While there are many couples that are able to get divorced in an amicable way, that’s unfortunately not the only path that a divorce can take. Sometimes, spouses will use sneaky divorce tactics in order to harm the other spouse financially or emotionally.
Divorces can get nasty for a number of different reasons. Whether it has to do with infidelity, financial problems, emotional difficulties, or something else entirely, there are some instances where one spouse (or both) decides to make it their highest priority to get more than their fair share out of the divorce or to punish their soon-to-be ex.
If you’re getting divorced and there is bitterness, animosity, and tension, it’s a good idea to keep an eye out for signs that your partner might be playing dirty tricks.
Let’s take a look at seven sneaky divorce tactics you should watch out for.
One dirty trick that spouses can play as a part of separating is spying on one another. Spouses can also spy on each other in countless ways, including:
It’s important to understand that the method through which you spy on your spouse can hurt your divorce case. You might think that your efforts to spy are just what you have to do in order to collect evidence against your spouse. However, how you obtain the evidence you put forward is very important in terms of whether or not the evidence will be admissible.
If it comes to pass in court that you gained access to data that was password protected, for example, this is considered an illegal act as it endangers their privacy. Other actions that you should avoid during divorce due to the problems it can cause you in court include:
If you believe that your partner is cheating and you want to obtain proof of adultery, there are ways to go about this legally. You can do this by accessing shared data, accessing public information, or hiring a private investigator.
The division of marital property and financial assets is one of the biggest points of contention in countless divorces. Understandably, there can often be hard feelings during the process of divorce on the part of at least one spouse. This can lead them to try and keep more of the marital property to themselves or at least spitefully deprive the other spouse of their fair share.
Though it can be tempting, it’s essential that you never hide assets when you are getting divorced. You are both legally required to disclose all of the assets you have, which include anything with real value or future value.
In a divorce, one spouse might try to hide their assets by lying about their marital property. They might do this by understating, undervaluing, or straight-up hiding their assets.
Another tactic is to report a lower income than they actually receive or to overstate debts.
However, it’s important to understand that this isn’t just potentially immoral, but it is definitely illegal. When you sign the Financial Affidavit, you are swearing that you are being honest about your finances. Having a skilled divorce lawyer can help ensure that you aren’t breaking the law in your efforts to protect your rights and interests.
Are you getting divorced in Texas without a lawyer? This can help you save a lot of money, but it's really only a good idea if you and your spouse agree on all of the divorce terms. If you're interested in getting a DIY divorce in Texas, check out our guide here.
If one spouse in a marriage relies on being a signatory to their partner’s credit cards, it’s possible that the cardholding spouse could cancel the cards to cut off access to funds. If you worry that your spouse might leave you out in the cold, you might consider taking out credit cards in your own name before taking the step to file for divorce.
On the other hand, spouses might play a different dirty trick by using credit cards as a weapon. In some instances, one partner might run up debts on shared accounts. What this means is that the buyer can keep the property because it is considered personal property, but the debts constitute a community liability.
Another dirty trick that spouses will play is canceling the utilities. This might mean turning off the electricity, water, TV, or phone when the other spouse is still living in the home. In order to avoid this, you can contact the utility companies ahead of time and tell them about your situation or change the utility accounts to reflect only your name. It’s a good idea, though, to talk to a divorce lawyer about how to deal with the potential occurrence of this dirty trick, as they’ll be able to advise you on the best steps in your specific situation.
Sometimes, one spouse is so bitter about the divorce that they will destroy their shared property. While this isn’t particularly rational, they might feel so committed to making sure their spouse doesn’t receive anything useful in the divorce that they are willing to take a hit themselves as well.
As an example, let’s say that one spouse moves out of the marital home with a new partner. The remaining spouse might feel so distraught by the reality of the infidelity that they punch holes in the walls, defer maintenance, or destroy shared property in the home.
If you are moving out of a house that is jointly owned as a part of a separation or divorce, it’s a good idea to have an agreement in writing about how the home will be cared for. You should also try to maintain access to the property in order to keep an eye on routine care and maintenance.
Also, if you have both decided that you will be putting the house up for sale as a part of the divorce, it might be a good idea not to wait too long to get this process started.
One particularly dirty trick spouses can play is by exploiting the concept of a “conflict of interest.” Basically, an attorney can’t represent one spouse if the other spouse has already met with them and shared personal information about the case. In order to make the divorce as difficult as possible for their partner, the other party can set up consultation meetings with a bunch of the top lawyers in town. This means that when their partner calls to set up a meeting, the attorney won’t be able to represent them because of the conflict of interest.
You might feel like your spouse is either unreasonably delaying or rushing the divorce process. When it comes to delaying the process, they might file endless motions with the apparent goal of damaging your financial health. They also might be trying to make the divorce as psychologically and emotionally difficult for you, dragging it on rather than allowing you both to have a clean break and move on with your lives.
On the other hand, you might feel that your spouse is rushing through the divorce process. If you’ve just been served with divorce papers and you suddenly have your spouse’s attorney sending a settlement offer and pressing you to sign, it’s possible that some trickery is afoot.
In this instance, it’s possible that your spouse is trying to hide assets or hide negative terms. If you receive a settlement offer right away and it’s accompanied by written or verbal pressure regarding why it’s paramount that you sign ASAP, this is a red flag.
If your spouse is intentionally stalling the divorce, you might be worried about whether or not the divorce petition will expire, and you'll have to start the whole process over again. If you're getting divorced in Texas, check out this article about whether or not a divorce decree expires in the Lone Star state.
A particularly bitter spouse might try to ruin your reputation by making accusations against you regarding behaviors like drug abuse, physical abuse, or sexual abuse. They might do this to gain primary custody of the children, to get the other party out of the marital home, or to force supervised visitations.
If you are worried that your spouse is going to make false accusations against you, you’ll want to lawyer up right away. They can help you hire a forensic psychiatrist and other experts to help prove that the allegations against you are not true.
While the seven dirty tricks we listed above are some of the most common ways that spouses can try to get more than their fair share in a divorce, there are a lot of other things you’ll want to keep an eye out for. Hopefully, if you are getting divorced, you are able to proceed with your soon-to-be-ex in an amicable way. If you can tell that there are a lot of animosities, though, you might want to watch out for signs of funny business.
Sometimes, a spouse will move their children to another state just so it’s difficult for the spouse to visit them. In these instances, one spouse might move with the children without leaving a forwarding address or without any notice. If you’ve been tempted in this regard, you’ll want to hold back from this type of action.
You can end up losing primary custody and having geographical restrictions put on you, as judges really don’t like it when a spouse tries to interrupt a parent’s right to spend time with their kids.
If your spouse is a small business owner or an entrepreneur, it’s possible that they might try to hide money in their business in order to artificially lower their on-paper income. The reason for doing this would be to reduce the amount of child support or alimony they could owe.
This one is particularly disturbing, but it does happen. If your spouse is emotionally unstable but also fairly technologically savvy, it’s worth understanding the risk of this type of tomfoolery. Frequently used for child custody purposes, a spouse might choose to create fake Facebook posts or emails that paint an unstable or unflattering picture of the other spouse.
A spouse might make a fake social media profile for the other spouse and send messages from that account that are incriminating and damaging.
Believe it or not, extortion can also be used as a dirty tactic by a resentful spouse. There are a lot of different possible examples here, but it always involves some element of getting what they want via threats. This might mean that a husband threatens to send nude photos of his wife to her boss if she doesn’t give him what he wants in the divorce, or a wife threatens to take out a domestic violence charge against her husband if he doesn’t give her as much alimony as she thinks she deserves.
This is one of the saddest things that can happen in divorce cases because it directly influences the children’s relationship with their parents. One parent might intentionally alienate the children from the other spouse in order to hurt their ex emotionally or to have an impact on how much time they can spend with the children.
Getting divorced can be completely overwhelming. It can be stressful both emotionally and financially, even when you and your ex agree on all of your divorce terms. When one spouse decides to engage in sneaky divorce tactics, it can take your stress levels to an all-time high.
In these instances, it’s best to find a lawyer sooner rather than later. They can help guide you through the process and help you document the activity of your spouse that is suspect in a way that stays within the bounds of the law.
It’s also important to learn as much as you can about the divorce laws in your state. This way, you will know the best way to protect yourself and your interests.
Are you looking for more information about getting divorced in Texas? Check out TexasDivorceLaws.org.
Separation and divorce are two of the most stressful life events that a person can go through. Not only do you have to navigate a complex legal landscape, but it’s also financially and emotionally taxing. When you’re thinking about your divorce, another terrifying notion might occur to you– will everyone you know be able to access the sensitive details about your divorce? Are divorce records public?
The short answer to this question is yes. However, there are ways that you can avoid having the details of your settlement available to the public.
There are also methods you can use to have divorce records sealed if you are able to argue why your needs for privacy outweigh the public’s right to having access to information.
Let’s take a look at everything you need to know about divorce records so you can ensure that your confidential information isn’t easily accessible.
There are actually a number of different documents that are related to getting divorced that fall under the term “divorce record.” You’ll want to know about the information that is contained in the various divorce documentation in order to best protect your privacy.
Some of the documents that are frequently referenced when discussing divorce records include divorce decrees, divorce certificates, and divorce court records.
The divorce court records are a collection of all of the various documents that have been filed as a part of the divorce case. This includes recordings and transcripts of in-court proceedings. Out of all of the different types of divorce records, this is the most detailed.
There can be a lot of information contained in divorce court records. They will include information about your children, your finances, your personal lives, and the reason that you got divorced.
Are you interested in getting divorced in Texas without using a lawyer? If so, check out this article to learn about getting a DIY divorce.
The divorce decree is the document that finalizes a divorce. This is what is signed by the judge at your final hearing. The information contained in this document can vary quite a bit.
Basically, some decrees can have tons of information about the specific terms of your divorce. This might include alimony, property division, child support, and child custody. In other instances, this document might just have a handful of details and otherwise just reference another document that contains the terms of the settlement reached between the two parties.
This is an official document that is issued by a state office (such as the office of vital records or the health department) that tracks vital records in your state. There is not a lot of information about your divorce contained in these records. Typically, they will state your names, the date of the divorce’s finalization, and the address of the court where you had your final hearing.
This is the document that is frequently used to show proof of divorce or in order to determine whether or not someone is divorced.
Divorce records are typically a part of the public record. There are some states that don’t have any restrictions on access. This means that literally, anyone who is interested can request a copy of the divorce record for anyone else.
In most states, however, there are limits to who can access divorce records and for what reason. This is because these records can contain sensitive and personal information. In general, access to different types of divorce records will vary, and some are easier to access than others.
There is pretty much always going to be personal and sensitive information in divorce court records. The policies about who is allowed access to the complete divorce court records differ quite a bit between states and courts.
In pretty much every U.S. state, you have to request divorce court records from the specific court where the divorce was finalized. It is common for courts to only give out copies of these records to the parties that were involved in the case or the lawyers that represented them.
People that do have a direct interest in the case might be allowed to view some of the documents. However, they might not be allowed to copy them.
In many states in the United States, who can access divorce decrees is limited. This is because these documents can contain a lot of personal and sensitive information about personal matters, children, or finances. As an example, a state might make it so only the parties involved and their attorneys can access these documents. People who are able to prove that they have a legal interest might also be allowed access.
In order to get a copy of a divorce decree, in most states you have to request a copy directly from the court that issued it. This usually is accompanied by a small fee.
As we discussed above, divorce certificates have minimal details about the divorce included on them. This means that they are the easiest to access out of any of the different types of divorce records. In many states, there are only few restrictions, if any, regarding who is allowed to get a copy.
There are many online court record services through which people can pay a fee in order to get a copy of a divorce certificate. They can also be requested from the office that is responsible for tracking vital records in the state where you got divorced.
In order to get a copy of a divorce certificate, a person typically needs to know the names of the parties involved, the location of the court where the divorce decision occurred, and the case number.
In many courts across the country, it is standard practice to redact certain types of information. For example, things like your bank account numbers and Social Security numbers might be blacked out from the public record. However, it’s a good idea to check with your court to make sure that they do this. It’s also a good idea to never include any sensitive information as a part of your court filings unless it is necessary to do so.
If you are hoping to protect the information in the documents beyond the types of info they usually redact automatically, there is a process you can go through. At least one spouse has to ask the court that decided the divorce to seal the record.
What does it mean for a court to seal a record?
Basically, it means that the court will keep a copy of the document in question for their own records. However, strict restrictions will be placed on the documents when it comes to who can view them and copy them. This means that the documents will no longer be accessible or available to the public.
You will need to explain why you specifically want your records sealed, however. In particular, you will need to be able to argue why the public’s right to access the information is outweighed by your privacy concerns.
It is common for courts to grant these types of requests for certain types of information, including:
You will have to ask for which specific parts of the file you would like to be sealed by the judge. If your request is granted, they will only seal the portion that you asked to have sealed.
As an example, you might be worried that your business could be harmed by the financial information contained in your divorce records. If your request is granted, the court will only seal the parts of the record that pertain to your company’s finances. The rest of the divorce records will still remain public, rather than the entirety of your divorce records being made inaccessible by the public.
There are some limited and specific situations where a court might allow access to a sealed record to someone who isn’t one of the parties involved or their lawyers. In general, though, it is very difficult to access a sealed record. In order to gain access to a sealed record, the interested party would have to formally petition the court. Typically, they will also have to go to a hearing and describe why they are making the request.
Are you wondering if your divorce petition expires? If you're getting divorced in the state of Texas, check out this article to learn more.
If you are concerned about the details of your divorce being public, there are a number of ways that you and your spouse can work together to limit how much information is available to the public. One of the easiest and most convenient ways to ensure that the details of your divorce are kept confidential is to not take your divorce to court and instead settle it out of court.
