When filing for divorce or any other family law case in Austin, it is important to remember that filing in the correct Austin county is a critical step. If you file in the wrong jurisdiction, your case will likely be transferred or dismissed. Either of these situations will take additional time and money to resolve your case. Due to this, it is vitally important that you file in the correct jurisdiction the first time around. Read on to learn about where to file and the fees involved in Austin.
Where you file for divorce in Austin, TX, depends on the county you reside in. If you reside in Travis County, you will file for divorce at the Travis County District Court. If you reside in Williamson County, you will file for divorce with the Williamson County Clerk.
In Travis County, divorce petitions are filed at the
Travis County Civil & Family Courts Facility – District Clerk
1700 Guadalupe Street, Austin, TX 78701.
In Williamson County, file with the
Williamson County Clerk’s Office (Justice Center)
405 Martin Luther King Jr. St., Georgetown, TX 78626.
💡 Tip: Filing requirements, fees, and hours may change. Always verify with the county clerk before heading to the courthouse.
Residency Requirements. To file for divorce in Texas, one spouse must have lived in Texas for at least six months and in the county where you plan to file for at least 90 days before filing.
Waiting Period. There is a statutory waiting period of 60 days from filing the petition before a divorce decree can be granted (with some exceptions, such as in cases involving family violence).
In addition to the Austin county you reside in, whether or not there are children involved in your Austin divorce will factor into the cost of your divorce filing fees.
In Travis County, the filing fee for a Petition for Divorce without children is $258. The filing fee for a Petition for Divorce with children is $273. A citation for service of the Petition for Divorce costs $8.
In Williamson County, the filing fee for a Petition for Divorce without children is $226. The filing fee for a Petition for Divorce with children is $241. A citation for service of the Petition for Divorce costs $8.
Filing for divorce in Austin begins with gathering the right information. You’ll need basic details such as your marriage date, children’s birthdates, and current addresses, as well as financial records like assets, debts, and any agreements you and your spouse may have already reached.
Once you’ve assembled this information, the next step is to prepare your Original Petition for Divorce. This document must include key details: your names, grounds for divorce, whether you have children, and your proposed arrangements. Be sure to check local standing orders since some counties require additional forms to be filed alongside the petition.
With your petition ready, you can file it with the District Clerk. This can be done in person at the clerk’s office, where you’ll likely need multiple copies, or online through eFileTexas, if your county accepts electronic filing.
When you submit your petition, you’ll need to pay the filing and service fees. If paying isn’t possible, you can request a waiver by filing a Statement of Inability to Afford Payment of Court Costs.
After filing, your spouse must be legally served with the petition and citation. This is typically handled by a sheriff, constable, or private process server.
From there, Texas law requires a minimum 60-day waiting period before a divorce can be finalized, except in certain cases involving family violence. Once the waiting period has passed, the court will either review your final agreement (if it is uncontested) or schedule a hearing (if it is contested). Once the judge signs the final decree, your divorce is official.
💡 Tip: Having an attorney can help avoid costly mistakes and ensure all local requirements are met.
Where you file matters; submitting your case in a county where you don’t meet residency requirements can lead to delays, transfers, or even dismissal. In cases involving domestic or family violence, courts may allow exceptions to the standard 60-day waiting period to help protect spouses and children. And finally, remember that contested divorces where spouses disagree on issues like child custody, property, or support tend to take longer and require more court involvement than uncontested divorces.
Filing for divorce in Austin is only the first step. The process can quickly feel overwhelming when custody, support, or property division is involved. At Modern Family Law, our team understands the local courts in Travis and Williamson counties and brings both compassion and expertise to guide you through every stage.
Whether your divorce is uncontested or more complex, we’ll help protect your rights and set you up for a stronger future. If you’re ready to move forward, contact us today. You don’t have to go through this alone.
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