$0 Texas — Divorce Filing Quick-Start Checklist

eFile Texas Divorce: How to File Online Through eFileTexas.gov

Every Texas county accepts — and many effectively require — electronic filing for divorce. The system is eFileTexas.gov, and while it's genuinely more convenient than driving to the courthouse, it was built for law firms, not first-time filers. Clerks reject e-filed divorce packets every day for purely mechanical reasons: wrong filing code, two documents merged into one PDF, an unscannable upload. None of those mistakes lose your case, but each one costs days. Here's how to get a divorce filing through on the first submission.

How the System Actually Works

eFileTexas.gov is the state's portal, but you don't file directly into it — you file through an EFSP (Electronic Filing Service Provider). The state's own EFSP, eFileTexas Self-Help, is free to use and built for pro se filers; commercial EFSPs exist too and charge small convenience fees. You create an account, start a new case filing, upload your documents, pay the filing fee by card, and the submission lands in the District Clerk's review queue.

A human clerk reviews every envelope before accepting it. Accepted filings get a file-stamp and a cause number; rejected ones come back with a short reason code and no fee charged (or refunded).

What You Upload for a New Divorce Case

A new uncontested filing typically includes, as separate PDFs within one envelope:

  1. Original Petition for Divorce (Set A, B, or D from TexasLawHelp.org)
  2. Information on Suit Affecting the Family Relationship — the "Austin" vital statistics form
  3. Statement of Inability to Afford Payment of Court Costs — only if you're requesting the Rule 145 fee waiver
  4. Any county-required cover sheet or standing-order acknowledgment

The single most common rejection cause: merging the petition and the Austin form into one PDF. Each lead document goes in as its own upload with its own filing code.

Filing Codes and Case Settings

When you start the envelope you'll pick:

  • Case type / category: Family — Divorce
  • Filing code per document: "Petition" for the Original Petition; the Austin form has its own code (typically "Information on Suit Affecting Family Relationship" or similar)
  • Service instructions: if you need a citation issued for formal service, request it here — or note that your spouse will sign a waiver

Pick the wrong code and the clerk rejects the document with a note to resubmit under the right one. Codes vary slightly by county, so check your District Clerk's e-filing page if a code seems ambiguous.

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Fees and the Fee Waiver Path

The filing fee — $300 to $440 depending on county and children — is charged by card at submission. If you're filing a Statement of Inability, you still submit the envelope; the clerk must accept and file your petition while the waiver is reviewed, and cannot delay issuing citation or service even if they question eligibility. If the waiver is later contested and denied after a hearing, you'd owe the fees then.

The Rejection-Proof Checklist

Before you hit submit:

  • One document per upload. Petition, Austin form, and anything else — separate PDFs, separate line items.
  • Text-searchable PDFs. If you printed and scanned, run OCR; some counties reject image-only scans.
  • Signatures where required. The petition's verification must be signed before a notary before you scan it.
  • Sensible file names. Short, descriptive, no special characters.
  • Correct county. Venue follows the 90-day county residency rule — e-filing doesn't exempt you from filing where you're actually eligible.
  • Watch your email. Rejection notices and acceptance stamps both arrive by email, sometimes in spam. A silent rejection sits unnoticed for days if you're not checking.

What Happens After Acceptance

The clerk file-stamps your documents, assigns a cause number and court, and the 60-day waiting period starts running from that stamp date. If you're in a standing-order county (Dallas, Bexar, Travis, Collin, Denton), the standing order attaches immediately — download the conformed copies and read it, because it now restricts what you can do with money, insurance, and the kids. Then the ball moves to service: your spouse signs a notarized waiver (valid only if signed after the stamp date) or you arrange formal citation and service.

If e-filing genuinely isn't workable — no card, no scanner — every District Clerk still accepts paper filings at the counter, and Harris County even runs a 24-hour drop box at 201 Caroline Street in Houston.

The Texas Divorce Filing Process Guide includes a printable e-filing checklist that walks the envelope build step by step — document order, codes, OCR checks — plus the service-tracker worksheet for everything that happens after the stamp.

Common Questions

Do I have to e-file my Texas divorce? No — paper filing at the District Clerk's counter remains available in every county. E-filing is just faster and gives you an electronic trail. Attorneys are required to e-file; pro se filers have the choice.

How long does clerk review take? Typically one to three business days. The waiting-period clock runs from the acceptance stamp, so a rejection genuinely costs you time — another reason to get the envelope right the first time.

Can I e-file the waiver and final decree too? Yes. Everything after the petition — waiver of service, prove-up affidavit, proposed Final Decree — goes through the same portal as filings in the existing case, using the cause number you were assigned.

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