There are a lot of different ways to avoid going to court for divorce, even if you and your spouse don’t agree on all of the divorce terms right out the gate. Mediation is a popular tactic, which allows both parties to meet with a trained and neutral mediator that helps them work out the details of the divorce terms.
Collaborative divorce is another option on the table. In this process, the parties and their attorneys all agree to work together to come to a settlement. If they aren’t able to come to an agreement during this process, the couple hires new lawyers and begins all over again.
If you and your spouse are able to agree on the terms of your divorce, you can then draft what is known as a divorce settlement agreement. You can then request that the court doesn’t include this settlement in the court documents but instead only references it.
In this instance, the documents that are filed as a part of the case will still be a part of the public record. However, this is one of the best ways to ensure that the specific details of your settlement are kept private and confidential.
Depending on your state, you might also be able to add a confidentiality clause to your official divorce papers. This can mean that you can achieve a higher level of privacy than you would in a standard legal proceeding.
A clause like this might be able to bar your spouse from talking about your divorce with anyone else. If they were to break this clause, they might have to pay punitive damages to you. This can be a tool used in divorces that are particularly messy, as they help to make sure that private details about your personal life don’t ever leave the courtroom.
Of course, maybe you are more concerned about keeping your divorce quiet in your town rather than the small chance that someone will try and track down your divorce records.
In this instance, a good tip for keeping your divorce private from the people around you in your life is to only talk to professionals about it. The fewer people you mention your divorce to, the less chance the news will spread among the people you know. Instead, talk to doctors, therapists, attorneys, and other professionals about the topic.
When you are getting divorced, it can feel like there is way more on your plate than you can handle. Trying to navigate the legal process, the financial burden, and grieve the loss of your marriage all at once can feel like an impossible burden. While there is no denying that this is a difficult time, understanding the ins and outs of divorce law in your state can help you understand what your rights are and how to best proceed with your divorce.
That’s why we created TexasDivorceLaws.org. Our growing library of resources is intended to serve the people of Texas with all of the most vital information for anyone getting married or divorced.
Drafting a prenuptial agreement before you get married might not seem like a very romantic thing to do, but it can be a smart financial move for many engaged couples. Ranging from simple documents to incredibly complex agreements, prenups can help you and your partner outline how finances will be dealt with in your marriage. If you’re about to get hitched in the Lone Star State, you might be wondering how to get a prenup in Texas.
Premarital agreements, contrary to popular belief, don’t necessarily mean that you and your partner believe your marriage is doomed to fail. In fact, they can actually be a tool that strengthens your relationship because you have already agreed on important financial decisions ahead of time.
For that reason, we put together this guide filled with what you should know about getting a prenup in Texas. Let’s dive in and take a look at all the most important details.
Getting a prenup might not be for everyone, but in certain circumstances, it can make a lot of sense. It’s worth noting that Texas is one of nine states that are community property states, meaning that both spouses equally own any property that is acquired during the marriage. For this reason alone, you might consider getting a prenup if you’re tying the knot in Texas.
Let’s look at some of the factors that might mean you should get a prenup:
There are, of course, a lot of other reasons you might want to get a prenup in Texas. However, this list is a helpful starting point for understanding some of the common reasons that couples choose to write out an agreement regarding finances before they get married.
(Wondering how much a prenup costs in Texas? Check out this article.)
Depending on the assets and debts you and your partner are bringing into a marriage, prenups can range from fairly simple to incredibly complex. Let’s look at how to get a prenup in Texas.
The first step to getting a prenup in Texas is determining whether or not it is something that would benefit you and your spouse-to-be. A prenuptial agreement is a legal contract that describes the assets and debts that each party is bringing into the marriage and how assets and debts will be dealt with in the case of a divorce or death.
(Curious to know how long it takes to get divorced in Texas? Take a look at this article.)
An important part of the process of creating a prenup in Texas is talking with your partner about your finances. You will want to talk honestly about each of your financial situations and whether you plan to combine or keep separate your assets after marriage.
This can be a really useful step to take for any soon-to-be-married couple even if you don’t end up creating a prenup. When you begin the marriage with an open conversation about finances, it can help build a strong foundation of trust between the two of you.
You’ll want to touch on any and all issues that could impact your marriage in the future. This includes:
It’s best to have this conversation as early as possible. This will give you both plenty of time to reach an understanding without the wedding day looming nearby.
It is totally normal for people to feel weird talking about money, but it’s a good idea to keep the conversations professional. Rather than framing the discussion about what will happen if you get divorced, it can be helpful to look at it as a part of financial planning for married life.
You can choose to either hire a lawyer to help you through the process of creating a prenuptial agreement or you can craft one on your own. If you go the DIY route, you will want to be very certain that your prenup will be considered valid in a Texas court. Otherwise, all of your hard work could be for naught.
If you are hoping to save money when you are creating a prenup, there are templates you can find online to help you through the process. In general, though, it is a good idea for each spouse to have their own attorney when creating a prenup. If one or both of you has an estate that is fairly complex, it is probably a good idea to involve a lawyer rather than trying to do it on your own.
Whether or not you have an attorney draft the prenup, it is generally advised that you have an attorney review the prenup. This can help you know for sure that the prenup has been drafted properly and will increase the likelihood that it will be seen as valid in a Texas court.
The next thing you will want to do is to make a list of each person’s assets, income, debts, and anticipated future gains. It’s important that all relevant financial information is fully and accurately disclosed at this point. This is important, of course, for the sake of trust in the marriage, but also because failing to disclose all relevant information could end up leaving the document invalidated if it ever ended up in court.
Texas is one of the states in the U.S. that has adopted the Uniform Premarital Agreement Act. Created in 1983, this Act was created by the National Conference of Commissioners and outlines all of the elements that they believe should be a part of a prenup that is legally enforceable.
There are three requirements that a prenuptial agreement must meet in the state of Texas in order to be considered valid. These are:
On the other hand, another set of factors will mean that a prenup is unenforceable in the state of Texas. These are:
For an agreement to be unconscionable it means that it is egregiously unfair. If any of the following are true, the contract would be considered unconscionable:
If you are going through all the trouble of creating a prenuptial agreement, it’s important to make sure that it will be enforced in the state of Texas. For this reason, it’s a good idea to have a lawyer look over your prenup if you working with one during the drafting process.
There are certain things that cannot be determined in a prenuptial agreement in Texas. For example, you can’t assign a cap to child support payments or rule out child support payments. Child support in Texas is determined by the courts, and a prenup cannot overrule this process.
Acts that would be illegal in Texas also can’t be included in a premarital agreement. A prenup can be invalidated if it is seen to be an attempt to defraud creditors through transferring asset ownership from one partner to another and they can’t condone acts such as being married to more than one person.
As mentioned earlier, there are templates available online if you are trying to reduce your lawyer fees in the process. However, if your finances are at all complicated, it is probably best to involve an attorney in the drafting process.
In your prenup, you will want to provide a complete description of each of your assets. This includes bank account names and numbers, locations and addresses of properties, explicit descriptions of valuable belongings, and the make, model, and year of any vehicles that each of you owns. You will also enter any debts that either of you is responsible for.
In your prenup, you will want to define which property or assets will be kept separate. This means that the property or asset will remain in the possession of the original owner if the marriage were to end. Other considerations include:
You will also want to make clear which property will be shared between you. You will also want to describe how you plan to deal with assets that are acquired while you are married and how you plan to divide them if the marriage were to end.
Next, you will want to explain how the debts that you currently have will be paid. This might state that marital property will pay for certain debts or that an individual is solely responsible for paying back their own debt.
You can also define any financial support that will be paid to a spouse in the event of a divorce. While a Texas prenup cannot limit the amount of child support that one parent pays to the other if they get divorced nor determine child custody, you can memorialize a binding agreement about alimony.
You can choose to waive alimony, set up a level of support, agree to cost of living adjustments, or otherwise deal with any matters that impact alimony.
Your prenup should also outline what will happen to the marital residence in the case of divorce. While this can be a difficult issue to face before you have even gotten married, it can be helpful in the long run to decide how to deal with the marital property ahead of time.
This is also an opportunity to define how you and your partner will handle finances during the marriage. This might include who will handle share finances, how you will make large purchases, whether you will have shared or separate bank accounts, or who will pay household bills. You can also outline how you will pay taxes, how to deal with existing tax debt, whether you will file jointly or separately, and more.
A prenup is also a chance to decide ahead of time how you will allocate property if you were to get divorced.
You will need to finalize your prenup before you get married in order for it to be valid. As soon as you are legally married, the agreement becomes effective. Among other things, prenups need to be written and signed in order to be valid in Texas. Again, it’s a good idea to have a lawyer check everything over before the two of you are legally married.
Some or all of the following issues can be included in Texas prenups:
Child custody and child support cannot be included in a Texas prenup. The right to child support is considered the right of the child in Texas rather than belonging to the parent.
No, you can’t get a prenup once you are already married. However, it is possible to sign what is known as a postnuptial agreement. In most cases, these contracts can achieve the same goals as a prenuptial agreement can. In this type of agreement, you can outline how to own and manage property during the marriage and what will happen to your property in the case of death or divorce.
If you don’t have a prenup in Texas, your property will be divided according to Texas law. This means that your separate property will continue to be your separate property (assuming that you can prove that you received it by gift, descent, or devise or that it belonged to you before the marriage.)
Most forms of income and other property that was acquired during the marriage, though, will become community property. This is considered jointly owned and will be divided in a “just and right” way. This doesn’t necessarily mean, however, that it will be divided 50/50.
Getting a prenup can set you and your partner up for financial success in your marriage. Rather than thinking of it as just an agreement about what will happen in the case of divorce, it’s best to think of it as a family planning document. After all, it can also outline important financial decisions that you and your spouse had the forethought to discuss and come to an agreement about before you tied the knot.
If you’re looking for more articles about divorce, prenups, marriage, and issues regarding family law in Texas, you’ve come to the right place. Be sure to stop by TexasDivorceLaws.org for more valuable resources.
In 2004, only one state allowed same-sex couples to get married. A little over ten years later, the U.S. Supreme Court declared that the Constitution grants same-sex couples the right to get married. Considering that all states have their own marriage laws, you might still be wondering: is gay marriage legal in Texas?
While the Supreme Court did rule that same-sex marriage was legal, there actually were some holdouts at the county level in the state of Texas. In fact, until 2020, one county held that it would not issue marriage licenses to gay couples.
At this point, though, same-sex couples can apply for and receive a marriage license in all Texas counties.
Are you wondering what else there is to know about gay marriage in Texas? Let’s dive in and take a look at all of the details.
Gay marriage has been legal in Texas since 2015. Soon after the U.S. Supreme Court ruling of Obergefell v. Hodges on June 26, 2015, all Texas counties except Irion County began issuing marriage licenses to gay couples.
Many counties in the state began issuing same-sex marriage licenses within just a few hours of the ruling, which stated that same-sex couples have the fundamental right to marry and bans on gay marriage at the state level are unconstitutional. Some other Texas counties waited to begin issuing licenses to same-sex couples until they received corrected state license forms or direction from state officials and local county attorneys.
The Attorney General of Texas, Ken Paxton, released an opinion stating that he supported county officials that refused to issue same-sex marriage licenses on religious grounds. Both Hood County and Irion County chose to not issue licenses based on this reasoning, but Hood County changed their tune when a lawsuit was threatened against them.
Irion County remained the sole holdout in the Lone Star State until 2020 when a new person took over the role of the county clerk. The County will now willingly issue licenses to all couples, meaning that there are no counties in Texas that will not grant marriage licenses to same-sex couples.
In the first three months after the Supreme Court ruling, about 2,500 gay couples were married in the state of Texas.
Before the Supreme Court ruling that determined that state bans against gay marriage were unconstitutional, it was not legal for same-sex couples to get married in Texas. However, one marriage license was issued to two women early in 2015 before the Supreme Court Ruling, when a state court ordered a Travis County Clerk to do so on account of one of the women being ill.
There were two judges in Texas prior to the Obergefell v. Hodges decision that determined that the state ban on same-sex marriage was unconstitutional in two separate cases in 2014. However, both of these cases were appealed.
The Texas Legislature, in 1997, prohibited marriage licenses from being issued to couples of the same sex. Six years later, in 2003, a statute was enacted by the Legislature that voided any civil union or same-sex marriage in the state of Texas. This same statute also prohibited any political subdivision of the state, any agency, or the state itself from giving effect to civil unions or gay marriages that occurred in other jurisdictions.
In 2005, Texas Proposition 2 was approved by Texas voters. This proposition amended the constitution of the state to prohibit the creation or recognition of “any legal status identical or similar to marriage” and defined marriage as consisting “only of the union of one man and one woman.”
There was a bill named House Bill 1300 that would have repealed the prohibition against gay marriage in Texas as a part of the Legislature’s 2013 season. The bill, however, died in the House of Representatives State Affairs Committee. Another bill known as Senate Bill 480 aimed to repeal the prohibition against civil unions, but this bill also didn’t make it through the State Affairs Committee.
There have been a number of state lawsuits in Texas regarding same-sex marriage over the years. However, the U.S. Supreme Court ruling in Obergefell v. Hodges determined that state bans against gay marriage were unconstitutional. Though two Texas counties initially did not abide by the ruling, and Irion County held out for several years, all counties in Texas will issue same-sex marriage licenses as of 2020.
There have been a number of notable cases in the history of Texas state law regarding gay marriage and divorce in the state.
The Texas ban against same-sex marriage was challenged by two couples in November 2013. One couple was married in Massachusetts and the other couple was unmarried. Federal District Judge Orlando Garcia was assigned the case, and he ruled on February 26, 2014, against the ban on gay marriage in Texas.
