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Find a happier ending at Divorce.comTM Save time, money, and stress, guided by the most experienced team in online divorce

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Benefits of 
an online divorce

Benefits of an online divorce

Why Choose Divorce.com?

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.

  • Complete a simple marriage-related questionnaire on our website
  • Follow further instructions provided by our system regarding the generation of papers needed for your case
  • Download ready-to-file documents and a clear filing guide, and print them in seconds.

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

Texas Divorce Forms

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.

Divorce forms preparation

Divorce forms preparation

How to Fill Out Divorce Forms in Texas

The process of filling out legal forms plays an essential role, as failure to complete divorce papers properly can lead to a case dismissal. So, if you've decided to fill out these papers independently, it is recommended to stick to the tips listed below:

  • Carefully review each divorce form to determine the type of information needed to fill out all the spaces.
  • To fill out some papers, you might need the information from additional documents, such as a marriage certificate, any prenuptial or postnuptial agreements, and estate planning documents. Gather these documents in advance.
  • Fill out all spaces on the forms unless instructed otherwise. The judge or clerk won't do it for you.
  • Proofread the completed documents for any errors, typos, or inaccuracies at least 2 times before submitting them to a court.
  • Make a minimum of 2 copies of each divorce paper, as you need to file the original set of documents with a court, keep one copy for yourself and give the other one to your spouse.

Once all forms are prepared, make sure to sign them, preferably in blue ink.

Filing for
Divorce in
Texas

Steps to Consider

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.

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Uncontested divorce 
in Texas

Uncontested Divorce in Texas

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.
Child custody

Getting a Divorce with Children in Texas

Child custody

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.
Child Support

Child Support

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.

Divorce Without a Lawyer in Texas

Divorce Without
a Lawyer
in Texas

People pursuing an uncontested divorce in Texas can file for and complete a divorce without a lawyer. Considering that local divorce law attorneys charge up to $400-500 per hour, the overall cost of divorce can reach tens of thousands of dollars. In turn, divorce without a lawyer, also known as a do-it-yourself divorce, can be a great way to save money and time.

Still, divorcing spouses without a solid legal background will most likely face difficulties preparing divorce papers that comply with local laws and requirements. In this case, by using Divorce.com services, couples have the opportunity to eliminate these challenges with how-to instructions for completing and filing.

Once you download the completed divorce papers from your online account, you should print and sign them. Then, it’s possible to file these documents with the District Clerk's Office personally or use the online Electronic-Filing (E-File) provided by the Texas Court system. Afterward, a petitioner will need to pay the filing fee, notify the other party, and attend a final court hearing.

Frequently Asked Questions

How long will it take to get divorced in Texas?

Considering that Texas requires a minimum 60-day waiting period between filing divorce paperwork and finalizing a divorce, it's fair to say that the quickest divorce can be granted in 61 days. However, this process almost always lasts way longer. For example, even an uncontested divorce usually takes at least 3-5 months, whereas a contested one typically lasts from 6 months to a year. The average duration of the most complicated cases, in turn, is over a year.

Can I get a free divorce in Texas?

It’s possible to get a free divorce in Texas, but there are some requirements. First of all, a petitioner should apply for an uncontested divorce. Second, a petitioner needs to use a DIY option. And finally, a petitioner has to file a fee waiver form called an "Affidavit of Inability to Pay."

How do I file for divorce in Texas?

To file for divorce in Texas, a petitioner should:

  • Prepare divorce paperwork
  • File completed divorce forms with a court
  • Serve a respondent with divorce papers
  • Wait for the judge to sign a Final Decree of Divorce
How much does a divorce cost in Texas?

The average cost of a traditional contested divorce is around $15,600 for people with no kids and $23,500 for couples with minor children. Spouses seeking an uncontested divorce using Divorce.com services can reduce divorce costs and get the paperwork fast and inexpensively.