Online Divorce in Texas — Get Your Divorce Forms in TX (24/7)

Online divorce in Texas

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How to get divorce in Texas

divorce in Texas

The information below will help understand more about the divorce in Texas.

The common steps of how to get divorce in Texas:


First of all the spouse have to be lawfully married.


The spouses must meet the residency requirements of the state of Texas.


The interested person must have fault of no-fault grounds based on which he or she wants to file for a divorce in the state of Texas.


The spouse must come to a common agreement with his spouse regarding the issues of custody of child, child support, payment of alimony and property division. If this is done, then the spouse can formalize an uncontested divorce. If there is no single agreement on any issue, then he or she files for a contested divorce, which means that the court will independently decide on the dispute.


The spousehave to fill out Texas divorce papers.


Once the divorce form documents are ready, the interested personhave to file them to the court. And wait while the court will take a decision regarding the case.


If the spouse decided to break off a marriage and want to apply for a divorce in Texas, then to meet residency requirements at least one of the spouses must reside in the state within 6 months before filing the application. Moreover the spouses must be residents of the county where they want to get a divorce for at least 90 days.

Residents of Texas who are representatives of the armed forces, whose place of dislocation is outside the state or country, are still considered as residents of the state of Texas. Representatives of the armed forces who are not residents of the state, but are dislocated at a military base in Texas, at least for the last 6 months, also satisfy residency requirements to be able to file a divorce and fill out Texas divorce papers.

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Valid grounds to get divorce in Texas

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In Texas, there are 2 possible divorce options: no-fault and fault.

The second one means that the spouse wants to issue a divorce because his or her spouse has committed any serious mistake during the marriage, which the spousewill have to prove in court.

A no-fault divorce mean that the marriage is considered to be irretrievably broken because of disagreements in the family.

The following reasons can be attributed to the grounds:


Domestic violence or ill-treatment.


A complex mental illness of one of the spouses or imprisonment in a psychiatric hospital for a period of more than 3 years.


Adultery. The divorce can be granted for such reason in case if the spouse can prove in the court that his or her spouse has committed misconduct.


Abandonment. The divorce can be granted for such reason in case if one of the spouses voluntarily left the second for a period of more than one year.


The criminal term of one of the spouses, received during the marriage. The court may grant a divorce in favor of one spouse if during the marriage the other spouse has been convicted of a felony; has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and has not been pardoned. The court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.


Marital misunderstanding. Divorce can be granted if there are irreconcilable circumstances between spouses because of a joint strife or conflict of interests that destroys marital values and makes it impossible for any attempts to reconcilliation.

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Annulment of the marriage in Texas

Annulment of the marriage in Texas

There are situations when the marriage was concluded in fraudulent way, such a marriage is considered void. One of the parties may demand annulment of the marriage, stating that it was concluded on fraudulent grounds.

In order to formalize an annulment, the couple had to marry in the state of Texas or at least one of the parties is a resident of the state.
Annulment can be made on the basis of the following circumstances:

  • At the time of the ceremony, one of the spouses was between 16 and 18 years of age and the marriage was concluded without the consent of the parents or the relevant court order.
  • At the time of marriage, one of the parties was under the influence of narcotic substances or alcohol intoxication and could not soberly and clearly assess the situation and consequently was unable to give consent to the marriage.
  • One of the spouses forced the second to marry by force;
  • One of the parties suffered from a mental illness at the time of marriage and did not have the opportunity to independently decide on the marriage.
  • If at the time of the marriage one of the spouses hid the fact that his/her previous marriage was dissolved less than 30 days ago, and the application for annulment was filed less than a year after the conclusion of current marriage.
  • The parties have married less than 72 hours after receiving the marriage license, and the application for cancellation is filed less than 30 days after the marriage.
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Custody of the child in Texas

Custody of the child

In Texas, there is a separate term for guardianship determination - it's a conservatorship. Quite often, courts prefer to award joint custody after divorce, which is called Joint Managing Conservatorship, and implies that both spouses are equally responsible for the child's care. This means that each of the parents has privileges, powers or duties, or the decisions made by them have exactly the same weight as the second spouse.

If the court does not award joint custody, then it means that one of the spouses will have an advantage in making decisions about the child's life, and this is called the Sole Managing Conservatorship.

All common children who are under the age of 18 must be listed in the divorce form documents.

The decision on custody is based on the best interest of the child, the courts of the State of Texas ensure that children have constant contact with the parent who has shown the utmost responsibility and the desire to act in accordance with the best interests of the child.

