Updated October 16, 2026. Quick answer: The Supreme Court of Texas has approved Divorce Set 1 (uncontested, no minor children, no real property), which contains an Affidavit of Indigency, an Original Petition for Divorce, a Waiver of Service, a Final Decree of Divorce, a Certificate of Last Known Address, a Notice of Change of Address and an Affidavit of Military Status. The Travis County District Clerk’s family-suit fee schedule lists a total base fee of $350 (a $213 local consolidated fee plus a $137 state consolidated fee).
Texas divorce forms at a glance
| Item | What the documents say |
|---|---|
| Official forms | The Supreme Court of Texas has approved Divorce Set 1 (uncontested, no minor children, no real property), which contains an Affidavit of Indigency, an Original Petition for Divorce, a Waiver of Service, a Final Decree of Divorce, a Certificate of Last Known Address, a Notice of Change of Address and an Affidavit of Military Status. |
| Filing fee | The Travis County District Clerk’s family-suit fee schedule lists a total base fee of $350 (a $213 local consolidated fee plus a $137 state consolidated fee). |
| Fee waiver | Travis County’s District Clerk page says to file a Statement of Inability to Afford Payment of Court Costs to ask that filing fees be waived, and the court’s Divorce Set 1 includes an Affidavit of Indigency. |
| Residency before filing | A Texas divorce can be filed in the county where either spouse has lived for the last 90 days, as long as the spouses have also lived in Texas for at least the last 6 months (Family Code 6.301, as the State Law Library’s divorce guide describes it). |
| Waiting period | A Texas court may not grant a divorce before the 60th day after the suit was filed, with an exception for certain family-violence cases (Family Code 6.702, from the 2009 enrolled bill). |
| Settlement agreement | If a Texas court finds the terms of the spouses’ written agreement just and right, those terms are binding on the court, and an approved agreement may be set out in full or incorporated by reference in the final decree (Family Code 7.006(b), from the 2019 enrolled bill). |
| Source | Texas Judicial Branch / Supreme Court of Texas; Travis County District Clerk; Texas State Law Library; Texas Legislature |
The official forms
The Supreme Court of Texas has approved Divorce Set 1 (uncontested, no minor children, no real property), which contains an Affidavit of Indigency, an Original Petition for Divorce, a Waiver of Service, a Final Decree of Divorce, a Certificate of Last Known Address, a Notice of Change of Address and an Affidavit of Military Status.
The text itself:
- Divorce Set 1 Uncontested, No Minor Children, No Real Property INSTRUCTIONS: “an Original Petition for Divorce, a Waiver of Service”
- Divorce Set 1 Uncontested, No Minor Children, No Real Property INSTRUCTIONS: “Form Approved by the Supreme Court of Texas by order”
The forms are linked in the sources at the foot of this page. A court clerk or a lawyer decides which of them fits your case; this page does not.
The filing fee
The Travis County District Clerk’s family-suit fee schedule lists a total base fee of $350 (a $213 local consolidated fee plus a $137 state consolidated fee).
Fees change, and CMG’s table of divorce filing fees by state shows which states’ statutes it has read. If you cannot afford the fee: Travis County’s District Clerk page says to file a Statement of Inability to Afford Payment of Court Costs to ask that filing fees be waived, and the court’s Divorce Set 1 includes an Affidavit of Indigency.
The text itself:
- Family Division: Fees (Travis County District Clerk): “TOTAL BASE FEE $350”
- Family Division: Fees (Travis County District Clerk): “Statement of Inability to Afford Payment of Court Costs”
Residency and the waiting period
Residency: A Texas divorce can be filed in the county where either spouse has lived for the last 90 days, as long as the spouses have also lived in Texas for at least the last 6 months (Family Code 6.301, as the State Law Library’s divorce guide describes it).
Waiting period: A Texas court may not grant a divorce before the 60th day after the suit was filed, with an exception for certain family-violence cases (Family Code 6.702, from the 2009 enrolled bill).
The text itself:
- 81(R) HB 72: Enrolled version: Bill Text: “may not grant a divorce before the 60th day”
- Filing for Divorce: Divorce: Guides at Texas State Law Library: “has lived for the last 90 days”
- Filing for Divorce: Divorce: Guides at Texas State Law Library: “lived in Texas for at least the last 6 months”
Where a settlement agreement fits
If a Texas court finds the terms of the spouses’ written agreement just and right, those terms are binding on the court, and an approved agreement may be set out in full or incorporated by reference in the final decree (Family Code 7.006(b), from the 2019 enrolled bill).
The text itself:
- 86(R) HB 559: Enrolled version: Bill Text: “those terms are binding on the court”
- 86(R) HB 559: Enrolled version: Bill Text: “incorporate the agreement by reference in the final decree”
CMG’s QDRO cost and divorce and your money pages cover what a divorce does to retirement accounts and taxes.
What the documents do not say
- Whether the court system offers these forms free of charge: not found in the documents read.
- The filing fee shown is one county’s published figure; other Texas counties publish their own.
- The Texas statutes site could not be read by script, so the residency rule is read from the State Law Library’s divorce guide, and the waiting period and agreement rule from the Legislature’s enrolled bill texts (H.B. 72 of 2009 and H.B. 559 of 2019); a later amendment would not show in those texts.
- Divorce Set 1 is described as covering an uncontested divorce with no minor children and no real property; a divorce with either is outside the set read.
- Child custody, child support and property-division rules, and local court rules, were not read.
Common mistakes
- Using Divorce Set 1 when the marriage has minor children or real property; the set is described as uncontested, no minor children and no real property.
- Treating the one-county filing fee above as the fee in every Texas county.
- Assuming the answer for one state applies to another, or that a form filled in correctly is the same as a form the court has accepted.
Related: divorce filing fees by state, divorce and your money, and what a QDRO costs.
Sources
- Divorce Set 1 Uncontested, No Minor Children, No Real Property INSTRUCTIONS: https://www.txcourts.gov/media/515764/divorceset1forms.pdf
- Family Division: Fees (Travis County District Clerk): https://www.traviscountytx.gov/district-clerk/family-fees
- Filing for Divorce: Divorce: Guides at Texas State Law Library: https://guides.sll.texas.gov/divorce/filing-for-divorce
- 81(R) HB 72: Enrolled version: Bill Text: https://capitol.texas.gov/tlodocs/81R/billtext/html/HB00072F.HTM
- 86(R) HB 559: Enrolled version: Bill Text: https://capitol.texas.gov/tlodocs/86R/billtext/html/HB00559F.HTM
Sources: the primary documents linked above, read on October 16, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.