How much does it cost to file for divorce in Hays County?
According to the Hays County District Clerk's published fee schedule, the base filing fee for a new family case, including a divorce, is about $350. The total you pay at filing can be higher:
- Issuance of citation: a fee for each citation the clerk issues to have your spouse served.
- Service fee: if a Hays County constable serves the papers. Private process servers set their own fees. If your spouse signs a waiver of service, there's no service fee.
- Other filings later in the case, like a counterpetition or a motion to modify or enforce, have their own fees.
Fees change, so check the current amounts on the county's Court Costs & Fees page before you file. Filing fees are separate from attorney's fees. Our office charges flat attorney fees for most divorces, with payment plans.
Can't afford the filing fee?
If you can't afford court costs, you can file a Statement of Inability to Afford Payment of Court Costs with your petition. If the court accepts it, you won't have to pay filing and service fees. Self-help forms are available from TexasLawHelp.org.
Where do you file?
Hays County divorces are filed with the Hays County District Clerk at the Hays County Government Center, 712 S. Stagecoach Trail, San Marcos, Texas 78666. Most filings are now made electronically through the statewide e-filing system, which lawyers must use. Family cases are heard by the Hays County district courts and, in some cases, the County Courts at Law, which share family law jurisdiction under Texas law.
Before you file: Hays County requirements
- Residency: one spouse must have lived in Texas for six months and in Hays County for 90 days.
- Standing order: the Hays County standing order must be attached to the petition.
- 60-day waiting period: the divorce can't be granted until at least 60 days after filing, with limited exceptions for family violence.
- Parenting seminar: Hays County's local rules include a parenting class requirement for divorcing parents of minor children.
Step-by-step: How to file for divorce in San Marcos · Uncontested divorce in San Marcos
Fee amounts are based on Hays County's published schedule and may have changed. Confirm with the District Clerk before filing. This page isn't legal advice.