To file for divorce in Bastrop County, one spouse must have lived in Texas for six months and in Bastrop County for 90 days. You then file an original petition with the Bastrop County District Clerk in Bastrop. Under the county’s current filing order, new family law cases go to the 465th District Court, and a county standing order takes effect the moment the petition is filed.
The statewide rules are the same as in Austin: the residency test, the grounds, and the 60-day waiting period all come from the Texas Family Code. What changes is the courthouse around them. Bastrop County has a much smaller bench than Travis County, its own standing order, and local rules with deadlines that catch people off guard. Here’s how a Bastrop County divorce actually moves.
How to file for divorce in Bastrop County
Filing a divorce in Bastrop starts with the same paperwork you’d file anywhere in Texas. The petition goes to the District Clerk at 804 Pecan Street in Bastrop. Under the local rules for the Bastrop County district courts, attorneys must file electronically, while self-represented spouses may e-file or file directly with the clerk’s office.
From there, the divorce process follows a familiar order:
- Confirm residency: six months in Texas and 90 days in Bastrop County for at least one spouse.
- File the original petition, with the Bastrop County standing order attached. If you forget it, the clerk attaches it for you.
- Serve your spouse, or have your spouse sign a sworn waiver of service after the petition is filed.
- Exchange sworn inventories within the local deadline if you have property or debts to divide.
- Finish the parenting course if you have children, then request a final hearing setting.
No judge can grant the divorce before the 60th day after filing, except in certain family violence cases. You can read more about how that clock runs in our guide to the 60-day waiting period. In Bastrop, steps four and five are where cases most often slow down, because they’re local requirements, not statewide ones.
Which court hears a Bastrop County divorce
Five courts serve Bastrop County: the County Court at Law and the 21st, 335th, 423rd and 465th District Courts. The 21st and 335th also serve Burleson, Lee and Washington counties. The 423rd and the 465th hear only Bastrop County cases. All of them sit at 804 Pecan Street.
The newest is the 465th. According to the county’s 465th District Court page, it was created in 2023 and now hears the majority of family law cases in the county, including divorces, custody matters, adoptions and name changes.
That assignment is recent. An order filed January 3, 2025 split new family filings between the 465th, the 423rd and the County Court at Law. Weeks later, a temporary order filed January 31, 2025 sent all new family cases, except CPS and juvenile cases, to the 465th until further order. The courts can still exchange cases and benches to manage their dockets.
So if you read an older guide saying Bastrop divorces are heard in the 21st or 335th, it’s out of date for new filings. The 465th’s page also notes that hearings and trials are in person unless the court says otherwise, and it asks parties to confirm the courtroom with the court coordinator two to three days ahead.
How Bastrop County and Austin courts differ
The biggest difference between a Bastrop County divorce and an Austin one is scale. Travis County lists 12 civil district courts and five associate judge courts, housed at the Civil and Family Courts Facility on Guadalupe Street in Austin. In Bastrop County, most new family cases now land in a single district court.
| Feature | Bastrop County | Travis County (Austin) |
|---|---|---|
| Where new family cases go | 465th District Court, under the January 2025 temporary order | 12 civil district courts plus 5 associate judge courts |
| Courthouse | 804 Pecan Street, Bastrop | 1700 Guadalupe Street, Austin |
| Standing order | Temporary restraining order until further order of the court | 14-day restraining order that continues as a temporary injunction unless contested |
Neither setup is better or worse for you. A smaller bench can mean you see the same court through temporary orders and final trial, which helps when the judge already knows your family’s history. It can also mean a single docket absorbs every new case in the county. For Austin’s side of the comparison, our post on Travis County associate judges explains why so many Austin hearings start in front of one.
What stays the same in every Texas divorce
The courthouse changes between Bastrop and Austin, but the law doesn’t. Texas allows a no-fault divorce on the ground of insupportability, property division follows the same just and right standard in every county, and child custody turns on the best interest of the child, the primary consideration under Family Code 153.002.
No one has to prove wrongdoing to get divorced in either county. Texas calls custody conservatorship, and the same statutes govern it in Bastrop and Travis courts. Child support follows the statewide guidelines too, and Bastrop County’s Local Rule 7.17 says so directly.
The same is true of the line between a contested divorce and an uncontested one. If you and your spouse agree on every issue, the divorce case can move to the uncontested docket once the waiting period ends. If even one issue is open, you may need temporary orders, often mediation, and a contested setting. Local rules decide how fast each track moves in Bastrop, Texas. They don’t change what a judge is allowed to order.
The Bastrop County standing order from the day you file
Bastrop County has its own standing order regarding children, property and conduct of the parties. No one asks for it. It applies in every divorce and every suit affecting a parent-child relationship filed in the county, and Local Rule 7.19 extends it to modification suits too.
