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Benefits of an online divorce
Divorce.com provides a perfect solution to preparing legal forms free of stress for spouses going through an amicable divorce. Thanks to our platform, you can easily select and fill out the necessary divorce documents anytime, anywhere, and at your own pace.
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Follow further instructions provided by our system regarding the generation of papers needed for your case
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There's no need to hire an expensive attorney or spend time getting acquainted with complex family law terminology. Instead, Divorce.com is here to provide the help you need with divorce paperwork preparation.
Texas
Divorce Forms
All the forms required
In the state of Texas, spouses seeking an uncontested divorce without minor children usually need to prepare and submit the following list of documents:
Original Petition for Divorce FM-DIVA-100
Civil Case Information Sheet PR-GEN-116
Information on Suit Affecting the Family Relationship VS-165
Waiver of Service FM-DIVAD-103
Final Decree of Divorce FM-DIVA-201
Affidavit for Prove-Up of Agreed Divorce Without Children FM-DIVA-600
At the same time, couples with minor children should take into consideration the court forms outlined below:
Original Petition for Divorce FM-DIVB-100
Civil Case Information Sheet PR-GEN-116
Information on Suit Affecting the Family Relationship VS-165
Waiver of Service FM-DIVB-103
Final Decree of Divorce FM-DIVB-201
Affidavit for Prove-Up of Agreed Divorce With Children FM-DIVB-600
Standard Possession Order form
Income Withholding Order for Support FM-IW-200
Record of Support Order FORM 1828A (ROS/APP)
Final Decree of Divorce FM-DIVB-201
Plus, residents of Texas applying for an uncontested divorce will need to prepare and file a marital settlement agreement to determine all rights and obligations between the parties in terms of property division, child custody, spousal support, and other divorce-related terms.
Steps to consider
Filing Requirements
Residency Requirements
At least one of the spouses must have been a legal resident of the state for a minimum of six months (180 days) prior to filing for marriage dissolution.
At least one of the spouses must have lived in the county where they want to file for a minimum of 90 days before the divorce case is started.
If these requirements are not fulfilled, local courts won't have jurisdiction to hear the case.
Grounds for Divorce
Texas accepts both no-fault and fault-based grounds for divorce. In the case of no-fault divorce, it is enough to report "discord or conflict of personalities" that has prevented any "reasonable expectation of reconciliation."
In Texas, the grounds for a fault-based divorce include cruelty, adultery, felony (when one spouse is imprisoned for at least one year), abandonment, separation and living apart for at least three years, and confinement to a state or private mental hospital.
Initial Filing
The filing process usually begins by bringing the Original Petition for Divorce and various supporting documents to the District Clerk's Office at the local county courthouse. A petitioner will also need to make at least two copies of each divorce form.
Once the case is file-stamped, the clerk will provide a petitioner with a case number, assign a judge to the case, and issue the summons.
Filing Fees
A petitioner must pay a mandatory filing fee unless the court grants a filing fee waiver when filing for divorce in Texas. This payment ranges between $250 and $300, depending on the county where the divorce case is initiated.
Serving the Respondent
Next, Texas Family Law requires petitioners to serve the respondent with divorce documents. This task can be carried out in one of the following ways:
By Personal Service (e.g., you can hire the sheriff or private process server to deliver the initial divorce paperwork to your partner in person).
By Certified Mail with Return Receipt Requested.
By Court Order.
By Posting or Publication (if the respondent cannot be located).
Waiting Period
Once the petitioner files a petition for divorce in the appropriate Texas county, the divorcing couple will have to go through a 60-day mandatory waiting period. However, it doesn't necessarily mean that the divorce will be automatically granted by day 61.
Often, even spouses applying for an uncontested divorce need to wait 3-5 months before their case can be finalized. Contested cases, in turn, can last over a year.
Finalizing a Divorce Case
Once the waiting period ends, you will need to attend a final hearing with the judge to make the divorce final. If divorce conditions satisfy the needs of all parties involved, the judge will sign the Final Decree of Divorce.
At the same time, divorce can only be considered final when the judge signs the final divorce decree, even though this may or may not be the date of your court hearing.
Filing basics
Filing for Divorce
Texas
How to get started
In the state of Texas, spouses seeking an uncontested divorce without minor children usually need to prepare and submit the following list of documents:
Original Petition for Divorce FM-DIVA-100
Civil Case Information Sheet PR-GEN-116
Information on Suit Affecting the Family Relationship VS-165
Waiver of Service FM-DIVAD-103
Final Decree of Divorce FM-DIVA-201
Affidavit for Prove-Up of Agreed Divorce Without Children FM-DIVA-600
At the same time, couples with minor children should take into consideration the court forms outlined below:
Original Petition for Divorce FM-DIVB-100
Civil Case Information Sheet PR-GEN-116
Information on Suit Affecting the Family Relationship VS-165
Waiver of Service FM-DIVB-103
Final Decree of Divorce FM-DIVB-201
Affidavit for Prove-Up of Agreed Divorce With Children FM-DIVB-600
Standard Possession Order form
Income Withholding Order for Support FM-IW-200
Record of Support Order FORM 1828A (ROS/APP)
Final Decree of Divorce FM-DIVB-201
Plus, residents of Texas applying for an uncontested divorce will need to prepare and file a marital settlement agreement to determine all rights and obligations between the parties in terms of property division, child custody, spousal support, and other divorce-related terms.
Custody Basics
In Texas, most child custody terms differ from those in other states. For instance, when parents are separated or getting divorced, "custody" is called "conservatorship," whereas "legal custody" and "physical custody" are described as "managing conservatorship" and "possessory conservatorship," respectively. Anyways, the meaning behind these terms is similar to the expressions used in other states.
Under Texas law, joint child custody is a preferable option for divorce cases; however, the child's best interests are more important than any other considerations. Factors considered by the judge when awarding custody to certain parents include but are not limited to:
the child's personal preferences
the child's physical and emotional needs
the abilities of each parent to understand and meet the needs of the child
the plans each parent has for the child
the stability of each parent's residence
either parent's history of domestic violence and abuse, and
any other factor relevant to the child's well-being.
Uncontested Divorce
For people seeking a divorce in Texas, an uncontested or amicable divorce may be one of the best options. This type of divorce allows couples to save a vast amount of money and time while focusing on more important things in life.
To apply for an uncontested divorce, parties should not have any disagreements regarding divorce-related issues, including child custody and support, division of marital property, or spousal support. Additionally, to qualify for the uncontested divorce process, also known as an "agreed divorce," residents of Texas must meet the following criteria:
both parties agree on the "grounds" (reason) for the divorce
both parties agree to terminate the marriage
both parties agree on the terms of the marital settlement agreement, and
there are no court orders for custody or support already in place.
Support Basics
In Texas, the "noncustodial parent" (the one who spends the least amount of time with the kid) usually pays child support. This person is often referred to as the "obligor," while the parent entitled to receive child support is called the "obligee."
According to Texas' child support guidelines, the judge should determine the minimum mandatory payment to cover the child's basic needs. However, parents are allowed to pay more than the suggested amount, but not less. The amount of costs that the obligor should release monthly depends on a percentage of monthly net resources and the number of children in need.
When it comes to calculations, the custodial parent should receive child support payments beginning at 20% of the net monthly income of the other parent. In some cases, this payment can be increased to cover child care expenses, special or extraordinary education, health care, or other expenses.