The Attorney General, Greg Abbott, stated that Texas would appeal the decision and Governor Rick Perry responded that the court was trying to overrule what Texans had voted for through an election.
When the U.S. Supreme court ruled that state bans against gay marriage were unconstitutional, this case was still pending in the Fifth Circuit. Garcia issued the final order to strike down the same-sex marriage ban after the decision from the Supreme Court.
This case from 2014 involved a same-sex couple that had gotten married in Washington D.C. They filed for divorce and child custody lawsuit, and, as a part of which, Judge Barbara Nellermoe ruled that there were three parts of the Texas Family Code that were unconstitutional.
This case involved a different same-sex couple that got married in Massachusetts. They filed for divorce in Austin and were actually granted the divorce before the Attorney General was able to intervene. The decision was appealed by the Attorney General, but the Third Court of Appeals in Austin held that the state couldn’t challenge the divorce. The case went on to the Texas Supreme Court and the divorce was ultimately granted even though the State of Texas never recognized the marriage.
(Are you wondering how long it takes to get divorced in Texas? Take a look at this article to learn more.)
In February of 2015, Judge Guy Herman found the refusal to recognize same-sex marriage in the state of Texas as unconstitutional while hearing a disputed estate case. He recognized the common law marriage of two women in order to decide a case regarding inheritance.
There was an intervention from Attorney General Ken Paxton with the goal of overturning this action.
Another judge, Judge David Wahlberg, ordered the issuance of a marriage license to two women in Travis County just two days later. One of the women was severely ill, and this was the reason for ordering a marriage license to be issued. They were able to receive the license and get married the same day.
Both of the orders were stayed by the Texas Supreme Court in February 2015. While Paxton did ask the court to void the marriage license of the two women, his efforts were eventually dismissed by the Texas Supreme Court.
In order to get married in Texas as a same-sex couple, you go through the exact same process as a heterosexual couple. You first have to apply for a license at the county clerk’s office. This is followed by a 72-hour waiting period before an authorized religious official or a judge can marry you.
The application for a marriage license requires that you display that you are legally eligible to get married. This means that you cannot be currently married, you can’t be trying to marry someone that is your first cousin or closer in blood relation, and you can’t be trying to marry a current or former stepchild or step-parent. For people that wanted to get married under the age of 18, a court order is required.
Once the license is issued by a county clerk, the marriage ceremony must occur within thirty-one days. Your ceremony can be performed by any justice, judge, justice of the peace, or an authorized officer of a religious organization.
Yes, there is a waiting period before you can get married in Texas. This waiting period is typically 72 hours after you receive your marriage license.
Texas is not the only state that requires that couples wait after receiving their marriage license before getting married. The reasoning behind this is to allow couples some time to make sure that they are making the right decision for them.
Yes, a same-sex marriage performed in another state or country is valid in both Texas and the United States. This means that Texas residents that want to have a wedding out of state don’t have to worry about their marriage not being seen as legal when they return home.
Same-sex couples are also allowed to enter into an informal marriage. This type of marriage is also referred to as a common-law marriage. These couples are also allowed to hold the earliest date that they met all of the informal marriage requirements as their marriage date.
There is no specific time period that a couple has to be together before they are legally allowed to declare themselves to be a part of common-law marriage. Instead, they simply need to fulfill three requirements, which are:
In order to be common law married, both individuals need to be at least 18 years old. They also must be legally single and not related to each other by consanguinity (blood-related to a certain degree).
If one of the involved parties is married to someone else, the prior marriage must be dissolved before a new common law marriage can begin.
You are not automatically common law married if you live together for a certain period of time or if you have children together. The only way to have an informal marriage in the state of Texas is to satisfy the three points listed in the above section.
Death certificates in Texas do now reflect surviving same-sex spouses. A surviving spouse can also request a revised death certificate for a spouse that passed away before June 26, 2015, if their marriage was legally recognized in a different U.S. state.
In order to issue or amend a death certificate, documentation of the marriage needs to be provided as well as the other standard required documents.
It is still a good idea to practice estate planning even if you are married in Texas. This can allow you to legally determine a number of important decisions, such as appointing trustees to manage property and guardians for your minor children.
If you do not make these decisions ahead of time, a court might end up making these decisions.
Without a will, state law will dictate who your property is inherited by. If you are interested in controlling where your assets go after you pass away, you will want to create a will.
Yes, same-sex couples can get divorced in the state of Texas. The same basic issues are at hand in a Texas divorce whether it involves a straight or same-sex couple. These typically include property, children, and custody suits.
Are you wondering how much it costs to get divorced in Texas? Check out this article to learn more.
Same-sex couples were previously allowed to adopt in Texas. However, it required that each individual adopt the same child as a single person rather than as a couple. This meant that each parent needed to individually go through the adoption process one at a time with at least six months between each adoption process.
However, there are now new guidelines. That means that same-sex couples are allowed to adopt children as a couple as long as they are legally married. Under Texas law, all married couples go through the same process when it comes to adopting children.
If an unmarried couple wants to adopt a child, they typically have to go through the two-step process described above. It’s a good idea to consult a family law lawyer if you wish to adopt your partner’s biological child or if you and your spouse want to adopt a child jointly.
While the state of Texas was rather firm in its refusal to recognize same-sex marriage for many years, the U.S. Supreme Court ruling in 2015 began the process of all counties issuing marriage licenses to same-sex couples. When you get married in the state of Texas, at this point, the process is identical whether you and your spouse-to-be are of the same sex or of opposite sexes.
If you’re looking for more information on marriage, divorce, prenups, or any other related topics in Texas, you’ve come to the right place. Be sure to check out TexasDivorceLaws.org for more resources.
If you’re thinking about getting a prenuptial agreement before you get married, you’re probably wondering how much it costs to put together a legally enforceable contract. If you’re about to tie the knot in the Lone Star State, you might be wondering: how much is a prenup in Texas?
Basically, it depends on a lot of different factors. In some instances, it can cost as little as a few hundred dollars. However, on the other end of the spectrum, it can cost several thousand dollars.
When the idea of a prenup comes up before you get married, many couples worry that it indicates that they aren’t confident that the relationship will work out. In reality, though, prenups can be a useful tool in planning out your financial future as a married couple.
Let’s take a look at what you need to know about prenups in Texas to help you and your soon-to-be-spouse make a decision that is right for you.
A prenuptial agreement commonly referred to as a “prenup,” is a legal contract between two people who intend to get married. You might also hear these agreements referred to as antenuptial agreements or premarital agreements. This contract is drawn up in order to outline issues such as the division of property, which can include buildings, land, cars, retirement accounts, and other assets. Contrary to popular belief, though, prenups don't just deal with what happens in the case of a divorce and can be a part of smart financial life planning.
The finalization of a prenup can occur before the couple gets married. Once the two parties are legally married, the prenup becomes effective.
Not everyone who is planning to get married will necessarily benefit from a prenuptial agreement. However, there are a number of reasons why this might be a good idea, depending on your circumstances.
Before we get into the reasons you might want to get a prenup, you’ll want to understand that Texas is a community property state. A community property state asserts that all property and assets that are acquired by either party during a marriage belong jointly to both spouses. In general, any assets that are brought to the marriage by one partner that were acquired before the marriage are considered separate property. However, that isn’t the case if the assets are commingled.
Some reasons that you might want to think about getting a prenup in Texas include:
If you are trying to determine whether or not a prenup would be worth it before you get married, it might be a good idea to talk to an attorney. They will be able to give you specific advice related to your particular circumstances.
Prenups can also help to clear up a number of questions about how money is handled in the marriage. Finances can cause a lot of stress in a marriage, so outlining how you will deal with this aspect of life ahead of time can help to avoid problems down the road.
For example, a prenup can discuss how you and your spouse will handle assets that you accumulate together. It can also outline whether you will maintain separate bank accounts, a joint bank account, or both.
There is a cultural concept of prenups as being a sign that both parties don’t believe that the marriage will last or that one of the involved parties is only marrying the other because of their financial situation. This really doesn’t have to be the case, though, and many people choose to get a prenuptial agreement as a part of a smart financial plan that can offer protection to both parties.
Some of the benefits that might compel you to pursue a prenup in Texas include:
In some instances, you might find that having a prenup can help to provide peace of mind. When you know that your best interests and your assets are protected and you know that you both agree to the terms you’ve outlined, it can help put your mind at ease.
Making a prenup doesn’t have to mean that you’re unromantic or that you think that the marriage will fail. It can also just be a way to prepare for future challenges that are unforeseen.
Prenups also don’t just have to deal with what happens in the case of divorce. It can also outline how decisions will be made regarding selling property or other financial concerns that could very likely crop up during a marriage.
Lastly, even talking to a partner about the possibility of a prenup can open the door to talk about other long-term plans. These might include creating savings plans or trusts.
There are a number of different factors that can impact how much prenups cost in Texas. In general, you can expect the cost to be somewhere between $500 and $10,000, with the higher range being for situations that are more complicated. The average cost in the state of Texas is $1,200.
Obviously, this is a pretty huge range. What are the factors that can influence how much it costs to get a prenup in Texas? Some of them include:
When you have more complicated assets and liabilities as a soon-to-be-married couple, it will influence how long it takes a lawyer to create an agreement. For this reason, the more complex your finances are, the more you can expect to pay for a prenup.
Similarly, you might be motivated to seek out a lawyer with an excellent reputation if you are dealing with a complicated financial situation. Sought-after attorneys will typically charge more, which can also increase the cost of getting a prenup in Texas.
If the negotiations are contentious, you can also expect the process to last longer and cost more money.
It’s also worth noting that some couples choose to get a prenuptial agreement as a part of an estate planning package. On average, the cost of going this route is $1,500.
Are you wondering how much it costs to get divorced in Texas? If so, check out this article.
As discussed above, how much it costs to get a prenup in Texas can vary greatly. However, if you and your partner have a pretty good idea of what you’re looking for before you put it in writing with the help of a lawyer, you can save quite a bit of money. Of course, this might not be possible in your situation if you or your partner is bringing significant assets or an otherwise complicated financial situation to the marriage.
Some of the services that you might be charged fees for when making a prenup include:
It’s a good idea to ask a prospective attorney about the costs you can expect to incur when getting a prenup. They will be able to give you an idea of what services your circumstance will require and about how much it will cost.
The ideal time to begin the process of getting a prenup is a few months before you intend to get married. This way, there is ample time to come to an agreement on all matters. The more complicated your finances, the sooner you will want to begin the process.
A number of different issues can be dealt with in Texas prenuptial agreements. You might find that you choose to include some or all of the following issues:
(Curious to learn how long a divorce typically takes in Texas? If so, you can learn more here.)
The State of Texas does not allow prenuptial agreements to limit how much child support one spouse might owe if they were to get divorced or separated. This is because, in Texas, the right to child support is understood to belong to the child rather than the parents.
Child support can be awarded by a judge based on what is considered fair and reasonable. This means that the judge’s decision can overrule any agreements that parents outlined in a prenup.
Additionally, child custody cannot be determined in advance through the use of a prenup. Child custody is exclusively decided by family law courts if it comes to that. In a family law court, what your prenup says will not be considered by a judge when it comes to making decisions regarding child custody and support.
The Texas statutes do, however, state that alimony can be determined in a prenup. Each party can elect to waive alimony, agree to a specific level of support, agree to adjustments based on the cost of living, and any other issue that impacts alimony. In these cases, family law courts will uphold what is agreed upon within a premarital agreement.
In order for your prenup to be enforceable in court, it will need to meet the requirements of Texas state law. According to Texas state law, prenuptial agreements are enforceable if:
If your contract fulfills these requirements, it should be enforceable under Texas State law.
Texas is one of the twenty-eight states that have adopted what is known as the Uniform Premarital Agreement Act (UPAA). This is a Uniform Act that was drafted by the National Conference of Commissioners on Uniform State Laws in 1983.
You can modify or terminate a prenuptial agreement when you are married if you choose to. In order to do this, you will need to enter into a written subsequent agreement that either makes changes or invalidates the initial agreement. When a couple modifies their prenup, it is known as a postnuptial agreement.
You might be tempted to try and DIY your prenup in order to save money, but it’s important to understand the potential consequences of incorrectly creating a prenup. If your prenup contains unfair provisions or doesn’t comply with state law, your prenup will be invalidated by Texas courts. Of course, when you create a prenup in the first place, the goal is to ensure that it will hold up in court if you ever end up there.
Some of the reasons that a prenup might be invalidated by the court include:
As you can see, it’s important to avoid this type of misstep. Otherwise, you might think that you have a valid prenuptial agreement, only to find that it doesn’t hold up in court when it matters most.
The terms of a prenup can be overridden by Texas state law if it is found that your prenup is unenforceable in court or invalidated.
Creating a prenup doesn’t have to mean that you think your marriage is doomed to fail. There are a lot of compelling reasons why a prenuptial agreement might be right in your situation. For instance, by agreeing to how financial decisions will be made in the future, prenups can actually help to reduce or eliminate future disagreements about money. In this regard, a prenup might protect you from the prospect of divorce, rather than indicate that dissolving the marriage is all but certain.
When you’re getting married in Texas, understanding the state laws can help you protect yourself and your family. For more information about divorce, prenups, and marriage in Texas, check out TexasDivorceLaws.org.
Getting a divorce in the state of Texas can cost anywhere from a few hundred dollars to more than $20,000. The easiest way to keep the cost of divorce on the lower end of that spectrum is to avoid hiring an attorney. For this reason, it’s common for divorcing couples to seek information on how to file for divorce in Texas without a lawyer.
You are allowed to file as a Pro Se litigant in the state of Texas, but it is typically only advisable to do so if you are filing an uncontested, no-fault divorce.
While it can be tempting to try and save money on a divorce, acting without the help of a lawyer can put you at risk of making costly and life-altering mistakes.
