File for Divorce in Wilbarger County, Texas (TX) | Divorce in Wilbarger County

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Online Divorce in Wilbarger County

divorce in Wilbarger County

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Valid grounds to get divorce in Wilbarger County

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According to Texas Family Code, Title 1, Chapter 6, based on the petition of either party to a marriage, the court may grant a divorce without regard to a fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. If the spouses choose this no-fault ground, divorce can be arranged as a no contest.

Additionally, the court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years or based on so-called fault grounds for divorce. These grounds for divorce in Texas include:

  • adultery;
  • cruelty or violence;
  • abandonment/desertion (1 yr.);
  • insanity ( confinement in a mental hospital for at least 3 yrs.);
  • conviction of felony and imprisonment at least 1 yr. (unless spouse testifies against convicted spouse).

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Custody of the child in Wilbarger County

Custody of the child in Wilbarger County

Divorce in Wilbarger County with children is ruled by the Texas Family Code, which is the single law for the entire state.

Texas Family Code, Title 5, Chapter 153 establishes the best interest of the child as the primary consideration of the court in determining any issues of custody and visitation of the child.

Regarding this, the court may appoint either sole or joint custody (in legal terms, these are sole managing conservator or joint managing conservators), depending on what would be fair in the particular divorce case.

However, the state of Texas has adopted a presumption that parents should be named as joint managing conservators (JMC) unless proven otherwise.

Joint managing conservatorship in Texas implies that both parties share the rights and duties of a parent, even though their shares of the responsibility may vary. The exclusive right to make certain decisions may still be awarded to one parent only (by the court decisions or the parents' agreement).

According to The Texas Family Violence Benchbook, the court cannot grant one parent an SMC (sole custody), and the child cannot be isolated from either parent until the court has strong evidence of the danger of such contact for the child.

Among reasons that indicate such a danger and allow the court to assign SMC contrary to the current presumption are:

  • one parent's willful abandonment of parental duties;
  • the parent has a history of family violence or neglect;
  • the parent has a history of drugs, alcohol or other criminal activity;
  • the other parent has been absent from the child's life;
  • an extreme conflict between the parents over educational, medical, and religious values.

In any other circumstances, each child custody case in a divorce should be considered separately. The court evaluates numerous factors that help to determine what would be in the best interest of the child, taking into account the parents' wishes and opportunities. In an uncontested divorce, the judge considers and approves the Parenting Plan created jointly by the spouses.

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Rules for child support in Wilbarger County

When going through the process with a child, either or both parents may be ordered to make payments for the support of the child. Nevertheless, despite the presumption of joint custody, Texas courts usually order child support to be paid by the parent with whom the child does not live.

According to Chapter 154 of the Texas Family Code, child support usually has to be paid until the child reaches 18 years of age or until graduation from high school, whichever occurs later. If a child is disabled, the court may order that child support be extended longer.

The exact amount of child support in Texas divorce is calculated individually following the Texas Child Support Guidelines.

The amount of support is generally based on a percentage of the non-custodial parent's income. When calculating payment amounts, the court first determines the monthly net resources of the parent paying child support (without social security taxes, federal income tax, state income tax, and expenses for health insurance coverage for the obligor's children).

Thus, referring to Texas Family Code, Sec. 154.125, child support amounts are based on a percentage of the monthly net resources of the obligor (the spouse who is ordered to make child support payments) and the number of children as follows:

  • One Child: 20% of net resources
  • Two Children: 25% of net resources
  • Three Children: 30% of net resources
  • Four Children: 35% of net resources
  • Five Children: 40% of net resources
  • Six Children: Not less than 40% of net resources

If the obligor must support other children as well, the calculation should be made according to the simple chart below. It determines the percentages of net resources based on the number of children before the court and any other children (biological or adopted) which are also being supported.

Number of children before the court
Number of other children the parent has a duty to support
  1 2 3 4 5 6 7
20.00 25.00 30.00 35.00 40.00 40.00 40.00
17.50 22.50 27.38 32.20 37.33 37.71 38.00
16.00 20.63 25.20 30.33 35.43 36.00 36.44
14.75 19.00 24.00 29.00 34.00 34.67 35.20
13.60 18.33 23.14 28.00 32.89 33.60 34.18
13.33 17.86 22.50 27.22 32.00 32.73 33.33
13.14 17.15 22.00 26.60 31.27 32.00 32.62

Rules for spousal support in Wilbarger County

Rules for spousal support in Wilbarger County

According to the Texas Family Code, Chapter 8, Sec 051, the court may order alimony for either party, but only if the spouse seeking spousal maintenance lacks sufficient property (including separate property) to provide for their minimum reasonable needs. Additionally, the paying party must have the financial capacity to pay alimony.

