Express provides county-specific guidance and document preparation.