However, if both you and your spouse agree on the terms of the divorce, getting a DIY divorce can help you save thousands if not tens of thousands of dollars. Let’s take a look at what you need to know if you’re filing for a divorce in Texas without an attorney.
You are not legally required to hire an attorney in order to get divorced in the state of Texas. You can choose to represent yourself in family court during the process. With many tools available on the internet to help you navigate the process, self-filing for divorce has gotten a lot easier these days than it used to be.
That being said, you might want to carefully consider whether or not you will be able to protect your interests and legal rights in a divorce case without the help of an attorney. If your divorce is fairly straightforward, i.e. you and your spouse have few assets, no children, and you agree on all divorce-related issues, then you can save a lot of money by taking a DIY approach to your divorce.
However, there are definitely some benefits to hiring a lawyer. These can include helping to reduce your stress and workload, giving you access to expert legal advice, ensuring that you avoid potentially costly mistakes, and helping you avoid delays in the process. If your spouse has a divorce lawyer, you will probably want to get a lawyer of your own.
There are a number of questions you will want to ask yourself before you choose to move forward with a divorce without the help of an attorney.
There are residency requirements that you must meet in order to file for divorce in Texas. According to the Texas Family Code, you must have lived in Texas for at least six months before you can file divorce papers. You also are required to have lived in the county where you are filing the documents for at least ninety days.
Before you decide to get divorced as Pro se litigants (meaning you are representing yourself without the help of a lawyer), you’ll want to determine whether your divorce is contested or uncontested.
A contested divorce means that the two of you aren’t able to come to an agreement regarding one or more major issues. It can be difficult to always agree on absolutely every issue in a divorce, even if you are both putting forward your best effort.
You may find that you and your spouse disagree about issues that relate to financial issues, property issues, or issues related to your children.
Having a contested divorce doesn’t necessarily mean that you have to go through a painful, drawn-out divorce in the courts, though that does sometimes happen. The issues at hand can also be resolved through alternative methods, including mediation or negotiation. If you are unable to reach an agreement through informal methods, though, a judge will have to resolve the issues in court.
An uncontested divorce, as you might imagine, is when you and your spouse are able to agree on all of the divorce terms. This means that you can both retain control over your property and parenting decisions rather than potentially having to turn it over to a judge.
While you have the right to represent yourself in Texas divorce cases, it is likely a good idea to at least consult with an attorney before doing so if you’re pursuing an uncontested divorce. In general, it is recommended that you hire an attorney when your divorce is contested.
Representing yourself as a pro se litigant is much more reasonable if your divorce is uncontested. When you and your spouse can agree on all divorce-related issues on your own, you can go through the process without the help of a lawyer. Not only are uncontested divorces much more straightforward, but you also stand to save a lot of money by streamlining the process and avoiding hiring attorneys.
Another important question to ask yourself before you file for a divorce without a lawyer in Texas is on what grounds you are getting divorced. Grounds refer to a legally acceptable reason that you want to dissolve your marriage.
In the state of Texas, there are seven grounds for divorce. Three of them are considered no-fault grounds, and the other four are considered fault-based grounds.
The three no-fault grounds for divorce in Texas are:
The four fault-based grounds for divorce in Texas are:
It is only advisable to pursue a divorce without the help of a lawyer if you are filing for an uncontested divorce based on one of the no-fault grounds. By far, the most common ground for divorce in Texas is insupportability, which means that you and your spouse have differences that can’t be reconciled.
If you are planning to sue for divorce using fault-based grounds, you will most likely want the help of a lawyer. These cases are much more complicated, more time-consuming, and more stressful. If you are claiming that your spouse is responsible for the end of the marriage through the court system, you will have to prove it in court. Unless you are a legal expert in your own right, you will probably want the help of a lawyer to go that route.
If you have decided that filing for divorce without a lawyer in Texas is the right decision for you, there are a number of steps you will have to complete in order to file for and finalize your divorce. In many instances, there is a specific timeline you need to follow, so you’ll want to be sure you are attentive to various deadlines during the process.
Jurisdiction over divorces falls on District Courts in the state of Texas. If you reside in a very rural county, there might only be one District Court in your county or even one that presides over multiple small counties. If you live in a small county, you will want to find out which District Court serves your county.
In larger districts, District Courts are divided into different subdivisions that focus in certain legal areas. If you live in such a district, you will want to file your divorce papers with the proper Family District Court.
You can determine which court you should file with by using the Texas Pro Se Divorce Handbook.
Once you have figured out which court you should file your paperwork with, you will want to obtain the proper documents. Whether you and your spouse own real property or have children together will impact which forms you need to fill out.
There are approved sets of forms for couples that have children, don’t have children, or don’t have either children or property.
You will need to submit a Civil Case Information Sheet in order to file for a divorce in Texas. This form asks for information about you and your spouse, including your name, phone number, address, and email. Since this is a sheet that is required for anyone filing a civil case, you will also need to indicate that you are filing for a divorce under the “Family Law” section.
When most people think of divorce papers, they are usually thinking of what is known in Texas as the Original Petition for Divorce. Whether or not you have children will have a big impact on what information you need to offer on this form.
For people who are filing for divorce without children, the form is only four pages long. However, this paperwork for couples with children requires filling out more than twice as many pages.
When you are filling out this paperwork, you can leave the case number blank. When you file the paperwork with the court, the Court Clerk will fill out this section for you.
If you are the spouse that is filing the paperwork, you are referred to as the Petitioner. The spouse that will receive the paperwork is known as the respondent.
You will want to bring the original petition in addition to two extra copies, to the appropriate District Clerk’s office along with the required filing fee. You can either hand-deliver this paperwork, or you can mail it. If you choose to mail it, you will want to include a stamped, self-addressed envelope so that the clerk can send you a copy.
The next step is to legally notify your spouse of the Petition. There are a number of ways that you can choose to serve your soon-to-be ex-spouse (the Respondent):
The easiest method is to have your spouse sign a Waiver of Service. The Respondent must sign this after the Petition has been filed with the court and a file-stamped copy of the Petition has been given to the Respondent. Otherwise, the waiver isn’t valid.
Your spouse will have a set period of time to file an answer to the notification of the Petition for Divorce, regardless of how they have been notified. The deadline is 10 a.m. on the Monday twenty days from the day that they were served.
It’s worth noting, though, that an answer will be considered valid even if they miss the deadline so long as they do so before the divorce has been finalized.
If an answer isn’t filed by the Respondent, it is possible after a certain period of time to continue moving forward with the divorce.
Respondents also have the option to file a counterpetition in addition to an answer.
In the state of Texas, there is a mandatory waiting period of at least sixty days before a divorce can be finalized. The clock starts ticking on this waiting period from the date that you file your divorce petition with the court.
If you and your spouse are able to reach an agreement on any outstanding issues during this time, it can make the whole process go much more smoothly and quickly.
Ground rules for the waiting period can be set in the form of temporary orders at the motion of either party or the court.
While a divorce cannot be finalized before the sixty-day waiting period is up except in very specific instances, you can move forward with other parts of the process.
You are allowed to schedule your final hearing on any date after the waiting period is over. Your final hearing can involve a bench trial or a jury trial. If you and your spouse have managed to come to an agreement on all divorce-related issues and present them in writing, your hearing can be quite simple. In these cases, your hearing might only consist of answering a few questions before the judge enters the agreement into the court records.
The Final Decree of Divorce can be reached by the judge or a jury or through agreement by you and your spouse. This should deal with any of the issues that were still outstanding in your divorce. Typically, what this means is that the decree will outline the division of all community debt and community property and make clear how child custody and child support will be dealt with.
This will also detail any name changes if one or both parties are reverting their name to a previously used name, such as a maiden name. However, you will need to undergo a separate proceeding if you want to legally change your name to a name you have never used before.
In some courts, you will be required to submit your draft of the Final Decree of Divorce as a pro se litigant before you appear for your final hearing. In order to determine whether you need to do this in your jurisdiction, you can check with the court administrator.
You will need to fill this paperwork out in full in order for it to be signed by the judge. It’s therefore very important that you don’t leave anything blank in the Final Decree of Divorce.
In some, but not all, Texas counties, parents who are getting divorced are required to go to parenting courses before their divorce can be finalized. You might need to file your certificate of completion with the court before you can prove your divorce.
You might want to get in touch with the court administrator to learn whether or not you will be required to attend this type of course before scheduling the prove-up for your divorce. Understanding what is required of you can help to make sure that you can attend the course and receive the certificate of completion in a timely matter that doesn’t set your divorce back.
If you are pursuing a simple, uncontested divorce, your hearing might be as simple as appearing before a judge and providing both evidence and testimony regarding the terms of your divorce. This can mean answering just a few questions before he signs the Final Decree. When the parties are getting this type of simple divorce, it is sometimes known as the “prove-up.”
If there are contested issues in your divorce at the time of the hearing, though, the process won’t be as simple. It is often recommended to enlist the help of a lawyer if you are going through a contested divorce.
You will want to call the court ahead of time to learn when they schedule uncontested divorces and if you will be required to make an appointment. In some districts, you also might be required to go to the clerk’s office and get the official court file in order to bring it with you to the courtroom.
On the day of your divorce, you will want to bring:
The Waiver of Service needs to have been on file with the court for at least ten days prior to the final hearing.
When your case is called by the judge, you will want to approach them, hand them the original Final Decree of Divorce and the other documents you have brought. In the Pro Se Divorce Handbook, you can find sample prove-up scripts under Appendices A and B. In a simple, uncontested divorce, you will want to read the script that applies to your circumstances.
You might then be asked some questions by the judge. If the divorce is approved, the judge will tell you they are granting a divorce and sign the Final Decree of Divorce. They will also sign any other appropriate orders, if applicable.
The court files will then be returned to you. You will then go to the judge’s court administrator with the court file and copies of the required documents. The copies will then be “conformed” (stamped with the signature of the judge) and returned to you. The court file itself will need to be left with the administrator.
You will then be responsible for sending one set of the final document copies to the Respondent. In order for the State of Texas to process your divorce, you will also have to complete a form known as the “Austin” form. There might be additional forms you have to complete if child support is ordered in your case. These forms will be for the Child Support Disbursement Unit or the Attorney General. You can find copies of these forms with the court clerk.
Once the judge has signed and dated the Final Decree of Divorce, your divorce is finalized. Neither you nor the Respondent is legally allowed to get married again until thirty days have passed from the date the Final Decree of Divorce is signed. This is because both you and the Respondent are allotted a thirty-day window in which you can appeal the decision of the judge.
Getting a divorce without a lawyer can save you a lot of money. However, it’s only advisable to go this route if you are getting an uncontested, no-fault divorce. Additionally, the process can get a lot more complicated if you and your spouse share significant assets and debts, or have children together.
Are you looking for more information about divorce laws in Texas? If so, check out our library of articles on TexasDivorceLaws.org.
Getting a divorce can be one of the most stressful things a person can go through. On top of the stress, pain, and grief that comes along with ending a relationship, you also have to go through the tedious process of legally dissolving the marriage. The first step that you have to take in order to initiate a divorce in Texas is to file a divorce petition. Does a divorce petition expire in Texas, or does it remain on the books indefinitely if you don’t move forward?
The answer to this question is a bit complicated, as is common when you get into the nitty-gritty of state laws. In short, the answer is that legally speaking, a divorce petition never expires. However, practically, it can be dismissed by the court for sitting idle too long.
If this occurs, you have to start the entire process over again from scratch. For that reason, anyone going through a divorce in Texas is well-advised to be aware of the timeline they are expected to follow if they want to finalize their divorce.
Let’s take a look at what you need to know about having filing a divorce petition and the potential for it to be dismissed “for want of prosecution.”
Filing a divorce petition is the first step toward getting a divorce in Texas. Officially titled the “Original Petition for Divorce,” this paperwork needs to be filed with the court along with the required court fee. When you file a divorce petition, you are beginning the process of getting divorced.
This legal document is the formal initiation of separation from your spouse. You’ll need to include basic identifying information about you and your spouse, including your names, date of marriage, date of birth, residency, and any children you have. You also typically have to fill out financial information about individual investments, debts, and assets as well as jointly-owned community property.
Where you should file your petition depends on what jurisdiction you and your spouse reside in as well as how long you have lived there. Once you have filed a divorce petition, a case number will be assigned by the court clerk.
At this stage, you also select the grounds for divorce and can apply for a restraining order if necessary.
The person who files the divorce petition is known as the petitioner, while the one who is delivered the filing is known as the respondent. A third party must always be used to serve a divorce petition to a respondent.
You can, however, both agree to waiver on having papers personally served if the divorce is amicable. An uncontested divorce is typically the best option for all parties involved if it is possible, particularly if there are children involved.
(Are you wondering how much a divorce costs in Texas? Check out this article.)
There are a number of different types of paperwork that need to be provided along with the divorce petition. Let’s take a look at the supplementary documentation required when you file for divorce in Texas.
A citation, in general terms, is a court summons. In the case of a divorce, it is a document that lets you know how many days the respondent has to respond to the petition. While it can be incredibly difficult to receive divorce paperwork from your spouse, it’s important to respond within the timeframe. If you don’t, your spouse will eventually probably receive a default judgement, and the final settlement will be ruled on without the judge hearing your side of the story.
The divorce petition is what we normally think of when we think of divorce papers. This is the paperwork that lists all of the required information for initiating a divorce.
Some of the form is fairly simple, while other parts can be more difficult to fill out. For example, listing who owns what property can certainly be cause for much debate. If you and your spouse have significant assets, it’s advised that you seek advice from a lawyer when filling out the section covering property and debt.
You or your spouse might need to submit additional supporting evidence in order to back up or support your petition. This might come in the form of asset valuations, band and mortgage statements, details of pensions and loans, tax returns, and more.