The criteria used in determining the right to receive alimony for a spouse seeking maintenance are as follows:

inability to earn sufficient income to provide the minimum reasonable needs because of an incapacitating physical or mental disability;
the marriage was ten years or longer, and the applicant cannot earn sufficient income to provide for reasonable needs;
alternatively, the spouses' child requires personal supervision because of a physical or mental disability that prevents the custodian spouse from earning sufficient income.

Sec. 8.052 of the Texas Family Code provides other factors in determining spousal maintenance, which should also be considered by the judge in a divorce lawsuit. These factors include each spouse's financial resources and earning capacity, their education and employment skills, as well as their age, health, any history of family violence, adultery or cruel treatment. Also taken into consideration is the length of the marriage, whether either spouse is paying child support, and whether either spouse spent community property excessively or fraudulently disposed of joint property.

Thus, each alimony request in Texas is considered separately based on the unique circumstances of each couple.

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Property division in Wilbarger County

Property division in Wilbarger County

The Final Decree of Divorce in Texas includes an Order concerning how property is divided (the real estate, assets, and other property jointly held by the spouses). According to Sec. 7.001 of the Texas Family Code, the court distributes the property as it deems just and right, having due regard for the rights of each party and the children of the marriage.

Many people expect that, since Texas belongs to community property states, all the property must be divided 50/50. However, Texas courts have broad discretion when it comes to defining a just and right division. There are different options for the division of joint assets. In contested cases, the judges take into account a long list of factors when determining what kind of property distribution would be equitable. In an uncontested divorce, the spouses are eligible to allocate property the way they want. The court will approve any Settlement Agreement if it is fair.

Mediation support in Wilbarger County

Mediation is an alternative dispute resolution option aimed to help spouses to negotiate constructively. Divorce mediation assists the spouses in jointly drafting a Marital Settlement Agreement that will be approved by the court. Negotiating is not easy. So the mediator works with the couple, helping them to engage in a productive dialog and come up with mutually beneficial solutions faster.

In Wilbarger County, divorce mediation is not a mandatory stage of marriage dissolution. However, courts may order mediation in some cases, or the parties may participate in mediation voluntarily.

One of the few restrictions for divorce mediation is a history of family violence, according to Sec. 6.602 of the Texas Family Code.

How to file for divorce in Wilbarger County | Step-by-Step


Meet residency requirements. First, the couple has to meet residency requirements to obtain a divorce in Wilbarger County, Texas. According to the Texas Family Code, Chapter 6, Sec. 6.301, either spouse must have lived in the state for the prior six months and in Wilbarger County for at least the previous 90 days before filing the Original Petition for Divorce.Meet residency requirements


Choose the right court for your case. The court used to file for divorce depends on the place of residence. In Wilbarger County, Texas, family law matters and divorce cases fall under the jurisdiction of District Courts.Choose the right court for your case


File the documents. The filing spouse (plaintiff) should collect the required divorce forms for their divorce in Texas, fill out these divorce papers, and file a Petition for Divorce through the District Clerk's office. According to the Texas Constitution, Article V, Section 9, the District Clerk acts as registrar of all court papers for any legal cause of action in the District Courts.File the documents


Serve the divorce papers on your spouse. The plaintiff has to submit two copies of the Petition For Divorce to the Clerk. The original will be stamped with a case number, and both copies will be dated. This date is considered the official start of the divorce procedure. One copy will be returned to the plaintiff, and the other has to be given to the second spouse to notify him or her of the divorce proceeding. This process is called serving divorce papers in Texas. You can learn how to serve your spouse with divorce documents in the Clerk's Office or at the Texas court website. The procedure for serving varies, but the copy cannot be delivered personally by the plaintiff.Serve the divorce papers on your spouse


Attend the prove-up hearing. There is no need for a formal trial in an uncontested divorce in Texas. However, since Texas Family Code provides for a mandatory waiting period, even an uncontested divorce cannot be finalized until 60 days have passed from the time of service on the respondent.
After the waiting period, if the spouses have resolved all their issues, they can participate in a "prove-up hearing" - a brief hearing in an uncontested divorce. The judge considers the spouses' agreement, and if no changes are required, the divorce is granted. Attend the prove-up hearing

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Contested Divorce

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Contested divorces can be lengthy and costly due to spouses being unable to agree on one or more key issues, including child custody, property division, or spousal support.

