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Online divorce in Texas

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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms. You may be able to download blank forms from a government website depending on your state.

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by Jamie Kurtz

Jamie Kurtz has been a practicing divorce lawyer since 2008. She received her Juris Doctorate from Southwestern Law School in Los Angeles in 2007. Ms. Kurtz was selected to Rising Stars for 2013 - 2016, 2019 - 2020, a peer designation awarded only to a select number of accomplished attorneys in each state. She also co-founded a law firm that specializes in uncontested divorce cases.

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Online Divorce in Texas

divorce in Texas

Please note--OnlineDivorce.com is not an appropriate substitute for the advice of a lawyer.

For those seeking an inexpensive divorce in the state of Texas, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in Texas.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though Texas has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.

Online divorce can be a perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in Texas is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in Texas with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

Please NOTE, OnlineDivorce.com does not offer services in Medina County. Please contact our customer support department to learn your options for filing in this country.

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In Texas, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

At least one of the spouses (either the husband or wife or both) must have lived in the state of Texas for at least the six months before filing for divorce. In addition, the spouse who files the divorce (who is called the petitioner) must have been a resident of the county where the divorce will be filed for at least the ninety days prior to filing.

Please NOTE, OnlineDivorce.com does not offer online divorce services in Medina County. Please contact our customer service department to learn your options.

Each and every state has specific requirements regarding residency for the divorce to be finalized, and Texas is no exception. If you wish to file for divorce in Texas, the person who is filing for the divorce must have been a resident of Texas, or have been serving in the armed forces in Texas, for at least six months prior to filing.

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date Texas driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.

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Valid grounds to get divorce in Texas

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of Texas. Grounds are merely the reason for divorce, and the state must approve them.

 

In Texas, you can file as a no-fault divorce. This means that the spouses can allege that the marriage is insupportable. In this case, a couple will obtain a divorce without stating additional grounds.

 

Some of the fault-based grounds for divorce in Texas include, but are not limited to,adultery, cruelty, conviction of a felony and abandonment. Remember, it is not necessary to claim one of these reasons for filing. In fact, by filing a fault-based divorce, there becomes a need to prove the grounds and in many cases this can make the divorce much more complicated and may make it drag on much longer than would otherwise be necessary.

OnlineDivorce reviews

Wesley H., Missouri

I started my divorce on my own, spending loads of money on lawyer visits in the beginning. So I decided to google for other ways and using this site was so much more simple!

James V., Texas

I had a very successful business at the time. So, making sure I had the right forms was very very important during my divorce. I was so surprised at how easy and smooth this process was.

Chloe J., Florida

After years of a tumultuous marriage, I finally decided that I needed to reclaim my life. I was looking for how to go about it and came across this site and they simplified and made the process of divorce easy for me. I never thought it would’ve been possible.

Will S., Colorado

Stress-free and easy! I was initially gonna hire a lawyer but I found online divorce the next best option. No muss, no fuss divorce. No big legal words that I’d have to have read 10 times to understand!

Marco P., California

California is expensive and divorce can be even more expensive in the end but I can say that this site payed everything out for me to follow, from child support to alimony. My ex agreed to go this way as well so it was a much less expensive option for us.

Tamara B., Nevada

Because of the whole dissolution of the marriage, I was struggling with two children and just in limbo with my husband at the time because of child support and alimony. I was a stay-at-home mom for 10 years. I just want to say that this site helped me sort it out. Thank you.

Theresa S., New York

I live in upstate NY and unfortunately one day I found myself in a situation for divorce. I was all out of whack, needed answers to take action. Enough was enough so I did it on this site. Everything was clear to understand, all forms and what to put in which box.

Livy B., Illinois

Onlinedivorce.com is the bomb! I mean, using it was so easy to follow. So, if you find yourself in this situation do your divorce here if possible. Documents for all stages, alimony, child support and all!

