If you are recently divorced and are having second thoughts about the dissolution of your marriage, you might be wondering: can a divorce be annulled in Texas?
The word annulment typically refers to nullifying a marriage, not a divorce. However, it is possible to ask a judge to reverse a divorce decision if the divorce decree was signed in the last thirty days, but there's no guarantee you'll be successful. There are also methods you can use to suspend or throw out a divorce case if the proceedings have begun, but a judge hasn’t yet signed the final decree.
The definition of “annul” is to “declare invalid, as in an official decision, agreement, or result.” If you have already been granted a divorce by a Texas court, and you and your ex-spouse have decided that you want to reinstate the marriage, you might be wondering if a divorce can be annulled in the Lone Star State.
Though the word “annulment” seems to fit this circumstance, an annulment is a legal case that specifically refers to ending a marriage, not reversing the result of a divorce case.
A little later in the article, we will discuss marriage annulment as well as how an annulment is different than a divorce. For now, let’s look into whether it is possible to reverse a divorce in Texas.
The final step in the divorce process is a judge signing the divorce decree. If you have already reached this point and a divorce has been granted, there are fewer options available for reinstating the marriage than if you decide to reconcile with your spouse before the finalization of the divorce.
If it has been less than thirty days since the divorce decree was signed, your lawyers can request that the judge reverse the decision. There is no certainty that they will, however. Whether or not your divorce will be reversed is up to the judge’s discretion.
Your lawyers also might be able to file for a modification of the settlement or an appeal, but the court has discretion here as well.
If a judge ultimately chooses not to undo your divorce, you will need to get married again if you and your spouse want to remain wedded.
If you or your spouse have already begun the divorce process, but the dissolution of the marriage hasn’t been finalized, there are different methods you can use to have the case dismissed. How you go about this depends on where you are in the timeline of divorce.
If you have yet to sign the original petition for divorce, you haven’t technically begun the divorce proceedings. This means that you won’t have to do anything to have the case dismissed because it doesn’t technically exist in the eyes of the law.
That being said, you have likely incurred lawyer’s fees if you sought legal guidance during the process. You will be on the hook for any legal fees you owe, but you otherwise don’t have to address any other issues in order to continue on in your marriage.
If you’re thinking about divorce and want to save money, check out this guide on getting divorced without a lawyer in Texas.
If the petition has been signed, but you haven’t filed them with the court, you similarly don’t have to take any action with the court to remain married. That being said, you will have to pay any legal fees you’ve racked up if you’ve consulted with an attorney regarding your divorce.
If you’re considering divorce but are concerned about the financial aspects of the process, there are a number of cheaper alternatives to hiring legal counsel, including a DIY divorce or seeking help from a legal aid organization.
It is possible to prevent your divorce from going through if you already filed the original petition, but it is a bit more complicated.
You will need to have your lawyer file a motion that asks to either suspend the proceedings or dismiss the case.
You should only ask that the case be dismissed if you are certain that you and your partner want to remain married. If you change your mind again and want to pursue a divorce, you’ll have to start from scratch, meaning paying new court fees, filing a new petition, and generally beginning again from square one.
If you and your spouse are considering reconciliation but aren’t quite sure yet, asking to have the proceedings suspended is the better choice. When you go this route, it means that the court will bump the case back on its calendar. This gives you more time as a couple to decide if you want to continue pursuing a divorce or if you want to give the marriage a second chance.
You will have paid a filing fee at this point and accrued legal fees if a lawyer represents you. These are still your responsibility if you choose to remain married. If you suspend the case and decide to go through with the divorce, you won’t have to repay the filing and court fees. However, if you stop the proceedings entirely, you will have to pay a new filing fee if you choose to get divorced down the road.
Under certain circumstances, you can have a marriage annulled in Texas. The decision about whether an annulment can be granted is made by a judge based on factors that existed at the beginning of the marriage.
If you can prove the grounds for annulment, the process is pretty straightforward. However, if you bought property together or had a child together, it gets more complicated.
