How Much Does a Divorce Cost in Texas? Filing Fees, Waivers and What Drives the Total

Last reviewed: October 17, 2026. This article is general information, not legal advice. Texas filing fees vary by county, so confirm the current amount with your county's district clerk before you file.

If you're wondering how much a divorce costs in Texas, the honest answer comes in two parts. The court's part is fairly small and is published in advance by each county's district clerk. Everything else, mostly lawyer time, depends on how much you and your spouse agree on. For a comparison with other states, see our guides to Virginia and California, and our explainer on who pays for a divorce.

Short answer: In Harris County and Travis County, the base filing fee for a divorce was $350 without children and $365 with children when we checked on October 17, 2026. Having your spouse served by a constable adds roughly $90 to $100 in those counties, and a signed waiver of service avoids that. If you can't afford court costs, you can file a Statement of Inability to Afford Payment of Court Costs instead of paying. Beyond these fixed costs, an uncontested divorce can stay inexpensive, while a contested one can cost many times more, mostly in attorney fees.

Texas divorce filing fees: what the clerk charges

Texas divorce cases are filed with the district clerk of the county where you or your spouse lives (after meeting the 90-day county residency rule above). Most of the base fee is set by state law, so the main number is similar across counties, but each clerk adds its own charges for citations, service and copies.

The base fee is built from two statutory pieces:

• State consolidated fee: $137. Local Government Code 133.151(a) requires the district clerk to collect "a fee in the amount of $137 on the filing of any civil, probate, guardianship, or mental health case".
• Local consolidated fee: $213. Local Government Code 135.101(a) sets "a local consolidated filing fee of: (1) $213 on filing any civil case except a probate, guardianship, or mental health case".

Together that's $350. Cases involving children carry an extra $15 domestic relations fee, which is why the total rises to $365.

Here's what two large counties listed on October 17, 2026:

The Harris County schedule sums it up in its own formula: "Applicable Filing Fee + Process Issuance Fee + Fee for Serving Process = Total Fee". Travis County also notes a 3% convenience fee on credit card payments. Other counties may differ slightly, so check your own district clerk's fee schedule, which is usually posted online.

Fee waivers: the Statement of Inability to Afford Payment

Texas doesn't require you to pay court costs if you genuinely can't afford them. Texas Rule of Civil Procedure 145, as amended by the Supreme Court of Texas in 2021, says:

"A party who cannot afford payment of court costs must file the Statement of Inability to Afford Payment of Court Costs approved by the Supreme Court or another sworn document containing the same information."

A few practical points from the rule:

• "Costs" is broad. It includes filing fees, fees for issuing and serving process, and copy fees.
• The clerk must give you the form for free and, once you file a sworn Statement, must docket the case and issue citation as usual.
• "Sworn" means signed before a notary or made under penalty of perjury.
• The judge can review it. As TexasLawHelp explains, "The judge will then decide if you can afford the court fees."

TexasLawHelp.org has the current form and instructions. Legal aid organizations can also help you fill it out.

Service of process, and how to skip it

Your spouse has to be formally notified of the divorce. You have two main options:

1. Formal service. The clerk issues a citation ($8 in Harris and Travis counties), and a constable, sheriff or private process server delivers it. In Harris County the constable fee listed is $85; in Travis County it's $90. Certified mail service through the clerk is another option in both counties.
2. Waiver of service. If your spouse is cooperative, they can sign a waiver. Tex. Fam. Code 6.4035(a) allows a party to "waive the issuance or service of process after the suit is filed" by filing a waiver acknowledging receipt of the petition. Under 6.4035(c), the waiver "must be sworn before a notary public who is not an attorney in the suit", unless the person signing is incarcerated.

A waiver costs nothing beyond any notary fee, so it's one of the easiest ways to save money in an agreed divorce.

What drives the rest of the cost

The filing fee is the small, predictable part. The rest depends on a few factors.

Uncontested vs contested

In an uncontested divorce, you and your spouse agree on dividing property and debts and, if you have children, on conservatorship, possession and child support. Costs are mostly the filing fee, a waiver of service, and drafting the final decree, which you can do yourself with TexasLawHelp forms or have a lawyer prepare. Because Texas requires at least 60 days from filing, even the fastest case takes about two months.

A contested divorce adds:

• attorney time for pleadings, negotiation, temporary orders hearings and trial;
• discovery (document requests, interrogatories, depositions with court reporter fees);
• experts such as appraisers, forensic accountants or custody evaluators;
• more court appearances, each billed by the hour.

Our article on whether it's worth contesting a divorce walks through when a fight is likely to pay off.

Children

Cases with children cost more even at the filing stage ($15 more in the counties above), and much more if custody is disputed. Negotiating a parenting plan, custody evaluations, and any attorney the court appoints to represent the child's interests can all add expense.

Mediation

In mediation, a neutral person helps you and your spouse negotiate a settlement. Resolving issues there is usually much cheaper than litigating each one in court. Private mediators set their own fees, which spouses commonly split. Ask your district clerk or local courts whether mediation is required in your county and whether a low-cost program is available.

Lawyer fees: hourly vs flat fee

We haven't found an official, reliable statewide average for Texas divorce lawyer fees, so we won't quote one. What you can expect is one of two main arrangements:

• Hourly billing with a retainer. You pay an upfront deposit, and the lawyer bills time against it at an hourly rate (often a lower rate for paralegals). Contested cases are almost always billed this way, because no one can predict how long the dispute will last.
• Flat fee. Some lawyers charge a fixed price for a defined task, such as an uncontested divorce with a signed agreement or drafting a decree. Ask exactly what's included and what triggers extra charges.
• Limited-scope help. Some lawyers will review your agreement or coach you through a hearing while you handle the rest.

The main factors are the lawyer's experience and location, how much property and debt you have, whether there's a business or retirement accounts to divide, whether children are involved, and how cooperative both spouses are.

Who ends up paying

Each spouse usually pays their own lawyer, but Tex. Fam. Code 6.708(c) allows the court to award "reasonable and necessary attorney's fees, court costs, and expenses" and order them paid directly to the attorney. Spousal maintenance after the divorce is a separate question; see how spousal maintenance works in Texas.

Practical ways to keep a Texas divorce affordable

• Agree on as much as possible before filing, and put it in writing.
• Use a waiver of service instead of a constable.
• File the Statement of Inability if you can't afford costs.
• Try mediation for property or parenting disputes.
• Gather your financial records yourself.
• Ask any lawyer for a written fee agreement that explains the rate, retainer and billing increments.

Other states

Costs and rules work differently elsewhere. See how much a divorce costs in Florida, Georgia, New York, California and Virginia.

Sources

• Texas Family Code Chapter 6 (§§ 6.301, 6.4035, 6.702, 6.708): Texas Legislature
• Texas Local Government Code § 133.151, state consolidated fee: Texas Legislature
• Texas Local Government Code § 135.101, local consolidated fee: Texas Legislature
• Harris County District Clerk, Civil and Family Filing and Service Fees: hcdistrictclerk.com
• Travis County District Clerk Filing Fees, effective January 1, 2026: traviscountytx.gov
• Supreme Court of Texas, Misc. Docket No. 21-9077, amended Rule 145: txcourts.gov
• TexasLawHelp, I cannot afford my court fees: texaslawhelp.org