Divorce in Travis County, Texas: Standing Orders, Fees, and Filing Steps

Filing for divorce in Travis County means one thing changes the moment the clerk stamps your petition: the county's standing orders attach automatically and bind both spouses — restricting spending, insurance changes, and where the kids can go. Travis is one of the counties (with Dallas, Bexar, Collin, and Denton) where these protections are built in, unlike Harris and Tarrant where you'd have to ask for a TRO yourself. Here's how a Travis County divorce actually runs.

The Residency Gate

Statewide rules apply under Family Code § 6.301: at least one spouse must have been a Texas domiciliary for the preceding six months and a Travis County resident for the preceding 90 days. If you just moved to Austin from another Texas county, your county clock restarted on moving day — filing early means a venue challenge after you've already paid the fee. Military families stationed away on orders count that time as Texas and Travis County residency under § 6.303.

The Standing Orders: What You're Restricted From the Second You File

Travis County's standing orders are strict, mutual, and automatic — no hearing, no request, no exception for being the one who filed. In practical terms, once the petition is stamped:

• Don't hide, transfer, or spend community funds beyond ordinary living expenses and legal fees
• Don't cancel or alter health, auto, or life insurance coverage
• Don't incur new debt (except for attorney's fees)
• Don't take the children out of state or beyond the geographic boundaries the order sets

Violating a standing order is contempt of court, and it poisons your credibility with the judge for the rest of the case. Read the order that's attached to your citation before you move a dollar.

Filing with the Travis County District Clerk

Divorce petitions go to the Travis County District Clerk and are assigned to one of the county's district courts. File through eFileTexas.gov — the standard route — or in person. The filing fee falls in the statewide $300–$440 range depending on whether you have minor children; the District Clerk publishes its current fee schedule on the Travis County website, so confirm the exact number before you file (fees adjust periodically).

If you can't afford the fee, file a Rule 145 Statement of Inability to Afford Payment of Court Costs with your petition — the clerk must accept the filing while the statement is reviewed, and approval waives service-by-constable fees too.

You'll use the Texas Supreme Court-approved packets from TexasLawHelp.org: Set A (no minor children), Set B (with children), or Set D (same-sex marriage, no children), plus the "Austin" vital statistics form.

Service, the Waiting Period, and the Parenting Class

After filing, your spouse must either sign a notarized Waiver of Service (only valid if signed after the petition is filed) or be formally served by a constable, sheriff, or private process server. Once served, their answer is due at 10:00 a.m. on the Monday next following 20 days from service.

Texas Family Code § 6.702 then imposes the 60-day waiting period — no judge can sign your Final Decree before day 61, with narrow family-violence exceptions. If you have minor children, both parents must complete a court-approved Parent Education and Family Stabilization Course (at least 4 hours, statutorily capped at $100, typically $35–$40 online) and file the certificates. Individual Travis County judges have their own preferences on which providers they accept — check with the court coordinator before paying for a course.

Finishing in Travis County

Uncontested cases finish with a prove-up: you appear on the court's uncontested docket (in person or, where the court allows, by Zoom), are sworn in, and testify to residency, grounds, and your agreed terms — or submit a notarized prove-up affidavit where the assigned court permits paper-only finalization. The judge signs the Final Decree of Divorce, and the marriage is legally over.

Austin also has real self-help infrastructure: the Travis County Law Library is the starting point for pro se filers, with forms guidance and procedural reference material for family law cases.

If you're filing in Travis County without a lawyer, the Texas Divorce Filing Process Guide includes a standing-orders worksheet for tracking exactly what the automatic restrictions prohibit, an e-filing checklist, and a filing timeline tracker that maps your 60-day clock and answer deadlines. The standing orders are where most Travis County filers get surprised — know them before the clerk stamps the petition, not after.

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