The following are the legal grounds for annulment:
Certain marriages in Texas aren’t considered valid under any circumstances. These include:
Marriages that can be annulled are defined as “voidable” under Texas law. Annulments are a voluntary way to end this type of marriage. If a marriage isn’t valid in the eyes of the state’s law, a suit to declare a marriage void is the applicable option.
The primary difference between a Texas divorce and an annulment is that:
When you get divorced in Texas, a part of the process is the division of property. When you get an annulment, there aren’t any avenues for dividing property because a legal marriage never occurred, and there, therefore, isn’t any marital property to divide.
It’s worth understanding that Texas is a community property state. This means that assets or debts that were acquired since the start of the marriage belong to both parties and are subject to equitable division in the case of a divorce. If you seek an annulment, there isn’t any path you can follow to divide property that was jointly purchased.
Getting divorced can wreak havoc on your life– practically, emotionally, and financially. The more you understand the process and your rights under Texas law, the less stressful and more seamless the experience can be. Check out our Texas Family Law learning center for more useful resources about divorce in the Lone Star State.
Being separated isn’t a special legal status in Texas– the state doesn’t recognize any type of marital separation. Understanding the difference between separation vs divorce in Texas is important because it can have a very real impact on your property, finances, and more.
In short, the state of Texas views you and your spouse as married until your divorce is finalized. There is no in-between step as there is in many other U.S. states. There are, however, some legal steps you can take to outline the terms of your separation in Texas.
Every state in the U.S. recognizes legal separation except for Texas, Pennsylvania, Mississippi, Georgia, Florida, and Delaware.
In most U.S. states, a couple can get legally separated when they don’t want to continue living together but also don’t want to take the step of legally dissolving their marriage just yet. The process of legal separation involves petitioning the court to recognize the separation. Both spouses would sign a legal document that outlines an agreement about issues like living arrangements, spousal support, and child custody.
In fact, some U.S. states require that you legally separate before going through the divorce process.
If you live in Texas, though, there is no process for getting legally separated because state law doesn’t recognize this type of agreement. There is no legal status between marriage and divorce in the Lone Star State.
You are free to informally separate from your spouse without getting a divorce, but this isn’t something that the state recognizes either. In the eyes of the law in the Lone Star State, you are still married even if you and your spouse have informally separated. This means that any acquired assets still belong equally to both spouses, and any informal agreement you come up with won’t offer the same protection as a legally recognized divorce.
There are a number of reasons why separation might be an appealing alternative to divorce.
Some people might be driven by religious reasons to avoid divorce even though they plan on living separately for the rest of their lives. Others might want to simply delay their divorce to leave the option for reconciliation or make the divorce process easier on their children.
Though the state of Texas doesn’t recognize legal separation, there are legal avenues that couples can take to establish guidelines that govern their relationship while they are living apart. In the next section, we’ll take a look at what your options are for legally outlining terms regarding how finances will be handled, where parties will live, whether spousal maintenance will be paid, and agreements regarding child custody, visitation, and support.
Even though Texas doesn’t recognize legal separation, there are a number of legal measures you can take to protect yourself during an informal separation.
These include:
There are a number of reasons why a couple might want to stay legally married even though they are not actually living together.
For one, they might simply want some space from one another in order to assess the relationship and work on the marriage. Some individuals that do not believe in divorce for religious reasons also might seek separation arrangements so they don’t compromise their values. Others still might want to extend the marriage before getting divorced in order to receive tax, social security, or other benefits in the divorce.
While there is no limit to how long an informal separation can last in Texas, the spouses are legally married until they file for a divorce and it is finalized by a judge.
If you and your spouse are informally married (also referred to as married by common law), you still need to file for divorce to dissolve the marriage. Under state law, the divorce must be filed within two years after you and your spouse separate.
If you do not file for divorce in a timely manner, it can create the legal presumption that the marriage never existed. While this might not seem like an issue at first glance because the goal is to dissolve the marriage, it can cause major problems when two people were living as if they were married, and it comes time to separate property and debts and deal with other terms of the separation.
