Cost and Filing Fees in Texas

There is no single statewide number. Each Texas district clerk sets its own filing fee by county, so the cost to file an original petition for divorce depends on where you file. Contact the district clerk's office in the county where you or your spouse lives to confirm the current fee before you file.

File a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145, which asks the court to waive the filing fee and related court costs based on financial hardship. This form is widely available through Texas self-help legal resources, and you file it with the district clerk.

Yes. Formal service involves two separate charges: an issuance fee charged by the district clerk, and a service fee paid to the constable, sheriff, or a private process server who delivers the papers. Both come on top of the filing fee, and the amounts vary by county. If your spouse signs a waiver of service, you can often avoid these costs.

Many Texas counties require parents in a divorce with minor children to complete a parenting class, but the requirement and its cost are generally set at the county level, not statewide. Check with the district clerk or family court in the county where you plan to file for current requirements.

Texas district clerks set their own filing fees county by county rather than following one statewide schedule. That is why the cost to file an original petition for divorce commonly differs between counties, and why you should confirm the current fee locally before filing.

Contested issues drive up the cost. Texas is a community property state, so disputes over dividing that property, plus custody and spousal support disagreements, are common cost drivers. These can require additional motions, discovery, mediation, and appraisals of real estate, retirement accounts, or a business. An uncontested case, where both spouses agree, keeps costs closer to the filing and service fees.