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Custody of the child in Texas

Custody of the child

Joint or sole managing conservatorship (better known as custody) is decided according to what is in the best interests of the child. The genders of the parents is not a factor for consideration in making these decisions. The wishes of the child may be considered when this is applicable. The factors to be considered in deciding the terms and conditions for custody of a child by the parent with visitation are as follows:

  • The age, circumstances, needs, and best interests of the child;
  • The circumstances of the parents;
  • Evidence of any spouse or child abuse; and
  • Any other relevant factor.

Some of the factors specified in the statute that must be considered in decisions regard­ing joint custody are:

  • Whether all physical, emotional and psychological needs and development of the child will benefit;
  • The ability of the parents to give priority to the overall welfare of the children and reach decisions in the all children’s best interests;
  • Whether both parents can encourage and accept positive relationships between the child and the other parent;
  • Whether both parents had participation in child care before the filing of the suit;
  • The geographical relationship of the homes of the parents;
  • If the child is 12 years old or older and sufficiently mature, the preference of the child; and
  • Any other relevant factor.

The court will not usually award joint managing conservatorship is there are credible evidences of spousal or child abuse or neglect. Parents can file a written agreement with the court discussing joint managing conservatorship. The court awards joint managing conservatorship based such agreement between the parents if the agreement:

  • Establishes the residence of the child;
  • States rights and duties both parents regarding the child’s current and future care, support, and education;
  • Includes provisions minimizing disruption of the child’s daily routine, school and ability to associate with friends;
  • Was agreed to voluntarily and knowingly; and
  • Is for the best interests of the child

Additionally, there are standard terms regarding a court order in a child’s conservatorship set out in the statute which is presumed to be the bare minimum allowed time that the parent not awarded the primary physical custody of the child is to have the child. [Texas Codes Annotated; Family Code, Chapters 153.004 to 153.434].

Rules for child support in Texas

The state of Texas standard child support guidelines apply in almost all cases. Both spouses’ income and many of the child related expenses are considered when calculating child support obligations. In the State of Texas, child support obligations will continue until the child or children reaches age eighteen, and those support payments may extend through the completion of the child’s secondary education. Child support is usually paid by wage assignment.

Either parent may be required to make periodic or lump-sum child support payments. Official child support guidelines are set out in the statute and these will be presumed to be reasonable and in the best interests of the child. The factors for exceptional consideration include:

  • The age and needs of the child;
  • The amount of possession and access to the child;
  • The ability of the parents to contribute to the support of the child;
  • Any financial resources available for the support of the child;
  • Provisions for health care;
  • The net resources of the parent to pay support, including the earning potential of the parent to pay support if the actual income of that parent is significantly less than what that parent could earn, if intentionally unemployed or underemployed;
  • Any childcare expenses necessary for the employment of either parent;
  • Whether a parent has custody of another child and any child support expenses being paid or received for the care of another child;
  • The amount of alimony being currently paid or received;
  • Any wage or salary deductions of the parents;
  • Any educational or health care needs of the child, including college expenses;
  • Any benefits a par­ent receives from an employer;
  • Any debts or obligations of a parent;
  • Any special or extraordinary educational, health care, or other expenses of the parents or the child;
  • The cost of traveling to visit the child;
  • Any provisions for health care or insurance;
  • Any positive or negative cash flow from any assets, including a business or investments;
  • Whether either parent has a car or housing furnished by an employer or other person or business; and
  • Any other relevant factor.

The court can order health insurance coverage be provided for the children. Additionally, the court can order income withholding to secure the payment of any child support owed. [Texas Codes Annotated; Family Code, Chapters 154.001 to 154.309].

Uncontested Texas divorce with children

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Rules for spousal support in Texas

Rules for spousal support

Alimony, also known as spousal support, is sometimes ordered by the court to help one spouse live in a manner established during marriage after the divorce. Assistance may be decided upon by the couple together before filing or may be awarded by the court in a contested case. The court may award rehabilitative (short-term) or more permanent alimony to either of the spouses in either lump-sum payments or as monthly/yearly payments or both.