You will also have to produce an inventory before you split the contents of your home.
If you are planning on filing for a divorce on fault-based grounds, you’ll also need to submit supporting evidence. Proving fault isn’t always as easy as one might expect, and the court will require compelling evidence before granting a fault-based divorce.
When you are getting divorced, there are specific timelines and guidelines that need to be adhered to. For example, there is a sixty-day mandatory waiting period after the initial papers have been filed before a divorce can be granted except in very specific circumstances.
However, a divorce petition doesn’t ever technically expire in legal terms. That being said, a judge can process a divorce petition as a dismissal for want of prosecution (DWOP) if there isn’t any movement on a particular case over a specific period of time. What this means is that, though the petition doesn’t ever legally expire, it does effectively expire.
If a judge has processed a petition as a DWOP, it means that you’ll have to start the process over again from scratch if you want to proceed with the divorce.
The court expects that action will be taken on divorce or family law cases within a certain timeframe. In order to keep their calendar clear for cases that are active, the court can issue a “dismissal for want of persecution” (DWOP). Different courts have different timelines they use in order to determine when a case has become idle and is subject to a DWOP.
If your case has been flagged as idle by the court, you will receive a notice outlining their intention to DWOP the case. As a part of this, they will set a hearing. If you simply ignore the notice then your case will get dismissed.
If you want to avoid the dismissal of your case, the involved parties will need to appear in court and prove that forward movement has been occurring in the case. Different courts have different requirements at this stage. For example, some require that you fill out and submit a scheduling order to the court for a trial date.
There are various reasons that a court might send out a DWOP notice. These include:
It is common for courts to give the involved parties thirty days to file what is known as a “Motion to Reinstate.” If you file this in a timely fashion, then you will receive a hearing with the court where you can argue why you believe the court should grant your motion. The court will reinstate the case if sufficient reason is given.
If you fail to file a motion to reinstate or the court doesn’t grant your motion, you will have to refile the case. This means starting over from scratch, including serving your spouse divorce papers again.
Technically, a divorce petition in Texas is always legally valid and never expires. In reality, though, a divorce petition for which a judge has processed as a DWOP is, for all practical purposes, invalid. This happens when the court feels that a case has sat idle too long.
Having your case processed as a DWOP means that deadlines were missed and forward action hasn’t been taken in the case for some time. The amount of time a court waits before processing a case in this way varies from court to court.
If a court decides that your case has sat without any movement for too long, they will communicate their intention to process the case as a DWOP and will set a date for a hearing.
At the hearing, you need to show up to the court and prove that forward movement has been occurring in the case. You can do this by setting the case for trial or through other actions. In some courts, it’s required that you submit a scheduling order to the court.
If you and your spouse decide that you do want to remain married after filing divorce paperwork, the petitioner can withdraw their request so long as the other spouse hasn’t already responded after being served.
If the respondent has already responded, however, it’s required that both parties sign a withdrawal request rather than just the petitioner.
If there has been a judgment entered in the case, you can no longer withdraw the petition.
The entire divorce process in Texas typically takes several months. How long the process takes depends on a number of factors, including whether you have children, whether you have substantial assets, whether the case is uncontested or contested, and whether you are filing for a no-fault or fault-based divorce.
There isn’t any established Texas law regarding how long you can put a divorce on hold. However, you will need to be mindful of the guidelines when it comes to the time frame of necessary steps in order to avoid your case being processed as a DWOP and having to start over from scratch if that’s what you choose to do.
The state of Texas does have a mandatory sixty-day “cooling off” period, though. This means that, unless your circumstances fit certain specific requirements, you will not be granted a divorce any sooner than sixty days after the paperwork was initially filed.
This intends to give couples a little time and space to make sure that they are making the right decision. The idea is that sixty days is ample time for people to decide that they can actually reconcile their differences and make the marriage work after all. At the same time, it’s also (theoretically, at least) enough time for one or both parties to decide that they do want to move forward with the divorce process.
It isn’t uncommon for divorcing couples to reconsider whether or not they can make the marriage work or to go through a busy season where they don’t make forward progress on the case, for example, during the holiday season.
However, the family law court in the county where you are filing will eventually notice that your case hasn’t had any recent activity. Leaving cases idle for months can clutter up the courts schedule, so they are motivated to process cases as DWOPs when it’s clear that there hasn’t been any forward movement.
Depending on the county, you might receive a notice from the court asking if you would like to continue with the case. They also might give you a warning that the inactivity in your case might lead to the case being processed as DWOP. You will then have a deadline for when you have to respond to the court, which is typically thirty days.
If you don’t respond at this point, the case might be processed as DWOP. Once this happens, you will need to start the process over from scratch if you intend to move forward with the divorce.
Once you have filed a divorce petition, the papers will need to be served to your spouse unless you have both signed a waiver saying otherwise.
After the respondent has received the paperwork or signed a document stating that they have a copy of the petition, they have a certain number of days in which they must respond. Usually, this is between twenty and twenty-eight days.
Though it can be very difficult to receive divorce paperwork from your spouse, not responding at all usually isn’t in your best interest. If you don’t respond, your spouse can be given a default divorce which won’t take your specific needs into account. The court will decide on a number of determinations that can have a major impact on your life without your interest being represented, including:
The respondent has the opportunity to answer and file a counter petition if they choose to do so. This must be delivered to the opposing party but doesn’t require the same citation as the initial delivery of the original petition does.
There is also a mandatory sixty-day waiting period after papers are initially filed before a divorce can be granted. Temporary orders can be filed during this time to create conduct ground rules during the process of getting divorced. Discovery can then begin after temporary orders are established if they are necessary.
Discovery involves gathering information via written requests and oral testimony in addition to relevant information and documents. These might have to do with witnesses, finances, taxes, personal property, or real property.
This process can be time-consuming, but it can be avoided by pursuing an uncontested divorce. This type of divorce doesn’t require a discovery, trial, or other expensive and drawn-out legal procedures.
However, if you and your spouse still cannot agree on major divorce-related decisions, you will need to pursue a contested divorce. This is when the court ultimately decides what will happen in terms of dividing marital property, child custody, alimony, and child support.
There are alternative dispute resolution methods that can be used if you want to avoid the expense, time, and emotional toll of battling it out in the courtroom. This includes mediation or collaborative divorce.
Finally, there will be a final hearing in front of a judge. This can occur any time after the waiting period is over. If you have a final agreement in writing by the time of the hearing, the judge might just ask a few questions and sign and sign your divorce decree.
A judge can sign a divorce decree in Texas any time after the sixty-day waiting period has passed. In order to set the hearing for your divorce case, you’ll need to check with the court you are filing with for specific details, as the process varies from county to county.
In reality, few couples will be lucky enough to have a hearing on the sixty-first day after the papers were filed. Even in the case of an uncontested, no-fault divorce, a divorce in Texas will typically take at least a few months to finalize.
Emotions are inevitably going to be high when it comes to getting divorced. Because the decision to break up a marriage can be such an emotionally-charged time, the state of Texas requires that there is a sixty-day cooling off period. You can use this time to determine whether or not you really do want to move forward with the divorce or whether the marriage is, in fact, salvageable.
While it’s likely a good thing all-in-all for people to have to take some time to think about whether divorce is right for them before finalizing the end of the marriage, that doesn’t mean that you can remain in limbo indefinitely.
Once you have filed the divorce petition with the court, the clock starts ticking in some regards. If action isn’t taken towards moving the case forward at a certain point, the court can dismiss the case due to inactivity. While the divorce petition never technically expires in legal terms, it can become functionally expired if you let too much time go by.
If you still want to move forward with the divorce after your case is dismissed for want of prosecution, you will have to start over again. If you and your spouse have decided to stay together, you can have the case dismissed by filing the proper paperwork.
Understanding the Texas state divorce laws can be a powerful tool when you’re getting a divorce. If you’re looking for more resources about Texas divorce laws, be sure to check out the rest of our growing library.
In the United States, every state plus Washington D.C. allows couples to get no-fault divorces, though the requirements vary between states. Additionally, some states are true no-fault states, where you aren’t allowed to allege a fault-based ground, while others only offer no-fault grounds as an option. Is Texas a no-fault divorce state, or are you also allowed to file for a fault-based divorce?
Spouses in the state of Texas can choose between no-fault grounds and fault-based grounds. However, even if you feel that your partner is to blame for the end of the marriage, filing on fault-based grounds isn’t always necessarily the best choice.
This is because fault-based divorces tend to be more expensive, more time-consuming, and more stressful. If you are accusing your spouse of fault that falls within the normal bounds of having irreconcilable differences, you will likely struggle to prove to a court their fault in the matter.
That being said, there are certain situations where fault-based divorces might be the right choice for you. Let’s take a look at what you need to know about fault and no-fault divorce in the state of Texas.
All states in the United States allow for some form of “no-fault” divorce, though the requirements can vary quite a bit by state. In addition to allowing no-fault divorce, some states also permit fault-based grounds for divorce.
A no-fault divorce is the legal dissolution of a marriage based on an “irretrievable breakdown of the marriage” or “irreconcilable differences.” These phrases basically indicate that the couple is unable to get along and there is no chance that they will be able to make their marriage work.
If you are filing for divorce in a no-fault state, it means that you don’t have to inform the court of the reasoning behind the divorce or prove that your spouse is to blame for the breakup. You simply have to tell them that you have irreconcilable differences or another synonymous phrase.
In a no-fault divorce, the courts won’t take either spouse’s misconduct into consideration when determining whether or not the divorce should be granted. This means that you don’t need to try and prove that your spouse was engaged in some sort of bad behavior.
In a fault divorce, on the other hand, one spouse in a marriage can argue that the other spouse behaved in a way that led to the failure of the marriage. In about two-thirds of U.S. states, couples still have the ability to file for divorce on the basis of the other spouse’s actions.
In each state that allows for fault divorce, there are different rules regarding which grounds can be used for divorce. Some of the most common grounds that can be found in the U.S. include abandonment, substance abuse, adultery, or a felony conviction.
Since New York state passed its no-fault divorce law back in 2010, every state offers some option when it comes to no-fault divorce. This makes it a lot simpler for couples to get divorced all across the country. That being said, the laws differ depending on which state you’re in.
Even though all states offer a no-fault option, you can ultimately divide the U.S. states into two categories. These are states that offer pure no-fault divorces and states that have the option of no-fault divorce.
There are seventeen U.S. states (plus D.C.) that could be considered pure or true no-fault states. This means that people who are getting a divorce in these states have only one option: a no-fault divorce.
In these states, a spouse's conduct doesn’t have any relevance in the court’s decision about whether or not they will grant a divorce. Pure no-fault divorce states treat divorce as a contract termination and isn’t there to judge the conduct or morality of either party.
That being said, it’s important to understand that conduct can come into consideration in divorce-related matters, such as child custody and visitation rights.
The seventeen states that only offer no-fault divorces are:
In the other thirty-three U.S. states, spouses can choose to file a fault-based divorce. The fault grounds offered in these other states vary substantially. On top of that, how these fault grounds influence the outcome of the divorce can greatly differ depending on the state.
Texas is not one of the pure no-fault states, but it does offer a no-fault divorce option. In the next section, we’ll learn about the grounds for no-fault and fault-based divorce according to Texas law.
The state of Texas offers three options when it comes to no-fault divorce. These are insupportability, living apart, and confinement in a mental institution. They also offer four fault-based grounds for divorce, which are cruelty, adultery, felony conviction, and abandonment. Let’s take a look at what you need to know about the seven grounds for divorce allowed under Texas law.
Since no-fault divorces were introduced in Texas, fault-based divorces have become less common. That being said, it’s important to know what your options are before filing for divorce.
Insupportability simply means that the marriage is no longer working due to conflict or discord. This is one of the no-fault options when it comes to grounds for divorce in the state of Texas. This term is typically only used in divorce law, and is basically synonymous with “incompatibility.” In other states, you might hear this same concept referred to as “irreconcilable differences.”
Many people often mistake this term to mean that one spouse has failed to financially support the other, but that’s not what this ground is for. Instead, it is used to indicate that a marriage is no longer salvageable because of differences and conflicts that cannot be overcome.
Though you don’t have to prove that your spouse is at fault to be granted a no-fault divorce on the grounds of insupportability, you do have to prove that the two of you have irreconcilable differences. Often, this will be provided in the form of sworn testimony or affidavit stating something along the lines of “there is no hope of reconciliation between me and my spouse.”
Another no-fault divorce option in the state of Texas is living apart. If a couple has been living separately for at least three years, they might be granted a no-fault divorce.
Again, no one needs to be proven to be at fault in order to be granted this type of divorce. However, you might have to provide proof beyond simple testimony. For example, you might need to prove that the two of you have been living apart for the entire time and not cohabiting in the same home on and off in the past three years.
If one spouse has been confined to a mental hospital for three years or longer, and it seems that their mental health is in a state where they are unlikely to recover in the future. Confinement in a mental hospital is the third no-fault grounds for divorce allowed in the state of Texas.
While fault doesn’t need to be proven in these cases, you might have to bring forward evidence that your spouse has a mental disorder that they’re unlikely to recover from through medical records and other official documents.
The first fault-based ground for divorce in Texas is cruelty. This is when one spouse treats the other party cruelly so that they can no longer live together.
Under Texas law, cruelty is defined as causing pain or suffering willfully. This can be a relatively subjective notion, as one party might believe that the other is being willfully cruel while the other might not see it that way. In order for a judge to grant a fault-based divorce on the grounds of cruelty, they will need to believe that one spouse persistently and willfully inflicted unnecessary suffering on the other.
The suffering endured can be either physical or mental. That being said, a court will not grant a fault-based divorce on the grounds of cruelty when faced with evidence of typical marital disagreements or trivial matters.
