Yes, you can file for divorce in Texas using the state’s official e-filing system, eFileTexas.gov, or through other online service providers. Electronic filing may be easier for self-represented litigants (if you don’t have a lawyer). It’s mandated for attorneys to use the Texas e-filing system.
Even though filing for divorce online may be easier than going to the local county court, there are still specific requirements for filing (which vary by county) as well as state requirements, such as a waiting period and residency requirements. To file for divorce in Texas, at least one spouse must have lived in Texas for six months and in the county of filing for at least 90 days.
A Frisco family law and divorce lawyer can help you navigate county-specific requirements and avoid delays in finalizing your divorce
How to use the official e-filing system for an uncontested divorce
The official portal for e-filing divorce in Texas is eFileTexas.gov. The site uses a guided interview process to help you properly complete the required court forms. It’s a fairly straightforward process; create an account, fill out the required information, then electronically submit the divorce forms to the county court in which you reside (for Frisco residents, it’s either Collin County or Denton County; double-check which county you’re in before starting the process). All documents must be filed in the county where you meet the residency requirement.
If you and your spouse do not share minor children or shared property, then the divorce process is relatively straightforward. However, if you have children, the court must approve your agreed-upon parenting plan before your divorce can be finalized. And, if you haven’t submitted a division of property agreement with the Texas court, your divorce cannot be finalized until a property division agreement is submitted and approved by the court.
Although the eFileTexas system itself is free, you are still responsible for paying the standard court filing fees, which vary by county (typically $250-$350).
Texas divorce requirements you must complete in person
Regardless of how you file, some steps cannot be completed entirely online. Texas has a mandatory 60-day waiting period from the date the original petition is filed before a divorce can be finalized. And your spouse must be legally notified of the divorce petition, which can be done by a process server or by a signed Waiver of Service.
Informal notice, like email or text, is never enough under Texas law. The legal procedures for informing your spouse must be followed.
Even if you and your spouse have agreed on the terms of the divorce, including property division, alimony, and child custody and support, most Texas counties require a brief hearing, either in person or virtual, before a judge can finalize the divorce.
Courts often review child-related agreements at a hearing to confirm they meet the child’s best interests.
Do I need a lawyer if I file for divorce online in Texas?
Even if you file your Original Petition online, your divorce cannot be finalized until issues like property division, support, and parenting arrangements are resolved. An experienced divorce lawyer can negotiate terms on your behalf or petition the court to rule on these sticking points.
Before you sign the final decree or present it to a judge, have your attorney review the settlement to make sure the terms reflect your rights and obligations under Texas law.
At Albin Oldner, we help clients understand their rights regarding property division, support, and parenting plans under Texas law. Contact our offices today at (214) 423-5100 for a personalized consultation.
