How Do I File for Divorce in Montgomery County?

montgomery county district clerks office

Where to File for Divorce in Montgomery County, Texas?

Family law cases in Montgomery County are managed through the courthouse in Conroe. People can file for divorce, request custody or child support, or ask for a protective order. The court also handles other family-related matters.

📍 Montgomery County District Clerk’s Office
Address: 301 N. Main Street, Suite 103, Conroe, TX 77301
Phone: (936) 539-7855
Business Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
Where to File: File your divorce petition with the District Clerk’s Office located on the first floor of the Montgomery County Courthouse.

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The Requirements for Divorce in Montgomery County

DivorceCanBeSimple.com knows divorce can feel confusing in Montgomery County. That’s why we created a simple guide to explain the process. To file for divorce in Montgomery County, you must meet Texas residency requirements under Texas Family Code § 6.301. At least one spouse must have lived in Montgomery County for 90 days and in Texas for six months before filing. Once these requirements are satisfied, you can submit your divorce petition to the Montgomery County court.

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Filing for an Uncontested Divorce in Montgomery County

If your divorce is uncontested in Montgomery County, you can complete the process more quickly since both spouses agree on all terms. Follow these steps to file for an uncontested divorce in Montgomery county:

  • Figure out which forms you need for your divorce. Check the local court rules so you know what steps to follow.
  • Fill out your first forms, like the Original Petition for Divorce. Take them to the court clerk to file.
  • Pay the filing fee, unless you asked for a fee waiver. Make sure the clerk stamps your copies.
  • Give your spouse copies of the papers. They must file an Answer or sign a Waiver of Service.
  • Wait 60 days. Texas law requires this waiting period before your divorce can move forward.
  • While waiting, get the rest of your divorce paperwork ready.
  • Give your spouse the Final Decree of Divorce to read. They sign it if they agree with everything.
  • Set up the final hearing with the court clerk after the waiting period ends.
  • Go to the hearing with all your forms. Answer any questions the judge asks.
  • After the hearing, submit the signed Final Decree and any other orders to the clerk. Get a certified copy for your records.

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Required Divorce Forms in Montgomery County

When preparing to file for divorce, it’s helpful to know which forms are needed. For an uncontested divorce in Montgomery County, common forms may include:

  • Original Petition for Divorce – Starts the divorce case and tells the court what you are asking for (custody, property, etc.).
  • Civil Case Information Sheet – Short cover sheet with basic case details for the clerk.
  • Respondent’s Original Answer or Waiver of Service Only – Filed by your spouse to respond or to accept service without a sheriff.
  • Final Decree of Divorce – The judge’s signed order that officially ends the marriage and sets property, custody, and support terms.
  • Information on Suit Affecting the Family Relationship (VS-165) – Required if children are involved; provides family and child information for state records.
  • Parenting Plan / Custody and Support Orders – Required if children are involved; details custody, visitation, and child support.
  • Military Status Affidavit – Required if your spouse does not respond, to verify military status.

Please, note that some forms may not apply to your case, and others could be required. Take control of your uncontested divorce today. With DivorceCanBeSimple, filing is straightforward and affordable.

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Montgomery County Divorce Filing Fees

Filing for divorce in Montgomery County, Texas costs about $300. This covers the main filing fee and some court fees.

Other costs, like serving papers or making copies, can add up. If you cannot pay, you can ask for a fee waiver. To do this, fill out a Statement of Inability to Afford Payment. The court will look at your finances and decide if you qualify. For more details, visit the Montgomery County District Clerk’s website at mctx.org.


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