If one spouse is unfaithful, the other can file for a fault-based divorce on the grounds of adultery. This is a fault-based ground for divorce, and it is the most common fault-based ground for divorce in Texas.
Adultery will need to be proven to the court in order to be granted a divorce on these grounds. This might come in the form of bank statements, text messages, emails, phone records, photos, or videos. To be clear, you don’t need to prove that your spouse actually had sexual intercourse with another person if you are able to provide circumstantial evidence that points to the existence of an affair.
Another point worth noting is that a fault-based judgment can be made against a spouse for adultery even if the act isn’t committed until the divorce has been filed and the couple isn’t living together anymore. For this reason, it’s a good idea to wait to start a new relationship until the divorce is finalized, even if there is no chance that you will be getting back with your spouse.
If one spouse was imprisoned for a felony conviction for at least one year and hasn’t received a pardon, the other partner can file for divorce on fault-based grounds.
Whether the conviction was at the state or federal level doesn’t make any difference in this case. If the conviction of the spouse was based on testimony from the other spouse, however, the divorce won’t be able to grant a divorce on the grounds of a felony criminal conviction. That being said, a divorce can still be granted by the divorce based on insupportability, cruelty, or another ground.
Abandonment is when one spouse has left the other without any intention of returning for at least one year.
This one-year period needs to be continuous in order for a court to grant a divorce based on the grounds of abandonment. The spouse needs to have left voluntarily and have no intention of returning. If the abandoning spouse returns for a few nights and leaves again, the one year clock can start from day one.
There are also less common fault-based grounds for divorce in the state of Texas. This might include cultural or religious differences, financial backing, infertility, homosexuality, impotency, or substance abuse.
The petitioner or the respondent must have lived in Texas for the six months preceding filing the divorce petition. They also must have lived in the county where they file the paperwork for the ninety days preceding the filing.
For people who are in the military, their residency is established by where their primary posting location is.
It is typically cheaper, faster, easier, and less stressful to get a no-fault divorce in Texas than a fault-based divorce. This is particularly true if both spouses collaborate and are able to come to agreements on divorce-related matters without the help of lawyers or the court.
If there are children involved in the divorce, a no-fault divorce can also decrease the emotional harm experienced by kids because there is less conflict and the process is over quicker.
This can also offer a way for people that are in unhealthy or abusive relationships to file for divorce without having any legal obligation to publicly testify against their spouse.
In order to get a fault-based divorce, the process can be more complicated, more expensive, and more drawn out. You will need to be able to prove the misconduct of your spouse in order to be granted a fault-based divorce.
(Are you wondering how much it's going to cost to get divorced in Texas? Take a look at this article to learn more.)
Fault-based divorces are expensive and time costly, as they require that you prove the fault of your spouse. This is often considered to be a waste of time or money if your fault grounds are minimal or if there aren’t significant assets at stake. Dragging your spouse through a fault-based case you know you probably won’t win is likely not worth it, even if you are completely justified in your complaints about their conduct.
However, in other cases, one party can be rewarded a larger portion of the community estate due to the fault of the other party than they would have been in a no-fault divorce. However, if a spouse is found to be at fault by the court, it won’t affect other issues involved in the divorce. It won’t impact child custody rights, as these are considered to be a separate issue from the divorce action itself.
On top of that, the child support obligation or the right to child support of a spouse won’t be impacted by the court finding fault in one spouse.
In cases where both spouses are accusing the other of being at fault, the court will determine which spouse was least at fault. This doctrine is known as “comparative rectitude.”
You will need to prepare a number of documents in order to file for a no-fault divorce in Texas. One of these, the Original Petition for Divorce, is what we typically think of when we hear the term “divorce papers.” If you and your spouse have dependent children, there will be additional documents that you need to fill out and file. They relate to information about the duties of each parent, the visitation rights, and custody.
Unless you are engaged in a totally amicable, uncontested divorce that involves little to no assets and no children, it’s usually a good idea to seek the advice of a lawyer when filing your paperwork. There is a fee for filing divorce papers, which varies between counties.
If you’re filing for an uncontested divorce, a hearing will be scheduled with a judge. The process of scheduling a hearing differs from county to county. If the divorce is contested, then they will have a certain time frame in which to respond before the process continues.
When you’ve decided to split from your spouse, or even if you’ve both decided together to end the marriage, there’s often plenty of blame to go around. Even in the most amicable divorces, it can be difficult to not place blame on the other party for the dissolution of the marriage to some extent.
That being said, feeling that the other spouse is to blame for the marriage ending doesn’t necessarily mean that you want to file for a fault-based divorce in Texas. It’s important to understand the difference between these grounds for divorce and how they can impact how long a divorce takes, what the process entails, and how expensive it is. In many instances, filing for a no-fault divorce is the cheaper, faster, and less painful option.
Of course, it’s generally a good idea to consult with an attorney when you are considering a divorce. They will be able to look at your specific circumstances to help you decide the best route to take.
If you’re looking for more information about getting divorced in Texas, you’ve come to the right place. You can learn about the basics of Texas divorce laws, how much a divorce costs, how long a divorce takes, as well as a plethora of other critical topics for someone who wants to learn more about the process in the state of Texas.
Getting a divorce can be emotionally taxing, stressful, and expensive. For this reason, many individuals undergoing a divorce want to get the process over with as quickly as possible so they can move on with their lives. If you’re a resident of the Lone Star State, you might be asking: how long does a divorce take in Texas?
The average length of time it takes for the entire divorce process in the U.S. is twelve months. Some states, such as New Jersey, don’t have a mandatory waiting period which can allow divorces to reach completion much faster. Other states have lengthy required waiting periods. For example, California’s waiting period is a full six months.
How long a divorce takes isn’t just a matter of state law, though. It also has to do with whether there are children involved, whether there are significant marital assets, and whether the divorce is contested or uncontested. Of course, you can expect a lengthier and more complex divorce to also be more expensive.
Let’s take a look at how long divorce typically takes in Texas and what you can do to ensure that it doesn’t drag on any longer than necessary.
In the state of Texas, there is a mandatory sixty-day waiting period for divorces. This means that, if everything went perfectly, the fastest possible divorce you can get in Texas would take sixty-one days.
If we’re being more realistic, though, most couples will have to wait longer than that for a divorce to be finalized in the Lone Star State. In most cases, it takes between six and twelve months for couples to be granted a divorce.
Divorces typically take longer when there are children involved and when you and your spouse have significant marital assets.
Every divorce is different, as the process is informed by your particular circumstance. If you’re interested in learning what the average divorce process looks like, we’re about to break down the different steps in the process and how long they typically take.
There are two primary steps to pre-filing for a divorce. The first is making your final decision regarding whether divorce is the right step for you. The second is whether you are planning on working with a lawyer and, if so, choosing the attorney you’d like to hire.
As discussed in our article about the cost of divorce in Texas, it is typically recommended that you work with a lawyer in some capacity when you are getting a divorce. In some instances, though, you might be able to save money by taking a DIY approach to divorce.
If you do choose to hire a lawyer, you can work with them to get your finances in order and set yourself up to be protected before divorce papers are filed. During this period, you can also come to a decision about what your requests are when it comes to custody and assets.
Depending on your circumstance, this pre-filing period could be much shorter or much longer than average. Typically, though, this part of the process takes a few weeks.
When you are ready to file for divorce, you and your attorney can file a petition with the court requesting a dissolution of the marriage. Your requests in terms of child support, property division, and alimony will be listed on this petition if they are applicable in your case.
You can file this paperwork without a lawyer, but you’ll want to be certain that you don’t make costly mistakes in the process.
In Texas, either spouse can be the Petitioner in this process. However, they need to have been a resident in the county where they filed for the last ninety days and a Texas resident for at least six months.
In general, this part of the process only takes a few days.
Once you file your petition, a mandatory waiting period of sixty days begins. In cases that involve domestic violence, a waiver might be granted. Most couples, though, will need to wait until this roughly two-month period has passed in order to complete their divorce.
This doesn’t mean that cases can’t move forward during this time, however. The non-petitioning party can still respond during this time, and the case can otherwise continue unfolding.
The state of Texas doesn’t require any sort of legal or physical separation before one party files for divorce. Instead, they enforce a sixty-day waiting period to help ensure that the decision isn’t being made in haste.
Some legal experts recommend that you shouldn’t separate or move out immediately during this period. Instead, it might be advisable to continue staying in the house and upholding your household position. This is particularly important if there are children involved in the marriage.
Once the Petitioner has filed a petition for a divorce with the court, the other spouse will be served the petition. This spouse is referred to as the Respondent. The Respondent can receive the petition through a number of different methods, with different counties allowing different strategies. These might include serving the documents via certified mail, delivery service, publication, or by placing them in a place where they will be found.
The divorce process can take longer if you don’t know where your spouse is. Respondents have between twenty and twenty-eight days to respond to the petition. Their response can include asking for an extension to allow more time to reach an agreement, contesting the demands, or accepting the demands.
If you are involved in a contested divorce, this part of the process can take anywhere from a few months to years. In this instance, both spouses will work with their lawyers to collect evidence that supports both their reasoning and their claims. It isn’t uncommon for each spouse’s attorney to meet and work to come to an agreement before the case gets to court.
If there still isn’t an agreement at this point, the case will theoretically go to trial. However, a common tactic is for one party’s attorney to continuously push back the court date. This can cause a divorce to drag on for years. This is one of the main reasons that many couples try to resolve any disputes they have without the involvement of the courts.
Temporary orders might also be granted by a judge in more complex divorce cases. These orders can outline things such as who will spend time with the children, who will stay in the family home, and temporary spousal or child support payments. This part of the process can take several weeks.
Finally, you have reached the point where a judgment will be declared. This hearing is typically scheduled far in advance. Depending on how much evidence there is to present, this part of the process can take a few days.
As you can see, the range for how long it takes to get a divorce in Texas is pretty wide. While some couples can get their divorce finalized in six months or less, others might go through a brutal contested divorce that drags on for years.
Even if you aren’t in a nightmare divorce scenario, though, there are some factors that will simply make your divorce more complicated and, therefore, take longer.
Some variables that will typically lengthen the divorce process include:
If any of these factors are true for you, you likely won’t be able to complete the divorce process as quickly as a couple whose circumstance doesn’t involve any of those variables.
There are seven grounds for divorce in Texas, which are:
Divorces filed on the grounds of insupportability can typically move along more quickly than any of the other grounds for divorce. The reason for this is that the other grounds are considered fault-based reasons. This means needing to prove fault to the court, which can make the process take longer.
The method that you use to resolve any disputes can also impact how long it takes to get a divorce.
Some couples opt for divorce mediation, while others might go through a collaborative divorce. How long these processes take depends on how quickly you are able to come to an agreement. If you choose to use traditional litigation, you should know that you are choosing the longest and likely most expensive option. That being said, other routes, such as collaborative divorce, can also get pretty pricey and lengthen the process, as this is ultimately a fusion of mediation and litigation.
Divorce petitions don’t expire in the state of Texas. However, most Texas courts have a “dismissal docket.” This means that any cases that have little or no activity over a certain age is set for dismissal. In these instances, a firm trial date must be set, and a Motion to Retain needs to be filed.
If these actions aren’t taken, the case will then be deemed “dismissed for want of prosecution” (DWOP). What this means is that the petition has effectively expired, even though a divorce petition never legally expires. If you want to reactivate the divorce process at this point, you will have to start the entire process over from scratch.
As discussed above, contested divorces can take quite a bit longer than uncontested or agreed divorces. As there are a lot of different issues that can be involved in a contested divorce, there is no set length of time for this type of divorce. How long it takes depends on how long it takes you and your spouse, your lawyers, or the courts to reach an agreement or decision.
If you enter into a contested divorce, settlement negotiations alone can take many months. If an agreement can’t be reached, the next step is going to trial. Ultimately, contested divorces can take anywhere from several months to several years, depending on the circumstances.
If you and your spouse can agree on all divorce-related issues, you might qualify for an uncontested or “agreed” divorce. This process can be less expensive as well as less adversarial.
In order to file an uncontested divorce, both parties must sign an agreement stating that they are willing to skip the trial process involving a judge. Contested divorces, on the other hand, are quite a bit more expensive because the court gets involved in decisions about the division of marital property, spousal support, and more.
In order to qualify for an agreed divorce in Texas, you will need to meet the following criteria:
If you are in a situation where a final order has already been issued by the court in relation to child support or custody, you still might be able to request an agreed divorce.
However, you can only do so if:
It’s worth noting that uncontested or agreed divorces in Texas can only be successfully filed for certain grounds for divorce. You will need to file using the “no-fault” divorce option based on reasons of living apart or “insupportability.” Insupportability is often referred to in other states as “irreconcilable differences.”
If you qualify for an uncontested divorce, you are still subject to the sixty-day waiting period unless a waiver is issued. Theoretically, uncontested divorces could be completed in as little as two months typically, though it takes between three and four months for agreed divorces to be finalized.
It’s usually a good idea to consult with an attorney before you choose to undergo an uncontested divorce, and many people benefit from having a lawyer assist them in the process, even if there are no contested issues at hand. If you have a limited budget, you might consider setting up a limited-scope representation agreement, where you can have access to a limited amount of legal assistance at a lower cost.
If you are looking to minimize the time, money, and stress involved in getting divorced, filing for an uncontested divorce without the help of a lawyer might be a reasonable option. However, an uncontested divorce might only be a realistic option if you and your spouse don’t have any minor children, real property, or assets, in addition to being in agreement regarding all divorce-related issues.
If this is the case, you don’t necessarily need to hire an attorney, which could save you quite a bit of money. However, it’s important that you understand the potential ramifications of undergoing a divorce without the assistance of a lawyer, especially if you are making decisions about shared assets, property, or child custody and support.
