Montgomery County Overview

County Seat: Conroe
Population: 640,000+ (3rd largest county in Texas)
District Clerk Location: Conroe

Montgomery County serves residents in Conroe, The Woodlands, Spring, Magnolia, Willis, and surrounding communities. This guide provides specific information for filing family law cases (divorce, annulment) in Montgomery County.

District Clerk’s Office

Main Office Location

Montgomery County District Clerk Melisa Miller, District Clerk

Montgomery County Courthouse 301 North Thompson Street, Suite 102 Conroe, Texas 77301

Mailing Address: P.O. Box 2985 Conroe, TX 77305

Phone: (936) 539-7800
Fax: (936) 538-8104
Website: www.mctx.org/districtclerk

Office Hours

Monday - Friday: 8:00 AM - 5:00 PM
Closed: Weekends and county holidays

Note: Arrive at least 30 minutes before closing if filing in person to allow time for processing.

Courts Handling Family Law Cases

Family District Courts

Montgomery County family law cases (divorce, annulment) are filed in the following courts:

9th District Court

  • Judge: Phil Grant
  • Court Coordinator: (936) 539-7809
  • Handles: Family law cases

221st District Court

  • Judge: Lisa Michalk
  • Court Coordinator: (936) 539-7821
  • Handles: Family law cases

359th District Court

  • Judge: Kathleen Hamilton
  • Court Coordinator: (936) 539-7859
  • Handles: Family law cases

410th District Court

  • Judge: K. Michael Mayes
  • Court Coordinator: (936) 539-7810
  • Handles: Family law cases

435th District Court

  • Judge: Patty Maginnis
  • Court Coordinator: (936) 539-7835
  • Handles: Family law cases

457th District Court

  • Judge: Bryan L. Coombs
  • Court Coordinator: (936) 539-7857
  • Handles: Family law cases

Court Assignment

  • Cases are assigned by rotation when the petition is filed
  • Your cause number will indicate your assigned court
  • Contact the coordinator for your assigned court to schedule hearings

Filing Your Case

E-Filing

Montgomery County participates in the Texas statewide e-filing system.

E-Filing Portal: eFileTexas.gov

Steps:

  1. Create free account at eFileTexas.gov
  2. Select “Montgomery County” and appropriate court
  3. Upload your Original Petition (PDF format)
  4. Pay filing fees online with credit/debit card
  5. Receive electronic confirmation

E-Filing Hours: 24/7 (filings reviewed next business day)

In-Person Filing

Location: District Clerk’s office (address above)

What to Bring:

  • Original signed petition
  • Civil Case Information Sheet
  • 2-3 copies of all documents
  • Payment for filing fees (cash, check, or credit/debit card)
  • Valid photo ID

Process:

  1. Go to District Clerk’s office, Suite 102
  2. Submit original and copies to clerk
  3. Pay filing fees
  4. Receive file-stamped copies and cause number
  5. Case is assigned to a court

Filing Fees

Divorce Petition: $320.00
Annulment Petition: $320.00
Fee Waiver (Indigency Affidavit): No fee if approved

Payment Methods Accepted:

  • Cash
  • Check or money order (payable to “Montgomery County District Clerk”)
  • Credit/debit cards (convenience fee applies)

Fee Waiver: If you cannot afford filing fees, file a Statement of Inability to Afford Payment of Court Costs with your petition. The court will review and approve/deny.

Service of Process

Serving Your Spouse

After filing, you must serve your spouse with the petition.

Options:

1. Waiver of Service (Recommended for Uncontested)

  • Free
  • Have spouse sign waiver after petition is filed
  • Must be notarized or sworn declaration
  • File executed waiver with clerk

2. Sheriff/Constable Service

  • Fee: $85.00 - $100.00
  • Request issuance of citation from clerk
  • Montgomery County Sheriff or Constable serves papers
  • Return of service filed with court

3. Private Process Server

  • Fee: $90.00 - $150.00 (varies by company)
  • Hire certified private process server
  • Must file return of service with clerk

Contact Information:

Scheduling Your Hearing

Uncontested Divorce Docket

Montgomery County courts have designated times for uncontested divorce hearings.

