Case Guide ›

1. Filing your case

Choose the right case type and TexasLawHelp.org guide (see What to file). Fill out the petition completely, in blue or black ink or typed, without leaving blanks. If you can't afford the fees, file a Statement of Inability to Afford Payment of Court Costs (Tex. R. Civ. P. 145).

Confirm residency and venue (divorce: 6 months in Texas and 90 days in the county, Tex. Fam. Code § 6.301).
Complete the petition and any exhibits (for example, the Out-of-State Party Declaration).
If your county has a standing order, attach it to your petition (check your county's standing order).
E-file at eFileTexas.gov or file in person with the district clerk. Give the clerk your mailing address and email.
Divorce petitions must disclose any protective order or pending protective-order application between the spouses and attach copies, if available (Tex. Fam. Code § 6.405).
Redact sensitive data such as SSNs and account numbers (Tex. R. Civ. P. 21c).
Note your cause number and court, and put them on every later filing.
If a child has ever received TANF or Medicaid, send a file-stamped petition to the OAG and keep proof (per TexasLawHelp.org).

Where a county has one, the standing order typically takes effect when the original petition is filed. It acts as a TRO for 14 days, then continues as a temporary injunction unless a party contests it at a hearing within those 14 days . It ends when a final order is signed or the case is dismissed.

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