Rules for child support in Texas

During consideration of the case regarding divorce in Texas courts may require one or two spouses to financially support common children until they reach the age of 18 or are released from high school. The amount of the child's financial assistance is calculated on the basis of the percentage deducted from the net income of the parents. Courts of Texas are guided by the Varying Percentage of Income Model to calculate the level of financial support for a child after a divorce. This model is based on the ratio of net income of spouses and the number of children born in marriage. If the monthly income of the spouse is $ 6,000 or less, the slumbering ratio is applied:


1 child

20% of income


2 children

25% of income


3 children

30% of income


4 children

35% of income


5 children

40% of income


6 children

Not less than the amount for 5 children

If the spouse's monthly income is more than $ 6,000, then the interest rate applies only to the first $ 6,000, and additional monetary compensation for the child's benefit can be counted relative to the remainder of the income if the court considers this reasonable and it will be proved that the child needs additional support.

Usually the parent who is the financial guardian of the child still has to pay for the child's medical insurance, regardless of the amount of support established.

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Rules for spousal support in Texas

Rules for spousal support

The courts may require one of the spouses to pay financial assistance to the second spouse after the divorce in Texas, this may be affected by:

  • The marriage lasted more than 10 years;
  • One of the spouses is disabled;
  • The presence of domestic violence in the family;
  • The financial situation of each spouse;
  • The income of each spouse;
  • Education and skills of each spouse;
  • Age of spouses and their level of health;

Property division in Texas

Property division

According to the legislative base of the state of Texas, the court initially assumes that all property acquired in marriage is the common property of the spouses.

All property registered in the marriage will be divisible by 50 to 50 during the divorce. If the spouse has separate property, he or she must prove to the court that it is his or her and nobody else's.

Evidence must be clear and convincing.

Also, keep in mind that sometimes the amount of wages or fault grounds of divorce can also influence the court's decision regarding the division of property.

Divorce without a lawyer in Texas

If the spouse apply for a divorce in Texas, then there is no need to use the services of a lawyer. Depending on which county the spouse lives, the process of divorce in the state of Texas can vary. 

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Contested Divorce
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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

Any spouse can ask for help from mediators in resolving disputes during a divorce in Texas. In this case, the court will postpone the case for up to 60 days

Divorce forms in Texas

If the spouse decided to get a divorce in Texas before filing papers to court he or she should fill out different forms, such as Original Petition for Divorce, Citation, Notice of Service of Process and Decree of Divorce.

If you feel that you need a help in filling out divorce form documents you can initiate online divorce in Texas. Such as service - the best provider of online divorces in USA. We will select the forms that are relate to your divorce case, and also help to fill them correctly in accordance with the requirements of the state. Using Online Divorce you can be sure that you will get your Texas divorce papers filled out correctly and in a short time, which will greatly help you to save time, money and nerves during your divorce proceedings.

Uncontested divorce in Texas

Uncontested divorce in Texas

In the other side it is possible to use much more fast, easy and less expensive method to get a divorce just by applying for "Uncontested Divorce" which is a good solution for couples who has agreed on all their controversial issues . When a divorce papers are filled out and registered in any courts which are under the jurisdiction of the State of Texas as an "Uncontested Divorce" it means that the both spouses together have signed their applicable Texas divorce papers to notify the judge that they both spouses agree to all of the disputes of their divorce case, including: the division of the common marital property (as well as assets and debts) acquired in the marriage and the total amount of alimony for spousal support (if the alimony support is requested by one of the parties). However, if there are any minor children under age of 18 that were born during the marriage both spouses also have to come to an agreement regarding the acceptable conditions of the custody, visitation and amount of the support of the children.

When both sides have come to a single agreement regarding all the aspects of the divorce case, and both husband and wife have signed together Texas divorce papers, this type of uncontested divorce is also can be known as a "Texas Agreed Divorce" or an "amicable divorce" (which means that divorce can be considered as friendly case). In the second type of uncontested divorce (here means amicable divorce) both parties work together to obtain their divorce. It is also can be called as a "collaborative divorce."

In the situation where the spouses do not have a single solution to the contentious issues or they have disputed that can be resolved without the involvement of a third party, than the divorce will be called contested and the court will independently decide on the differences.

How to serve divorce papers in Texas

Legislation of the state of Texas obliges the person who submits for divorce, to notify his spouse about the registration of the divorce case. The spouse is required to provide his or her spouse with all copies of Texas divorce documents that have been submitted to the judicial office. The interested person have to notify his or her spouse about the initiation of divorce in several ways: it can be the services of a sheriff or a constable, or ways of public disclosure, such as an ad in a newspaper.

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Filing fees for divorce in Texas

Court filing fees are in addition to the cost of using This cost may vary by county. Please check with your local courthouse to determine the exact amount.