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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, and a user can download those on a court's website.

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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

April F., Missouri
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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].

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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].

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Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditures. Overall lenghty and expensive way to go.
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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.

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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.

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

  • We provide the full divorce packet that is required by a 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, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk's office directly.
  • We complete the necessary forms for clients based on the answers they give in a simple guided online interview - clients do not need to read through the legal jargon and try to figure out how to fill out those forms yourself.
  • We give the detailed and easy to follow step-by-step instructions for filing a divorce with the court - so a 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 time and money for our clients - if divorcing spouses are in agreement regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and they 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 money back - we have 19 years of experience in completing divorce forms so clients can be sure the court will accept their documents with no issues.