Real numbers for Texas — filing fees, attorney rates, contested vs. uncontested costs, county breakdowns, and what you can do to reduce your total.
✓ Filing fee and waiting period verified against current state statutes · Updated August 2026
Every Texas divorce — contested or not — passes through the same basic checkpoints:
Think of this as a general outline rather than a substitute for legal advice — a Texas family law attorney or your county's self-help resources can confirm the current forms and procedure for your situation.
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Calculate My Texas Divorce Cost →The cost of divorce in Texas ranges from roughly $3,000 for a simple uncontested case to $35,200 or more for a contested divorce that goes to trial. The single biggest factor is not the state — it is how much you and your spouse disagree.
Texas is a community property state with a mandatory 60-day waiting period. Texas has no state income tax, which affects post-divorce financial planning significantly.
| Divorce Type | Low Estimate | Typical | High Estimate |
|---|---|---|---|
| Uncontested, no children | $300 | $1,050 | $5,000 |
| Uncontested with children | $3,000 | $5,000 | $7,500 |
| Contested, no trial | $12,100 | $22,000 | $35,200 |
| Contested, goes to trial | $35,200 | $41,800 | $50,000+ |
| Savings going uncontested | Up to $17,000 per spouse | ||
The court filing fee in Texas is paid when you submit your divorce petition to the court. This is a fixed, unavoidable cost regardless of whether your divorce is contested or uncontested.
Filing fee note: $250–$400 depending on county
| Harris County (Houston) | $338 |
| Dallas County | $318 |
| Tarrant County (Fort Worth) | $310 |
| Travis County (Austin) | $302 |
| Bexar County (San Antonio) | $289 |
| Collin County | $290 |
Divorce attorney hourly rates in Texas average $280 per hour.
A Houston couple with two children and a shared home who agree on custody and property division would spend approximately $338 in filing fees and $3,000–$7,000 in attorney costs for an uncontested divorce — total roughly $3,500–$7,500. A contested custody battle in Harris County can easily reach $25,000–$60,000 per party.
How much does a divorce cost in Texas?
An uncontested divorce in Texas typically costs $5,000–$7,500 including a $250–$400 filing fee that varies by county. A contested divorce averages $22,000–$35,200 per spouse depending on attorney hours and complexity.
Is Texas a community property state?
Yes. Texas is one of nine community property states. All property and income acquired during the marriage belongs equally to both spouses, with some exceptions for separate property (inherited assets, gifts, property owned before marriage).
What is Texas's mandatory waiting period for divorce?
Texas requires a minimum 60-day waiting period from the date of filing. This cannot be waived — even fully cooperative couples must wait.
How is child custody handled in Texas?
Texas doesn't use the term 'custody' — it uses 'conservatorship' and 'possession.' The Standard Possession Order gives the non-primary parent specific scheduled time. Courts prefer parents to agree on their own parenting plan.
How much does a contested divorce cost in Texas?
Contested divorces in Texas average $15,000–$30,000+ per spouse for mid-complexity cases. High-conflict cases in Houston or Dallas involving business assets can reach $50,000–$100,000+ per party.
Can fault affect a Texas divorce?
Texas still allows fault grounds (adultery, cruelty, abandonment, felony conviction). While community property is generally split 50/50, a judge has discretion to award a 'disproportionate share' based on fault.
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Open Texas Calculator →Filing fees based on Texas court records as of July 2026. This is for informational purposes only and is not legal advice.