Discussing the potential end of your marriage can be incredibly emotional and painful. Not only is divorce expensive, time-consuming, overwhelming, and stressful, but it is also so final.
The average length of time it takes to get divorced in the U.S. from start to finish is twelve months. This means that dissolving your marriage is something that you have to deal with in an ongoing way for potentially a year or longer. Even in the best-case scenario in Texas, divorce commonly takes at least six months to finalize.
The cost of divorce in Texas can range from a few hundred dollars (if you file an uncontested divorce without a lawyer) and more than $20,000.
As you can see, this is a big decision that takes time to carry through. A trial separation can give everyone time to make sure they are making the right decision.
When emotions are running high, it can be difficult to look at the situation clearly, and sometimes a little space can go a long way. It can also be hard to really grasp what it will be like to end the relationship and live apart until it is too late, and a trial separation gives everyone a chance to really think about whether the relationship is worth fighting for.
For this reason, some couples decide to undergo a trial separation for a set period of time. During this time, the spouses live apart. This can help both parties gain a perspective on their marriage without being knee-deep in it and give them time to reassess the state of their marriage.
Many couples will simply make a verbal agreement regarding the terms of the trial separation. The issues covered might involve visitation with children or financial support. However, it’s generally not a good idea to only use an oral agreement if you feel you cannot trust your spouse to uphold their end of the deal or if you think they are going to try and pull something sneaky.
It’s worth noting that trial separation isn’t something that the court monitors, so you will need to decide whether you want to negotiate a contract for property division and a parenting plan or file for divorce if you ultimately choose to stay separated.
Since Texas doesn't recognize separation legally, whether formal or informal, your marital status is not impacted. Even if you have come up with a separation agreement and are living separately, the state of Texas will view your legal relationship status as married.
The implications of this are as follows:
This means that even if you buy a home on your own with the income you perceive as only being yours, the property is considered community property if you are only separated and not divorced.
Navigating the divorce process can be tricky, but learning as much as you can about family law in Texas can help make the entire experience a lot less stressful. To continue learning about your rights and responsibilities during a Texas divorce, check out our divorce law blog.
If you’re getting a fairly simple divorce but are worried about the cost and emotional toll of divorce, you might be interested in the option of using an online divorce service. Can you file for divorce online in Texas, though?
The short answer is yes. However, you won’t be able to file for divorce online if your case is contested. Additionally, this might not be the most beneficial route to take, depending on the specifics of your case.
Yes, you can file for divorce online in Texas. This can be a viable solution for couples that are looking for a simple way to get a DIY divorce without the help of an attorney.
Online services can help to prepare the forms that need to be filed with the court in your county. Each county has its own rules, meaning that some might allow you to have the service file the divorce paperwork online, while others might require that you file them in person regardless of the fact that they were prepared online.
Divorce is notoriously expensive and stressful, and an online divorce can reduce the cost and simplify the process. If you hire a lawyer in a divorce case, the average cost in Texas ranges from $15,000 to $30,000. The average cost of using an online service falls between $139 to $500.
Another reason that people seek an online divorce in Texas is that it can give them greater control over the timeline. Instead of needing to work around the packed schedule of a busy divorce attorney, the online process lets individuals go through the process at their own pace.
All that being said, online divorce isn’t necessarily the best option for everyone. If you are a good candidate, though, it can save you a lot of stress and thousands of dollars.
Ok, so we’ve established that you can get an online divorce in Texas and why some people choose to go this route. The next logical question, then, is should you file for divorce online?
Online divorce might sound like an appealing option, but that doesn’t necessarily mean it’s a good choice in every situation. Depending on the particular circumstances of your case, you might be well advised to hire an attorney and take a more traditional route to divorce.
Let’s look at some of the reasons you might not want to file for divorce online in Texas.
Are you and your spouse unable to come to an agreement about every aspect of the divorce, including the division of property and matters involving your children?
Are you or your spouse considering filing for a fault-based divorce rather than a no-fault divorce?
