How Much Does a Divorce Cost in Texas? Filing Fees by County (2026)

Texas has no single statewide divorce fee. Every district clerk charges a base amount set by state law, and many counties add local fees when the divorce involves children. The result is a narrow range: $350 for a divorce without children in all ten of the largest counties we checked, and $350 to $401 with children.

Where the $350 comes from

Two consolidated fees make up the base filing fee for a new civil case, including a divorce: a $137 state fee (Local Government Code § 133.151) and a $213 local fee (§ 135.101), for $350. Counties then add their own charges for divorces with children, such as a domestic relations office fee and a family protection fee, which is why the "with children" figure varies.

Filing fees in the ten largest counties

These figures come from each district clerk's published schedule. Check your clerk's current schedule before filing; counties update them, usually in January.

Your spouse's answer. None of these schedules lists a fee for filing a simple answer. A spouse who files a counterclaim (a counter-petition asking for their own relief) pays a counterclaim fee, which is $80 in every county above.

Serving the papers

If your spouse won't sign a waiver of service, a constable, sheriff or certified process server must deliver the citation, and that costs extra:

The clerk also charges a small fee to issue the citation (Harris lists $8). Private process servers set their own prices.

A waiver of service avoids this cost entirely. Your spouse signs it, before a notary, after the case is filed, and the case proceeds without formal service (Family Code § 6.4035).

Service by publication, for a spouse who can't be found, carries its own charges, which vary by county. Under Texas Rule of Civil Procedure 116, newspaper publication isn't required if you've filed a Statement of Inability to Afford Payment of Court Costs; the citation is then published on the state's court website instead.

If you can't afford the fees

You don't have to pay court costs you can't afford. Texas Rule of Civil Procedure 145(b) says a party who cannot afford them "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." The statement must be sworn before a notary or made under penalty of perjury.

Once it's filed, the clerk has no discretion to hold up your case. Under Rule 145(c)(3), the clerk "must, on the filing of a sworn Statement, docket the case, issue citation, and provide any other service that is ordinarily provided to a party." Proof that you receive means-tested government benefits, or that you're represented by a legal aid provider, is prima facie evidence that you can't pay (Rule 145(d)). The court can require payment only after notice and a hearing.

The official form is on the Texas courts' forms page, in English and Spanish.

Protective orders are free for the applicant. If you need protection from family violence, Family Code § 81.002 provides that an applicant "may not be assessed a fee, cost, charge, or expense" for filing, serving or entering a protective order.

What drives the total cost

Court fees are a small part of the cost of most Texas divorces. The large, variable parts are:

• Attorney's fees. Most family lawyers bill by the hour; the total tracks how much the spouses dispute. Some offer flat fees for agreed divorces or limited-scope help with a single task.
• Mediation. Many Texas courts send contested cases to mediation before trial, and mediators charge the parties.
• Parenting classes. Some counties require them by standing order, including Bexar and Denton. Under Family Code § 105.009(k), a court "may not order the parties to a suit to attend a course under this section if the parties cannot afford to take the course," and may direct them to a course offered on a sliding fee scale or without charge.
• Experts and appraisals. Business valuations, real estate appraisals and custody evaluations are billed separately.
• Dividing retirement accounts. A qualified domestic relations order usually has to be drafted.

We don't publish an average cost of divorce in Texas. The figures that circulate online come from unnamed surveys, and the range is too wide for an average to mean much.

Where these sections live

• Tex. R. Civ. P. 145 — Payment of costs not required
• Family Code § 6.4035 — Waiver of service
• Family Code § 81.002 — No fee for protective order applicants
• Local Government Code § 133.151 — State consolidated filing fee
• Local Government Code § 135.101 — Local consolidated filing fee
• Harris County District Clerk fee schedule