The order is effective when the original petition is filed and stays in force as a temporary restraining order until the court says otherwise or signs a final order. It’s enforceable by contempt. Among other things, both spouses are ordered not to:
- Remove the children from Texas, change their school or day care, or change where they live without a written agreement or court order.
- Sell, hide, borrow against or spend down community or separate property, except for usual business, reasonable living expenses and attorney’s fees.
- Withdraw from retirement accounts, change life insurance beneficiaries, or cancel insurance covering the family.
- Track the other spouse’s phone or vehicle, access their accounts, or delete electronic records relevant to the case.
If a protective order says something different, the protective order controls. Either spouse can also ask the court for temporary orders after notice and a hearing, which is how child custody, support and use of the house usually get settled while the case is pending. A Bastrop divorce lawyer can tell you what the standing order already covers and what needs a temporary order.
Bastrop County local rules that set your timeline
Bastrop County’s local rules, revised in January 2025, add two deadlines a statewide checklist won’t mention: sworn inventories within 75 days of filing in property cases, and a parenting course of at least four hours before a final hearing setting. They also set three-month and six-month time standards for finishing family cases.
The inventory rule surprises many spouses. In any case dividing property or debts, each spouse must file and exchange a sworn inventory within 75 days of filing. The only listed exception is a case where the respondent signs a waiver and doesn’t hire a lawyer. You can extend the deadline by a written agreement filed within those 75 days.
Our post on the sworn inventory in a Texas divorce explains what the document has to include. In Bastrop, it must list each asset’s value, each debt and its creditor, any separate property claim, and every retirement or employee benefit plan.
Parents face a second rule. In every divorce involving the custody of children, both parents must complete a Parent Education and Family Stabilization course of at least four hours and file the certificates before the court will set a final hearing. The judge can waive it for one or both parents.
The rules also state time standards. The courts aim to finish uncontested family cases within three months, and contested ones within six months, counted from the appearance date or the end of the waiting period, whichever is later. Uncontested hearings are set through the court coordinator, and agreed orders signed by everyone may be e-filed and signed without a hearing. One more detail matters after a ruling: if no proposed final order is filed within 14 days of the decision, and none arrives within 7 days of the coordinator’s notice, the court may dismiss the case.
When your family straddles Austin and Bastrop
Some Bastrop County families live along SH 71 and commute to Austin, so “which county?” comes up often. For a new divorce, the answer usually turns on residence: the 90-day county residency rule points to the county where either spouse actually lives. Where you work doesn’t decide it.
Children’s cases add a wrinkle. If a Travis County court already made a custody order, that court generally keeps continuing jurisdiction even after a parent moves to Bastrop. Moving the case takes a separate transfer step, which we cover in moving a custody case from Austin to Bastrop. Getting the county right at the start avoids filing in a court that can’t finish the job.
Talking with a lawyer about a divorce in Bastrop
A Bastrop County divorce runs on the same Texas law as an Austin one, but the local orders shape the calendar. Our managing attorney, Tyler Key, is a Hays County native, and our attorneys practice in the Bastrop, Travis, Hays and Comal County courts. If you’re starting a case here, our attorneys in Bastrop can help you check the standing order, the inventory deadline and the parenting course before they become problems. Our Bastrop office is at 812 Chestnut Street, and you can learn more about our divorce and family law work in Bastrop. This article is general information, not legal advice for your situation. To talk through your options, request a consultation or call (512) 400-2350.
Frequently asked questions
How do I file for divorce in Bastrop County?
Make sure one spouse has lived in Texas six months and in Bastrop County 90 days, then file an original petition with the Bastrop County District Clerk at 804 Pecan Street. Attorneys must e-file; self-represented spouses may e-file or file at the clerk’s office. The county standing order attaches at filing.
Which court hears divorces in Bastrop County?
Under a temporary order filed January 31, 2025, new family law cases other than CPS and juvenile cases are filed in the 465th District Court. The county says the 465th now hears the majority of family law cases, though the courts can exchange cases and benches.
Does Bastrop County have a standing order in divorce cases?
Yes. The Bastrop County standing order applies to every divorce, every suit affecting the parent-child relationship and every modification suit. It takes effect when the petition is filed, restricts moving children, spending property and changing insurance, and is enforceable by contempt.
Do parents have to take a class in a Bastrop County divorce?
Yes, unless the judge waives it. Local Rule 7.18 requires both parents in a divorce involving custody to complete a parent education and family stabilization course of at least four hours and file the certificates before a final hearing is set.
How long does a Bastrop County divorce take?
No divorce can be granted before the 60th day after filing, outside certain family violence cases. Bastrop County’s local rules aim to finish uncontested family cases within three months and contested cases within six months of the appearance date or the end of the waiting period.