If you answered yes to either of these questions, you would be filing for a contested divorce. Unless you’re willing to attend mediation or otherwise work out solutions on your own before filing, you won’t be able to file for an online divorce because contested divorces require that discovery and potential litigation in a courtroom occur. If your divorce is contested, you will most likely want to work with a lawyer.
Online divorces are only suitable for uncontested divorces.
If your spouse is MIA, you won’t be able to file for an uncontested divorce.
Instead, you’ll have to take the matter to court and seek a default divorce.
Online divorce services are great if the dissolution of your marriage is pretty straightforward, but you won’t be able to get the same type of legal advice you’d get from an experienced attorney. The stakes in a divorce are simply too high to avoid getting valuable legal advice when you need it simply to try and make the process a little easier.
Mistakes can be incredibly costly in a divorce and could result in jeopardizing your finances, relationship with your child, inheritance, and more.
If you think that your spouse is going to try to use sneaky divorce tactics like hiding assets, you’re going to want to enlist help from an experienced lawyer. If your spouse is going to play dirty, you won’t want to enter the fight alone.
Online divorce wouldn’t be the right choice if family violence were involved in the marriage. A court will not be satisfied by negotiations between two spouses when one is abusing the other. Beyond that, their interest in protecting the best interest of any children involved means that you will want to get a lawyer and avoid filing online.
You also shouldn’t get an online divorce if you and your spouse don’t have an amicable relationship.
The chances of things going sour after you’ve begun filing are too high, and you should instead seek the help of an attorney.
For an in-depth look into the online divorce steps in the Lone Star State, check out our guide on how to file for divorce online in Texas. For now, let’s look at a brief overview of the steps involved to give you a sense of what the process entails.
There are two primary requirements you’ll need to meet in order to get divorced online in Texas. The first is the residency requirement, and the second is that the divorce is uncontested.
Local counties might have their own requirements for filing for an online divorce, so you’ll want to visit your local court either online or in person to learn about their specific requirements.
If you qualify for an online divorce and have decided that this is the right course of action for you, the next step is to select an online divorce service. There are a number of options out there, including:
You’ll want to be thorough when researching which service to use, as a number have a lot of bad reviews outlining the negative experiences of people that used the service.
Depending on which county you are filing in and which service you select, they might be able to file online for you. Otherwise, you will need to print out the papers and file them in person, through the mail, or through an eFile system. Check with the courthouse about what method is required in your county.
If you are filing for divorce and not your spouse, you will be the one that fills out the initial paperwork. A good online divorce service will walk you through the forms step-by-step.
In order to start the divorce process, you will need to file at least the Original Divorce Petition and the Information on Suit Affecting the Family Relationship.
If you file the paperwork on your own, you’ll be responsible for the filing fee. Some services will include the price of the filing fee as a part of the service package. If you’re unable to afford the fee, you can submit a fee waiver application when you file your petition to request that your court fees are waived.
Now it’s time to provide notice to your spouse. You can either hire a process server (contact your county to determine who can legally perform this role), or your spouse can sign a waiver of service only form. This is a form that states that they have received copies of the divorce paperwork and don’t need to be served formally.
There is a sixty-day waiting period beginning after the day that the divorce papers are filed, including weekends and holidays. This is required in all but a few very specific exceptional cases.
Depending on your circumstances and the county you are filing in, you might have to go into court for the finalization hearing. You might only have to file an Affidavit for Prove-Up, but this is often only an option if there aren’t any children involved in the marriage.
Even if you do have to go to court, the hearing should be relatively quick and only require that you give a small testimony. Finally, the judge will sign the final decree of divorce, which finalizes the dissolution of your marriage.
You can find many more useful articles about divorce on our Texas family law blog.
Learning how to do your own divorce in Texas can potentially save you thousands of dollars on attorney fees. At the same time, hiring a lawyer might be money well spent if your finances are complicated or the divorce is contested.
If you feel comfortable representing yourself in your divorce case, the process involves filing a petition for divorce and supporting documents, serving your spouse or having them sign a Waiver of Service Only form, creating a marital settlement agreement, and having a judge sign off on your Final Decree of Divorce.