How to Schedule:

  1. Wait for service - Ensure waiver is filed or 20-day answer period has passed
  2. Wait 60 days - Cannot have hearing until day 61+ after filing
  3. Contact court coordinator - Call the coordinator for your assigned court
  4. Request prove-up setting - Ask for uncontested divorce prove-up hearing
  5. Provide information:
    • Your cause number
    • Party names
    • State case is uncontested
    • Whether respondent will appear

Court Coordinator Contact:

  • See “Courts Handling Family Law Cases” section above for your assigned court’s coordinator

Typical Hearing Times:

  • Usually scheduled in morning or afternoon dockets
  • 5-15 minutes per case

Notice Requirements:

  • 10 days notice to respondent if they didn’t waive service
  • Check with your court coordinator for specific notice requirements

What to Bring to Hearing

  • Original Final Decree (for judge to sign)
  • Extra copies of decree (2-3)
  • Original petition (file-stamped copy)
  • Proof of service (waiver or return)
  • BVS form (Bureau of Vital Statistics)
  • Valid photo ID
  • Original or certified copy of marriage certificate

Local Rules and Procedures

Standing Orders

Montgomery County has automatic standing orders that apply to all family law cases upon filing.

Standing orders prohibit:

  • Removing children from Texas without written permission
  • Transferring or disposing of community property
  • Withdrawing unusual amounts from accounts
  • Canceling insurance policies
  • Changing beneficiaries

Standing Order Document: Available on the District Clerk’s website and must be attached to your petition when filing.

Local Forms

Montgomery County uses statewide forms - no special local forms required for standard divorces and annulments, except for the standing order attachment.

Document Format Requirements

  • Standard Texas court formatting applies
  • 8.5” x 11” paper, double-spaced
  • 1-inch margins
  • 12-point font

Pro Se (Self-Represented) Litigant Information

Self-Help Resources in Montgomery County

Montgomery County Law Library

  • Location: 301 N. Thompson Street, Conroe, TX 77301
  • Phone: (936) 539-7850
  • Hours: Monday - Friday, 8:00 AM - 5:00 PM
  • Services: Legal research materials, forms, computer access
  • Note: Cannot provide legal advice

Tips for Pro Se Litigants in Montgomery County

Before Filing:

  • Review all forms carefully for completeness
  • Make copies of everything
  • Organize documents with tabs/labels
  • Confirm filing fees and payment methods
  • Attach standing order to petition

At the Courthouse:

  • Dress professionally
  • Be respectful to all court staff
  • Speak clearly and listen carefully
  • Don’t interrupt the judge or court staff
  • Turn off cell phones

Court Etiquette:

  • Address judge as “Your Honor”
  • Stand when speaking
  • Wait to be called
  • Answer questions directly and honestly

County-Specific FAQ

Q: How long does it take to get a hearing date in Montgomery County?

A: Typically 3-6 weeks from when you request it, depending on the court’s docket.

Q: Does Montgomery County require original marriage certificates?

A: Yes. You should bring your original or certified copy of your marriage certificate to the final hearing.

Q: Can I file my Final Decree at the same time as my petition?

A: No. The Final Decree cannot be filed until after the 60-day waiting period and after your hearing. Bring it to your prove-up hearing for the judge to sign.

Q: What happens if I miss my hearing date?

A: Your case may be dismissed for want of prosecution. Contact your court coordinator immediately to reschedule if you cannot attend.

Q: Does Montgomery County allow prove-ups by affidavit instead of live testimony?

A: No. Montgomery County courts typically require live testimony at the final hearing. The petitioner must appear in person.

Q: Where do I park at the courthouse?

A: Public parking is available in lots around the courthouse. Some parking is free, some paid. Check signs carefully. Allow extra time for parking and security.

Q: Is there security screening at the courthouse?

A: Yes. Allow extra time for security. Do not bring weapons, prohibited items, or large bags. Prohibited items include pocket knives, scissors, and sharp objects.

Important County Contacts

District Clerk’s Office

Court Administration

Montgomery County Law Library

  • Location: 301 N. Thompson Street, Conroe, TX 77301
  • Phone: (936) 539-7850
  • Hours: Monday - Friday, 8:00 AM - 5:00 PM

Legal Aid Organizations Serving Montgomery County

Additional Resources

Need Help with Your Montgomery County Case?

Texas Divorce Express provides professional document preparation for family law cases in Montgomery County and all other Texas counties.

Contact Us for Assistance Back to County Directory

This information is for educational purposes and does not constitute legal advice. Court procedures and requirements may change. Always verify current requirements with the Montgomery County District Clerk’s office. Information last updated: January 2026