Who Pays When Filing for Divorce in Texas?


Generally, in the state of Texas the person filing for divorce pays the initial filing fee. As of May 2011 the initial filing fee for divorce in Texas ranges from $233 to $262. However, even if you are the party to the divorce, you will eventually have to file paperwork with the court, and the court will charge you administrative fees to do so.

Residency Requirements

To file for divorce in Texas, at least one of the parties must have been a resident of Texas for 180 days (six months) prior to the date of filling. However, the party filing for divorce first does not have to be the person who meets the residency requirement.

Filing Fees

The Texas courts access a number of fees when one files for divorce or annulment. The person filing — that is, the person initiating the divorce — is responsible for paying the associated filing fees. The fee for a divorce depends on a number of factors, including whether children are involved. Many local courthouses list fees on their websites — you can also call the court clerk. As of May 2011, the filing fee for a divorce without children is $233, and with children it is $262.

Other Fees

Although the person who does not file for divorce, but is rather being sued for divorce, does not have to pay the initial filing fees, other fees can be access later. Any time you file a document with the court during your divorce, a fee may be accessed. Even if you do not wish to get divorced, you must still pay these administrative fees. For example, as of May 2011, if you request child support, the filing fee for that request is $12. Likewise, you will also need to pay a $1 fee to obtain a certified copy of the divorce judgment. The court also charges a District Clerk Records Archive Fee costing $5.


In Texas, divorce will be granted on the following grounds: cruelty, adultery, abandonment, living apart for three years or when one a spouse has been confined in a mental hospital or incarcerated. Texas also recognizes no-fault divorce.

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