If you are planning on representing yourself in an uncontested family law hearing, you will want to tell the court coordinator that you are handling the case pro se (without an attorney.) It’s important to communicate this information because different counties have different approaches to uncontested divorces of pro se litigants.
Another type of divorce we haven’t discussed yet is a default divorce. This is the name of the process that occurs if your spouse doesn’t respond after you’ve served them with divorce documents.
The Respondent typically has between twenty and twenty-eight days to respond. However, if they don’t respond by the end of this time period, you are still subject to the sixty-day waiting period. This means that they can still choose to respond at any time before the end of this waiting period.
Even if it has been communicated to you that your spouse has no interest in participating in the divorce process, you will have to wait the full sixty days before the divorce is finalized.
You can otherwise only pursue a divorce by default if you have allowed your spouse the twenty-day response period and the initial sixty-day waiting period has also passed. There is also a ten-day waiting period before a divorce can be finalized, the clock on which begins running when the court-appointed person that serves your spouse files a timestamped “Return of Service” form.
Basically, a default divorce will take at least two months and likely longer. Depending on the circumstances, it can take longer than that.
If you’ve decided to get divorced, you are likely scrambling to learn as much about the process as possible. Understanding how long a Texas divorce takes, how much it will cost, and other important information is probably foremost on your mind.
At Texas Divorce Laws, we are committed to compiling all of the most relevant information related to divorce in the state of Texas. Being knowledgeable about your rights and the process itself can make a huge difference in how lengthy, expensive, and difficult the divorce process is for you. That’s why we’re creating an ever-expanding library of resources about Texas divorce law to ensure that you are armed with the power of information. For more useful articles, be sure to check out the rest of our blogs.
One of the most common reasons that married couples get divorced in Texas has to do with financial issues. Having problems with or disagreements over money can put a lot of strain on a relationship. For some spouses, it is the primary reason that they decide to dissolve their marriage and go their separate ways. When deciding to end a marriage, many individuals are faced with two glaring questions: how much does a divorce cost in Texas and how much does a divorce lawyer cost?
An unfortunate irony here is that getting a divorce can be a huge financial burden in itself.
While high-income couples might be able to withstand tens of thousands of dollars in court and attorney fees, the cost of divorce is potentially financially ruinous for spouses in a lower income bracket.
How much it costs to get divorced in Texas can range from a few hundred dollars to more than $20,000.
It’s essential to understand the various factors that can influence the cost of a divorce to help ensure that you don’t get in over your head financially. On top of that, more expensive divorces indicate a lengthy divorce process, which isn’t just expensive but also incredibly stressful, time-consuming, and emotionally taxing.
The most substantial element that impacts the total cost of divorce is whether you hire an attorney. Let’s take a look at what you need to know about the cost of divorce in Texas as well as the cost of hiring a divorce lawyer so you can come up with a strategy that works for your circumstance and your finances.
The cost of getting a divorce in Texas can range greatly depending on your particular circumstance. Later on in the article, we’ll break down the different factors that influence how much you should expect to pay for a divorce in the Lone Star State. First, though, let’s take a look at the average cost of divorce in Texas according to research conducted between 2015 and 2019.
These studies found that the average cost of getting a divorce in Texas is between $11,000 and $13,000.
Another commonly referenced study found that the average cost of getting a divorce in the state is $15,600 if there aren’t any children involved. For cases where there are children involved, the average cost according to this study is $23,500. Based on a report from USA Today, this makes Texas the fifth most expensive state in which to get a divorce both with and without children.
These numbers represent the average total cost, including both attorneys’ fees and other associated costs. However, it’s important to understand that people engaged in cases with no contested issues can typically spend quite a bit less on a divorce.
According to the same study, the average hourly cost of hiring Texas divorce lawyers is between $260 and $320 an hour.
While you can choose to try and save money by taking a DIY approach to your divorce, it’s worth noting that you would be in the minority. Nearly three-quarters (73%) of respondents in these studies hired an attorney to assist them in at least some part of their divorce proceeding. Out of those that did hire a lawyer, 81% hired lawyers in order to handle the entirety of their case from start to finish. This is often referred to as “full-scope” representation.
For most couples that are going through a divorce in Texas, the lawyers’ bill will be, by far, the biggest expense. Most divorce attorneys charge by the hour, which means that how much it costs you to hire a lawyer depends on both their hourly rate and how long it takes for your case to be resolved.
As you’ve likely noticed, how much a divorce costs in Texas covers a pretty huge range. What determines how much you will be faced with paying depends on a number of different factors. Let’s take a look at some of the major aspects of a divorce that can influence the total cost.
While it might seem like a small cost compared to the potential costs of hiring a Texas divorce lawyer, there is some variation in how much the filing fee will cost you when you’re getting divorced. The cost of the fee depends on which county you are filing for a divorce in as well as if you are taking any additional steps such as filing for a temporary restraining order. If you are filing for additional protections, the fee will cost more.
In Texas, you can expect the filing fee to cost between $250 and $350 without any additional filings. It is commonly the Petitioner (i.e., the person who is filing for divorce) that is responsible for paying this fee. If both parties agree that they want to pursue a divorce, though, they might choose to split the filing fee.
If you are worried that you won’t be able to pay the filing fee, the state does offer an alternative. You can fill out a document known as a Statement of Inability to Afford Payment of Court Costs in order to have the filing fee waived so long as you meet certain qualifications.
One major factor that impacts how much getting a divorce in Texas is going to cost is whether or not the two parties involved agree on most, if not all, issues in question. Basically, if you are both interested in saving money during the divorce process, it’s recommended that you come to a mutual agreement on all major issues before bringing it to the courts. Of course, depending on your circumstance and relationship, this might be easier said than done.
On the other hand, if you and your spouse disagree on one or many major aspects of the divorce, you can expect the cost to increase pretty quickly. The more time that is needed to resolve your case using lawyers and the courts, the more expensive the entire ordeal will be.
If you and your spouse are getting divorced and you can’t agree on how to divide your property or debt, this decision will be made for you by the courts. The state of Texas is what is known as a community property state. This means that everything that was acquired during the time you were married should be divided equally between the two of you, with a few exceptions.
This is worth knowing if you are trying to propose that you receive a greater share of the assets than your spouse in divorce proceedings. Because the standard is to split assets and debts 50/50, it will likely take a lot of time and money to prove to the court that you should receive more than half of the marital assets (or less than half of the marital debt.)
It is often recommended that you talk to a handful of different attorneys before you select one to work with during a divorce. Though a difference of $25 or $50 in an attorney’s hourly rate might not seem like much, it can actually add up to quite a bit of savings when you’re talking about how many hours your lawyer could put into your case. It’s also important that you find an attorney that you feel comfortable working with and that you trust. You might decide that you are willing to pay a slightly higher hourly fee for an attorney that you truly believe will act in your best interest.
By far the cheapest way to get a divorce in Texas is to avoid hiring a lawyer entirely. However, one should not take on this decision lightly. While taking a DIY approach to a divorce might seem like the cheapest option, it’s possible that you could end up making mistakes that are so costly that hiring an attorney would have been the more affordable option after all.
Plus, when you don’t hire an attorney to help in your divorce case, it means that you will need to invest a lot of your time into navigating the divorce laws in Texas, filling out and filing divorce papers, calculating child support, negotiating the settlement, and so much more. Before you decide to do away with having a divorce lawyer entirely, consider whether or not you can afford the time cost and the potential cost of mistakes that could come along with representing yourself.
According to the Texas Department of State Health Services, a little more than half of the divorces in Texas in 2013 involved no children. 21.5% of divorces involved one child, while the remaining 23.7% of divorces involved two or more children.
Whether there are children involved in a divorce can have a big influence on how much a divorce costs in Texas. Typically, divorces without children cost less than those with children. Why is this, you ask?
Basically, there are two primary reasons why a divorce that involves children might cost more than one that doesn’t. The first is that you will have to come to an agreement when it comes to child support, and the second is that you will need to design a custody arrangement and make a parenting plan.
If you and your spouse are in agreement about how you will deal with child support and custody, this doesn’t necessarily have to add that much in the way of expense. However, if you cannot come to an agreement, the court will get involved and the cost of your divorce will increase.
One of the most important factors that will inform how much a divorce will cost is your choice of the divorce process. In the state of Texas, the three most common types of divorce processes are collaborative divorce, mediation, and divorce litigation.
If you are looking to lower the cost of your divorce, mediation and collaborative divorce are both methods of alternative dispute resolution (ADR). If you choose to undergo divorce litigation, getting a divorce can be quite a bit more expensive, as you will have to pay for higher court costs, legal fees, and other associated expenses.
If you choose to do a truly DIY divorce, every aspect of the process is handled by you and your spouse. While this is the cheapest way to get divorced, it’s important to ensure that you aren’t making costly mistakes along the way.
Divorce negotiation or mediation can range in formality from you and your spouse negotiating the terms of your divorce on your own to having your attorneys negotiate on your behalf. This option is less expensive than going to court, but you will have to pay for the lawyers based on their hourly rate.
Collaborative divorce involves each spouse being represented by an attorney. When a couple undergoes this type of divorce, they are agreeing to reach a settlement outside of the courtroom. The focus of this type of divorce process is to remain respectful and maintain dignity during the process, as going through the courts can be trying, vicious, and damaging.
While people usually assume that collaborative divorce is a way to save money versus litigation, the costs can add up quickly. This is particularly true if specialists are brought in to help support both individuals and their children as a part of the process.
Lastly, there is litigation. This is typically the most expensive way to get divorced. This is when the spouses have the courts decide on the outcome of one or several issues. In some instances, this might be the only option if there is an uncooperative spouse or the case involves substance abuse or domestic violence.
Going the litigation route will require significant lawyer fees and court costs. This is particularly the case if a trial is required.
One of the most commonly contested issues in Texas divorces is that of alimony. If one spouse is requesting alimony and you aren’t able to agree on this issue outside of the courts, the divorce process gets more expensive. This is because it will require more time and effort in order to resolve the dispute.
As discussed above, litigation is one of the major factors that can quickly drive up divorce costs. For this reason, it’s a good idea to work with a divorce attorney to help you and your spouse negotiate alimony outside of the courtroom.
Are you wondering what you need to know about divorce if you are informally married? Check out our guide to common law marriage in Texas.
Texas is a community property state. This means that any debt that has been accrued or any assets that have been earned during the marriage belong to both spouses equally. It also implies that, in the event of a divorce, all community property is subject to a “just and right” division between both parties involved.
This understanding of marital property also applies to the costs of divorce. Since spouses are still legally married until the divorce has been finalized, attorneys’ fees and the costs of divorce are also subject to this same type of division.
If it comes to it, a judge can decide what percentage of divorce fees each party is responsible for. In making this decision, the judge will usually look at each spouse’s financial circumstances. If one person makes the lion’s share of the money, the judge might rule that this person should pay a greater portion of the costs of divorce, up to requiring that they pay all of the expenses related to divorce.
A judge can also decide that one party should pay all of the divorce fees if they act in bad faith. This can mean failing to reveal all debts or assets, refusing to comply with discovery requests, or not complying with court orders.
Check out these cheap Texas divorce options if you're looking for ways to save money during your divorce.
Getting an uncontested divorce is generally the cheapest way to get divorced in any U.S. state. If you and your spouse agree on all major issues, you can greatly reduce the cost of getting divorced.
The cost of a Texas uncontested divorce can range anywhere from $300 to $5,000. On the lower end of the spectrum, neither you nor your spouse are involving lawyers and are filing all the necessary paperwork on your own. On the higher end of the spectrum, both spouses are working with a lawyer but the costs are minimized because you aren’t paying legal fees associated with resolving contested issues.
Did you file for a divorce a while ago and are worried that your case is going to be dismissed? You can learn about whether divorce petitions expire here.
In most cases, it’s not recommended to get divorced without at least some help from a lawyer. The decisions being made during the divorce process have a major impact on your life after divorce, including your finances, your living situation, your relationship with your children, and your future financial prospects.
That being said, it’s possible that your circumstance won’t necessarily require working with a lawyer. The more of the following points that are true, the more likely going without a lawyer could make sense:
For instance, if you and your partner have only been married for a year, have no children, have maintained separate finances, and don’t own a home, you might find that you can get divorced without a lawyer. This is, of course, assuming that you have mutually agreed that getting divorced is the right option for both of you.
If you do end up going this route, it can mean that a divorce only costs you several hundred dollars rather than several thousand dollars (or tens of thousands of dollars.) This is because you will only have to pay filing fees which can range from $250 to $350 depending on your county and a few other court fees.
It is highly recommended that you work with a lawyer, at least to some extent, if any major issues are contested, if there are children involved without a previously agreed-upon parenting plan, or if the relationship has involved domestic violence, substance abuse, or mental health issues.
According to research from Martindale-Nolo, the average cost of total legal fees per spouse in a US divorce was $11,300. The average hourly rate charged by attorneys in the United States can range greatly, sometimes as low as $100 an hour and sometimes as much as $400 or more per hour. This might leave you wondering, how much does a divorce lawyer cost in Texas?
Unfortunately, Texas is not the cheapest state in which to get a divorce. As we’ll discuss later on, the average cost of a divorce in Texas, not including filing fees, comes in at about $12,500.
It’s important to consider how complicated your divorce is when you are trying to estimate how much it will cost to hire a lawyer. There are a variety of factors (see: “What Factors Influence the Cost of Hiring a Divorce Lawyer in Texas?”) that will impact how many hours a lawyer will need to spend working on your case, which will, in turn, influence how much it costs to hire a lawyer.
While hiring a lawyer is probably going to be the most costly part of getting divorced, there are additional costs that you’ll want to be aware of. We’ll discuss these a bit later in the section titled “What Other Costs Should I Know About in a Texas Divorce?”