In Texas, either spouse can be ordered to pay an equitable amount of alimony to the other. The following factors, among others, are to be considered:

  • The overall financial condition and ongoing needs of the recipient spouse;
  • The recipient’s earning capacity and potential earning capacity and ability to produce income;
  • The ability that the paying spouse has to provide support;
  • The duration of the marriage;
  • The standard of living enjoyed by the couple at the time of separation;
  • Any marital fault that was assumed to be of one of the spouses;
  • If the marriage has been lengthy andi t dissolves at the time of a major change in income of one of the spouses;
  • If one spouse’s earning capacity or education was greatly enhanced by the other’s efforts;

and

  • Whether the spouse has custody of the child or children;
  • Whether the spouse worked in a business operated by and/or owned by the other spouse or his or her family; and
  • Any other factors deemed relevant by the court which will be reviewed at that time.

The amount of monthly maintenance can be no more than the lower of $2,500.00 or 20% of the paying spouse’s monthly gross income. [Texas Codes Annotated; Family Code, Chapters 8.001 to 8.055].

Property division in Texas

Property division

When a couple decides to divorce in Texas, they must agree to split their property in a fair and agreeable manner. When the couple agrees upon the split themselves, the court will usually go along with anything decided assuming it is fair and in the best interests of any children that may be involved in the divorce.

Texas is a known as what is called a “community property” state. The spouse’s separate property, which consists of:

  • Any property a spouse owned prior to the marriage;
  • Any property a spouse acquired during the marriage by gift or inheritance; and
  • Any recovery a spouse received for personal injuries which occurred during the marriage, will be retained by the spouse who owns it.

The property which is determined to be community property, consisting of all other property acquired by either spouse during the marriage, will be divided equitably, unless the court finds that this would be unjust. Also, the court may split up property which was acquired by either spouse while residing outside the state which would have been deemed community property if they had obtained it while residing in Texas. The only factors for consideration specified in this statute are a regard for the rights of each spouse and any children. All property possessed by either spouse during the marriage will be presumed to be community property unless it is shown that the property is otherwise known as separate property. A court will determine the rights of the spouses with regards to any pension or retirement plan and rights dealing with any insurance policy. [Texas Codes Annotated; Family Code, Chapters 7.001 to 7.006].

Why us? Review the OnlineDivorce.com difference

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Contested Divorce

Average prices start at $2000

Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unforeseen expenditures. Lengthy and expensive option.

  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal costs
  • Potential court battles add to the already high-stress levels
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Fully-guided, fast and affordable process. Experienced and reliable online divorce service using top-notch technology.

  • Ready-to-file divorce documents can be completed at your own pace with easy access for both spouses
  • Award-winning customer support
  • One flat fee (for both spouses) to access all completed documents for filing
  • Free revisions and free name change, no hidden fees
  • Detailed state-specific filing instructions
  • Review all and make changes from the comfort of your own home
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Other Online Divorce Services

Average prices start at $300

Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.

  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in Texas

The State of Texas serves to promote amicable and non-judicial settlements of child support and familial issues. Upon written agreement of the spouses or the court’s decision, the court can refer the divorcees to mediation. A mediated settlement of the case is 100% binding if it is signed by the spouses and provides that the agreement is not subject to being revoked. Additionally, upon request, the court may order both spouses to consult marriage counseling. If the counselor’s report indicates expectation of reconciliation, the court may order further counseling for up to 60 more days. Upon every divorce filing, the court clerk is required to furnish a statement regarding the availability of marital counseling services. [Texas Codes Annotated; Family Code, Chapters 102.0085, 153.010, 6.505, and 6.602].

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in Texas

Texas forms produced by OnlineDivorce.com are court approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.

Divorce in Texas online

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Filing fees for divorce in Texas

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long it will take

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

Frequently Asked Questions

Can I really file for divorce in Texas without a lawyer?

Texas laws allow people to represent themselves in the state courts, and divorce is no exception. Both parties in dissolution proceedings are eligible to proceed and promote their interests without a lawyer.

