Sources and scope: the legal statements below were compared with the linked Texas statutes, court rules, and court or agency material. This is general legal information, not advice about a specific case.
Why the base total is $350
The $350 is a bundle of required charges, not one fee kept by a single office. The Office of Court Administration’s schedule shows a $213 local consolidated civil fee and a $137 state consolidated civil fee for a new divorce filed in district court.
When the divorce also includes a suit affecting the parent-child relationship, an eligible county may collect an initial child-support service fee of up to $36 and an additional local child-case fee of up to $15. That is why the published filing total is $365 in Harris and Travis counties but $401 in Dallas, Tarrant, and Bexar counties.
What five large counties currently publish
These are new-suit amounts from county clerk schedules available on August 12, 2026. They can change, and they do not include every service the case may need, so check the linked county schedule before submitting payment.
| County | Without children | With children | Charge outside that total |
|---|---|---|---|
| Harris | $350 | $365 | $8 citation issuance; county citation service listed at $85 |
| Dallas | $350 | $401 | County constable citation service listed at $80 |
| Tarrant | $350 | $401 | $8 citation plus $90 county constable service |
| Bexar | $350 | $401 | Issuance and service depend on the requested method |
| Travis | $350 | $365 | $8 citation plus $90 county constable service |
What is not included in the new-suit total
- The clerk’s charge to issue a citation and the separate cost to have it served.
- Extra attempts, substituted service, or publication when ordinary service does not work.
- Paper or electronic copies, certification, records research, and transcripts.
- A credit-card convenience fee or an optional e-filing provider charge.
- Mediation, a parenting course, appraisal, custody evaluation, financial analysis, or another expert service.
- A lawyer’s retainer, hourly work, flat-fee service, or limited-scope review.
- Deeds, retirement-plan division orders, title work, and other steps needed after the decree.
Whether service costs apply depends on how notice is completed
Formal service usually means paying the clerk to issue the citation and paying a constable, sheriff, private process server, or other authorized person to deliver it. A respondent may instead sign a legally sufficient waiver after the case is filed, but a waiver can give up more than the right to have papers handed over and should be read carefully.
A spouse who cannot be located does not make notice disappear. The filing spouse may need to document a diligent search and ask the court for substituted service or publication. Those steps can add outside costs and delay a default hearing.
Rule 145 may let the case proceed without prepaying court costs
A person who cannot afford court costs may file the Supreme Court-approved Statement of Inability to Afford Payment of Court Costs under Rule 145. The rule covers charges such as filing, issuance, service, copies, and a court-appointed professional when that appointment is reasonably necessary. Costs are not due unless the court later orders payment after the rule’s notice and hearing process.
Rule 145 does not hire a private lawyer or automatically pay a privately selected mediator, appraiser, or expert. Use the current statewide form; a county may provide filing instructions, but it cannot replace the statewide standard with a stricter local one.
A filing-fee quote is only the first line of the budget
1. Ask for the correct new-suit amount
Tell the clerk whether the divorce involves children and ask which locally adopted fees are included in the quoted total.
2. Price the notice method
Add citation issuance and service unless the respondent will knowingly sign a valid post-filing waiver or the court authorizes another method.
3. Add only the services the case is likely to need
Copies, mediation, appraisal, parenting services, or expert work should appear as separate lines instead of being hidden in a generic cushion.
4. Keep legal fees separate
A retainer is an advance, not necessarily the final fee. Estimate the hourly or flat-fee work apart from court costs.
5. Leave room for post-decree documents
The judge’s signature may be followed by a deed, title transfer, retirement order, or certified-copy request.
Questions readers often ask
Frequently asked questions
How much does it cost to file for divorce in Texas in 2026?
The required district-court charges total $350. If the divorce involves children, county-authorized child-case charges can raise the filing total by as much as $51. Citation, service, copies, card charges, and legal work are separate.
Is service of divorce papers included in the $350?
No. The clerk’s fee to issue a citation and the cost of delivery by a constable, sheriff, or private process server are normally added to the filing total.
Can an agreed divorce avoid formal service?
The respondent may sign a valid waiver after the petition is filed. Merely receiving a copy or telling the filing spouse that the divorce is agreed does not satisfy the notice rules, and the waiver should be understood before it is signed.
Does filing under Rule 145 make every divorce expense free?
No. Rule 145 addresses court costs. It does not automatically pay a private lawyer, privately chosen mediator, appraiser, expert, or other outside provider.
Sources used for this guide
Official sources
- Texas Judicial Branch — District-court civil suits and filing fees
The November 3, 2025 schedule shows a $350 required total and optional county charges of up to $51 for a divorce involving children.
- Texas Judicial Branch — Court rules and forms
Use the current Texas Rules of Civil Procedure and the Supreme Court-approved Rule 145 form if court costs are unaffordable.
- Texas Family Code, Chapter 6 — Divorce and annulment
See §§6.001–6.007 for grounds, §§6.301–6.304 for residency and venue, and §6.702 for the waiting period and its exceptions.
- Harris County District Clerk — Civil and Family Fee Schedule
The January 1, 2026 schedule lists $350 without children, $365 with children, an $8 citation fee, and separate service charges.
- Travis County District Clerk — 2026 Filing Fees
The January 1, 2026 schedule lists a $15 child-case add-on, $8 citation issuance, $90 county service, and a 3% card fee.