According to FindLaw.com, the average divorce costs and attorneys fees, not including the filing fee, is $12,500 in Texas.
The average hourly rate for a Texas divorce lawyer is $300 an hour. However, factors like location and the complexity of your case can impact the hourly rate you should expect to pay.
Dallas divorce attorneys typically charge between $200 and $500 an hour. The hourly rate for an uncontested divorce without property, debts, or children is commonly about $225 per hour. If there are children involved in the divorce and there is property to be divided, the hourly rate will be more like $475.
In Dallas, the average cost of a contested divorce is just shy of $13,000.
The average hourly rate for a divorce lawyer in Houston is $300 per hour. You can expect that the hourly rate can vary depending on the experience of the attorney as well as the particular details of your case.
If you hire a Houston divorce lawyer for an uncontested divorce without any children or property, you might only be looking at a flat fee starting from about $850 (not including the cost of filing fees.) However, if you’re embroiled in a contested case, it will typically cost no less than $15,000 in Houston.
A Fort Worth divorce attorney will commonly charge between $175 an hour and $325 an hour. The flat fee (excluding filing fees) for an uncontested divorce without children or assets is usually between $500 and $1000. Of course, you can expect that an uncontested divorce in Fort Worth will be much more costly.
Are you worried your spouse is going to try to pull something funny during your divorce? Be sure to familiarize yourself with the most common sneaky divorce tactics.
Hiring a lawyer to help you get divorced in Texas can cost anywhere from several hundred dollars to potentially tens of thousands of dollars. This is a huge range, which means it isn’t particularly useful alone to help you gauge how much a divorce will cost.
Let’s take a look at some of the factors that influence how much it will cost to hire a divorce lawyer, both in the hourly rate they charge and the total number of hours that a lawyer will put into a case.
In the most populated cities and counties in Texas, you can expect that the hourly rates for divorce lawyers will be significantly higher than in rural parts of the state.
You might choose to take this into account if you and your spouse meet the residency requirements for two different counties as a result of not living together anymore. If you are willing to work together to get a divorce in the least expensive way possible, there’s a chance that filing in one county vs. another could provide quite a bit of savings overall.
As with most professional services, you will end up paying a higher hourly rate for a divorce attorney with decades of experience compared to a lawyer fresh out of law school.
Depending on how complicated your divorce is, you might be able to save some money by hiring a less experienced attorney. However, you’ll want to be realistic about whether the savings will be worth it when compared to what is at stake.
In the state of Texas, you can either file for a no-fault divorce or a fault-based divorce. A no-fault divorce is when neither party is accusing the other of being responsible for the marriage falling apart. A fault-based divorce is when one or both parties accuse the other of being to blame for the divorce.
If your partner wronged you in some way that legitimately led to the dissolution of your marriage, it is totally understandable to want them to face the consequences of their actions. That being said, the cost of a fault divorce is going to be significantly higher than a no-fault divorce. This type of divorce also typically takes quite a bit longer than a no-fault divorce.
For this reason, you might find that it is more advantageous to you in the big picture to file for a no-fault divorce, even if you have compelling evidence to prove your spouse's fault.
An agreed divorce (often referred to as an uncontested divorce) is significantly less costly than a contested divorce. When you pursue an agreed divorce, it means that you and your spouse are in agreement regarding all of the terms of the divorce.
If the two of you can decide on these terms on your own, it means you can avoid the cost of having professionals help you reach an agreement. There are a number of options other than taking your divorce to the courtroom, including mediation and collaborative divorce. While they might be more affordable than full-blown litigation, both of these options are still quite a bit more expensive than reaching a settlement on your own and pursuing an agreed divorce.
If you take a contested case all the way to court, a judge will ultimately decide the terms of your divorce. This is the most costly (not to mention time-consuming and stressful) way to get divorced and should be avoided if at all possible.
If one of the contested issues in your divorce is spousal support (also known as alimony), you can realistically expect to pay more attorney fees than if you and your spouse come to an agreement about alimony on your own.
Though a lot of people worry that getting a prenup means you don't believe a marriage will last, it can actually be an incredibly useful tool for family financial planning. Learn what a woman should ask for in a prenup here.
In the state of Texas, courts typically favor shared custody arrangements in divorce cases where there are children unless there are compelling reasons why this is not in the best interest of the children. If you want sole custody of your children, you will most likely have to prove to the court that your spouse isn’t fit to have custody of your children.
You could also find yourself in a position where your spouse wants to take sole custody of your children. In that instance, you will have to prove in court that you aren’t unfit to act as a parent to your children. If you and your spouse take your disagreements over child custody and child support to trial, the entire divorce will be much more expensive than if you came to an agreement before filing.
The more complicated your financial situation, the more expensive you can expect your lawyer’s fees to be. As with all other divorce terms, it’s much cheaper for you and your spouse to come to an agreement about how to divide assets and debts on your own.
If you have a disagreement about the division of property, you can work with a mediator to try and reach a settlement. You can attend mediation with or without a lawyer.
The more complicated negotiations are and the longer they take, the higher your attorney’s fees will be. If you take it all the way to court, you can expect to pay much more than any of the other options.
The cost of hiring a divorce lawyer in Texas can also increase if your case requires a temporary order hearing or if you have to work to reach an agreement on temporary orders with the help of an attorney.
How complicated is your divorce? In general, the more straightforward your divorce, the less expensive it will be. Things that can add complexity include children, substantial assets and debts, fault-based grounds for divorce, and more.
In Texas, it is common for family law attorneys to charge a retainer upfront. This is a specific amount of money that the lawyer receives from the client in order to secure their services. Basically, it’s like a down payment on your divorce case.
Retainers can range in amount greatly, often from $2,500 to $15,000. If the attorney believes that your case is exceptionally complicated, the retainer could be even more than that.
When you pay a retainer, the attorney places it in an escrow account. As they bill your hours on your case, they will draw money from the escrow account.
It’s possible that you’ll have to replenish the fund in the retainer if your case requires more hours worked than initially expected. When your case is over, you will receive any retainer funds that the lawyer didn’t use. When you have an initial consultation with a lawyer, you can ask them for a retainer quote on your case.
It is not legally required that you hire a lawyer to represent you when getting divorced in the state of Texas. When you represent yourself in a divorce case, you’re performing as a Pro Se Litigant. Just because you don’t have a legal responsibility to hire a lawyer, though, doesn’t mean you probably don’t want one.
There are a number of things you’ll want to consider when deciding whether you should hire a lawyer to get divorced. Scroll down to the section titled “How Do I Know If I Need a Lawyer in a Texas Divorce?” to get a better sense of whether your circumstance implies an answer one way or the other.
As we’ve discussed, there are a ton of different factors that will influence the total cost of divorce in Texas. According to research that was conducted between 2015 and 2019, however, the average cost of getting a divorce in Texas was between $11,000 and $13,000.
Another study claims that the average cost of a Texas divorce that doesn’t involve children is $15,600. The same study states that the average cost for a divorce that does have children involved in Texas costs $23,500.
Texas is the fifth most expensive state in which to get a divorce, whether or not you have children, according to a report from USA Today.
If you and your spouse decide to get a divorce without a lawyer, you can save a lot of money that would otherwise go to attorney’s fees. You’ll only be paying filing fees and potentially a few other related court costs in this instance, which usually ranges between $150 and $350 depending on the county you live in.
Choosing to get divorced without a lawyer isn’t something you want to decide about lightly, though. When you represent yourself in a divorce, you are taking responsibility for the aspects of your divorce that an attorney would normally handle.
To learn more about how to file for divorce in Texas without a lawyer, check out our article on the topic.
If you and your spouse agree on all terms and don’t have any real property, assets, debts, or children, you might choose to get a DIY divorce. This is by far the cheapest way to get divorced in Texas.
The cost of getting divorced without a lawyer will include filing fees and potentially a few additional court fees. The filing fees vary depending on what county you’re in, but they generally range between $150 and $350.
What this means is that your divorce could cost only a few hundred dollars rather than thousands of dollars.
If you and your spouse are pursuing an agreed divorce, but you do have assets, debts, and children, you can still choose to abstain from hiring lawyers. The process will be more complicated, though, and you might find that it is worth working with an attorney to some extent to ensure that you aren’t making costly mistakes.
For example, you could hire a lawyer to review your settlement agreement or look over your paperwork.
The more complex your situation, the more cautious you should be when choosing to proceed without attorneys. If you do end up hiring divorce lawyers to help with your agreed divorce, it will still be quite a bit more affordable than taking a contested case to court.
Since Texas is a community property state, and you aren’t considered divorced until it is finalized, the attorney fees both of you accrue are considered community debt. For this reason, attorney fees are considered during the discussions regarding the final property settlement.
At this time, both spouses and their respective attorneys will present a detailed report of all of the costs accrued over the course of the mediation or trial. Included in this report will also be the projected fees that will be required to bring the divorce to completion.
Ultimately, you and your spouse can decide who will pay for attorney’s fees on your own, through mediation, or a judge can decide for you. A judge will not necessarily split the allocation of legal debts evenly between spouses. For instance, a judge can order a spouse with a higher income to pay the attorney fees of their lower-earning spouse.
Considering how steep attorney fees can be in a Texas divorce, you might be wondering what a divorce lawyer even does for you. Is it worth the cost?
A divorce attorney will handle the financial and custody aspects of your divorce while also working to protect your rights. Another essential service they provide is helping explain the law and the legal options available to you in your divorce.
When you hire a lawyer to get a divorce, they should review the details and documents related to your situation. This might include property value information, tax returns, paycheck stubs, and more. You will also share your account of the circumstance and let them know what you want out of the divorce. Based on the needs you have, they should give you advice that helps you reach the desired outcome.
Only about 10% of divorces go to trial in the United States. However, if your case does go to trial, your attorney will do a ton of work (for a price, of course) to prepare to present evidence before a judge. They will also provide both opening and closing statements as well as call on witnesses that support your case.
Your lawyer will also work on drafting a settlement agreement, which is the document that outlines the division of assets, alimony, child custody, and more.
If you choose to undergo divorce mediation, you might not have to hire a lawyer if your divorce is simple. If it’s complex, though, you might want to have a lawyer while you go through mediation.
You have a few options for getting divorced when you can’t afford a lawyer in Texas.
The first option is getting a DIY divorce, where you are only responsible for the filing fees. If you meet certain qualifications, you can also ask the court to waive your filing fees. This means that it is technically possible to get divorced for free in Texas.
However, you’ll have to do all of the work yourself if you’re filing for divorce without a lawyer. It is your responsibility to file the proper paperwork and generally drive the case forward.
If you can’t get a DIY divorce because your case is complicated, contested, or fault-based, there are some options for low-income couples.
It’s possible that you will qualify for help from a volunteer lawyers program or for legal aid in your area.
Each of these organizations will have its own criteria that need to be met in order to qualify for legal assistance. This might mean that you are required to fall 200% below Federal Poverty Guidelines, for example. In many instances, law school clinics will only take cases that are agreed with minimal property and no children.
While going this route can save you money on attorney’s fees if you qualify, you will generally pay in the form of an extended divorce process. Many people are interested in obtaining divorces with reduced or waived costs, and there is, therefore, usually a long waiting list. These lists can be anywhere from a few months to several years long.
It can be incredibly tempting to try and avoid hiring a lawyer when you’re getting divorced in Texas. After all, legal fees often make up the majority of the cost of getting a divorce.
However, lawyers can offer a number of benefits, including:
Of course, no one wants to take on the cost of attorney’s fees in a divorce if they could have easily gone through the process without the help of a lawyer.
Here are some of the considerations you’ll want to think about when deciding whether you need to hire a lawyer:
Avoiding attorney’s fees is great, but it won’t be worth the savings if you end up with an unideal outcome in the end.
Attorney’s fees are definitely the big-ticket item when it comes to the cost of divorce, but it’s important to understand the additional costs so you can budget accordingly.
One major “cost” that many divorcing couples don’t give enough weight to is the cost of their time. The more complicated your divorce is, the more time it’s going to take to finalize your divorce.
Some of the additional fees you should be aware of when getting divorced in Texas include:
There are also other costs that are less tangible but very real when it comes to getting divorced. For example, dissolving your marriage can be an incredibly emotional experience and deeply stressful. This can leave you feeling un-centered and a lot less on top of the ball than normal. In these instances, it’s easy to pick up small additional expenses that add up over time, such as getting take-out more often than usual or getting ill and missing work.
While the cheapest way to get a divorce is definitely to pursue an agreed divorce, this isn’t always possible. In fact, in some instances, a vindictive or uncooperative spouse might use sneaky divorce tactics to drag out the case and increase your lawyer fees.
If you and your spouse cannot pursue an agreed divorce because you have differing opinions on some of the terms of the divorce, you can try to keep attorney’s fees lower and avoid pricey litigation by going through divorce mediation.
Understanding how much a divorce costs in Texas can help you budget for an upcoming divorce. There are a lot of different decisions to be made when you’re dissolving a marriage, and it can feel pretty overwhelming.
Getting divorced can be a stressful and costly process, but by learning as much as you can ahead of time, you can help keep your expenses low and reduce how long the divorce drags out.
Of course, it isn’t always possible to get divorced on good terms. After all, there are likely disagreements that led you and your spouse to pursue a divorce in the first place. However, if you both agree that you’d like to avoid an outcome where you are both on the hook for thousands of dollars of fees, you might also decide to find ways to settle major issues without the help of lawyers or the courts.
At TexasDivorceLaws.org, we believe that the best way to deal with getting a divorce is to understand the rights and responsibilities you have under the law. When you have a firm grasp of Texas Family Law, it means that you have the best possible chance of receiving an outcome that serves your best interest.
For more resources about family law in Texas, check out our blog about marriage, divorce, and family law in Texas.