  • Offline and inconvenient process in which both parties often hire attorneys to represent their interests.
  • The adversarial nature of a contested divorce can lead to heightened emotional stress and strain for both spouses and their families.
  • Absent a settlement, the final divorce judgment and terms are determined by the court, which may not fully align with the preferences of either spouse.

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  • Online process to be completed at your own pace, can get documents as quickly as same day.
  • Receive ready-to-file forms specific to your jurisdiction and situation.
  • Easy online access for both spouses, free revisions for 30 days, and the ability to save your data longer term. Experienced customer support via chat and phone.
  • Ancillary services to ensure optimal outcomes, including name changes, co-parenting support, and getting started with your life after divorce.
  • Detailed instructions on how to file with the court or the option to purchase our filing service.

Filing fees for divorce in Wilbarger County

At the same time that the Petition for Divorce is filed, the plaintiff has to pay a court filing fee, which is approximately $300 in Wilbarger County, Texas. The exact amount of the filing fee, as well as other court costs, will depend on the case. Although the cost of divorce varies based on numerous factors, the court filing fee is mandatory for all.

Litigants who cannot afford to pay the filing fee may apply for assistance by filling out and signing an Affidavit of Inability to Pay Court Costs in the presence of a public notary.

How long will it take?

Following the Family Code, Sec. 6.702, the divorce timeline in Texas implies a mandatory waiting period. In Wilbarger County, a divorce cannot be finalized before the 60th day after the date the suit was filed.

Exactly how long it will take to get divorced in Texas is impossible to predict. There are too many factors that can affect the length of the divorce process. Contested divorces usually take much longer than uncontested divorces. Hiring an attorney and going through a trial usually takes much longer than a do-it-yourself divorce. Even a simple, uncontested DIY-divorce can be a pretty complicated task for a person without a legal background. There is no single fastest way to get divorced.

Nevertheless, on average, dissolution is usually much quicker if both parties can reach an agreement, and the divorce is no-fault and uncontested.

Filing for divorce in Wilbarger County | Frequently Asked Questions

How much does a divorce cost in Wilbarger County?

The cost of divorce in Texas mainly depends on whether the case is contested or not, as well as whether you are going to seek legal assistance or proceed on your own. At a very minimum, the cost of a DIY divorce will consist of the court filing fee. If an attorney is hired, they typically charge an hourly fee which can significantly increase the total cost of divorce. Other additional costs may include mediation, parenting classes, appraiser's fees, as well as any other service fees that may be required.

How do you file for divorce in Wilbarger County without a lawyer?

Despite its benefits, DIY divorce doesn't fit every couple. There may be some difficulties with the bureaucracy, especially if the spouses have children or any major assets or debts. A DIY divorce is not always as fast as it seems. For couples that want to get divorced without a lawyer, but need some help, can be an excellent and inexpensive option. This service will complete all the divorce paperwork for you at a reasonable cost and provide all the information you need for the filing process.

What forms are required for an uncontested divorce in Wilbarger County?

The following are the primary divorce forms required to be filed in an uncontested divorce in Texas:

  • Petition for divorce
  • Citation (Summons)
  • Waiver of Service
  • Final Decree of Divorce
  • Notice of Final Decree

Other divorce forms and worksheets may be needed in certain cases. For example, a Child Support Order, Military Affidavit, Orders Re Property and Debts, Power of Attorney to Transfer Motor Vehicle, Affidavit of Inability to Pay, etc.

Can I file for legal separation in Wilbarger County, Texas?

Unlike most other US states, there is no such procedure as legal separation in Texas. Texas courts do not grant any separation orders without getting dissolution of the marriage.

When is it allowed to remarry after a divorce?

According to the Texas Family Law (Sec. 6.801), neither party of a case can legally remarry until 31 days after the divorce has been granted. The divorce is finalized the day the judge signs the Decree of Divorce, so the date of divorce does not always match the day of the final court hearing.

Divorce in Wilbarger County online

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  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.

Divorce Courts in Wilbarger County, Texas

46th District Court
Judge Name:
Judge Dan Mike Bird
Clerk Name:
Brenda Peterson
Court Address:
1700 Wilbarger, Vernon, Texas 76384