The filing requirements and the divorce procedure rules do not differ for the spouses who resort to legal assistance and those who arrange a do-it-yourself divorce. However, arranging a divorce on your own implies the litigant is fully responsible for the paperwork preparation and consequences of the trial.

Therefore, law experts typically do not recommend filing for divorce by yourself when the divorce is contested or if the spouses have valuable assets, minor children, or other controversial issues, making a divorce case more complicated and unpredictable.

An alternative option for those who want to settle their disputes out-of-court but still need some help is a limited-scope representation, such as divorce mediation, counseling, online divorce services, etc.

How can I file for divorce in Texas without a lawyer?

As long as Texas residency requirements are met, the couple is eligible to file for divorce with a local court. The plaintiff (the party who initiates the case) shall collect the initial divorce paperwork and fill out a divorce petition.

The forms should be filed with the District Clerk's office in the county of either spouse's current residence. At the moment of filing, the plaintiff has to pay the court filing fee to officially start the case.

They should then make copies of divorce papers and deliver them to the second spouse, following the rules of civil procedure. The second spouse (defendant) can be served with divorce documents by a licensed process server, a local sheriff, certified mail, etc. In brief, the procedure for serving can vary, but the plaintiff cannot hand the papers personally to the defendant.

How much does it cost to get an uncontested divorce in Texas?

An uncontested divorce is generally considered more affordable than a contested procedure, which is usually associated with high attorney fees per hour.

However, as each divorce case’s circumstances are different, the total costs required to terminate the marriage (even peacefully and without a lawyer) may vary significantly.

For example, some spouses would like to seek a lawyer's help for their uncontested case, while some resort to online legal aid, mediation services, OnlineDivorce.com help, etc. Other additional costs may include process server fees, parenting classes, and any other service fees that may be required.

Only the filing fee charged at the moment of filing a petition is the same for all Texas couples. In Texas, the court filing fee is approximately $300 and can vary slightly from county to county.

How long do you have to live in Texas to file for divorce?

For Texas District Courts to have jurisdiction over the divorce case, the spouses must meet the state's residency requirements.

Thus, under the Texas Family Code, at least one of the spouses must have lived in the state for the prior six-month period.

Besides this, the plaintiff has to apply for divorce in the county where either party has been living for at least the previous ninety days before filing the Petition for Divorce.

How long do you have to respond to divorce papers in Texas?

In Texas, a defendant in a divorce case served with the copies of divorce papers has very little time to respond.

As a defendant, you should file an answer with the court within twenty days after receiving the copies of the documents.

If a defendant fails to respond before this deadline, the plaintiff can finish the divorce without further notice, asking the court for default judgment.

How do you get a free divorce in Texas?

Filing for divorce for free in Texas is available only for those plaintiffs who are eligible to proceed without paying court fees due to financial hardship.

If a plaintiff cannot afford to pay a court filing fee, which is about $300 in Texas, he or she may request a waiver by completing and submitting an Affidavit of Inability to Pay Court Costs to the court.

In all other cases, an uncontested dissolution of marriage can be much cheaper than people typically tend to think, but it still is not free due to mandatory court costs.

What papers do I need to file for a divorce in Texas?

In Texas, the primary divorce forms required to be filed in an uncontested divorce are:

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

Other divorce forms and worksheets which may be needed in some instances include but are not limited to:

  • Child Support Order
  • Military Affidavit
  • Orders Re Property and Debts
  • Power of Attorney to Transfer Motor Vehicle
  • Affidavit of Inability to Pay

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
  • 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.
  • We guarantee 100% court approval on divorce papers prepared through our website or your money back - we have 20 years of experience in completing divorce forms so clients can be sure the court will accept their documents without issues.

There weren't any problems through the process, and I got the ready-made forms on time. The court has already accepted my paperwork. I saved a lot of time by using this service.

⭐⭐⭐⭐⭐ Susan B.