What does the process look like if you file for a DIY divorce in Texas without a lawyer? Let’s look at the basic steps involved.
In order to file for divorce in Texas, you will need to meet the residency requirements.
While there are a few exceptions for military families and public servants, both of the following need to be true if you want to get a Texas divorce:
The specific divorce forms you will need to do your own divorce in Texas will vary depending on the circumstances of your case. For example, there will be different paperwork if you have minor children than if you don't have children.
In addition to collecting all of the forms you will need to file for divorce, you’ll also want to gather documents about your finances and anything else that will be pertinent to the divorce. Locating and organizing the documents ahead of time can make the process less stressful and go more smoothly.
The divorce process officially begins when you file your Original Petition for Divorce. There are some important decisions you will need to make before you can do this, such as whether you can file for an uncontested divorce. This is the simplest way to get divorced, as it means that you and your spouse have reached an agreement about all divorce-related issues.
If you are able to file for an uncontested divorce, one of the supporting documents you will file is your divorce settlement agreement. This document will outline the division of assets and any other terms you have agreed to, such as spousal maintenance, child custody, and child support. If you have minor children, you will also need to include a “suit affecting the parent-child relationship” along with your petition for divorce.
When you file, you will also have to select the legally recognized reason you are getting divorced, known as the grounds for divorce. You can get a no-fault or a fault-based divorce in Texas. Even if you believe that your spouse is responsible for the dissolution of the marriage, it is often advantageous to file a no-fault divorce to reduce complexity. When you file for a fault-based divorce, you are burdened with providing proof that your spouse is responsible for the breakdown of the relationship.
If you feel that filing for a fault-based divorce is the right choice for you, it might be best to work with a lawyer rather than doing your own divorce.
Once you have filed your paperwork with the courthouse in your county, you will need to serve your spouse to notify them that the divorce process has been initiated officially. Your spouse can either file a Respondent’s Original Answer form or complete a Waiver of Service Only form.
There is a sixty-day waiting period that applies in almost all Texas divorces.
This means that once the petition for divorce is filed, a judge cannot grant you a divorce until sixty days have passed. You can continue taking action toward your divorce, but it cannot be finalized until the waiting period is over.
You and your spouse will complete a Final Decree of Divorce if you are getting an uncontested divorce on your own. It’s important to fill out the entire form and not leave any sections blank except for the spot for the judge to sign.
Once the waiting period is over, you can go to court to finish up the process. You will need to attest to a handful of facts about yourself and your situation in order to finalize your divorce.
So long as you and your spouse can show a judge that you have distributed property and debt fairly and that any issues related to children are in the best interest of the kids, they will likely sign your decree.
You will need to bring your Original Petition, a file-stamped copy of the Respondent's Answer or their Waiver of Service Only form, as well as your Divorce Decree.
If you have minor children, additional documents might be necessary.
Once the judge has signed your Final Decree of Divorce, you will go file it with the court clerk. Congratulations– your divorce is final!
If you are filing for divorce without a lawyer, it means you are considered a Pro Se litigant in your divorce case. “Pro Se” is a Latin term that means “in one’s own behalf.” Essentially, it means that you are representing yourself in the case rather than hiring an attorney.
Generally, getting a Pro Se or DIY divorce is only recommended if there are no contested issues or complex circumstances involving assets, debts, and children.
Perhaps the most compelling reason to do your own divorce in Texas is the potential savings. Instead of costing several thousand dollars, a DIY divorce typically only costs a few hundred dollars. Generally, you will only need to pay the filing fees and a few other related court fees.
Check out our guide to the cost of divorce to learn more.
Saving money during your divorce is great, but not everyone is a good candidate for a Pro Se divorce. In some instances, working with a lawyer will help to protect your interests and the interests of your children.
If any of the following is true, you should consider hiring an attorney rather than going it alone:
If you aren’t sure whether or not you can handle getting a divorce on your own, you might consider setting up some consultation appointments with divorce lawyers in your area. Meeting with a few different attorneys can help you get a range of perspectives on how complex your case will be. Additionally, you might find that hiring a lawyer for a few select tasks, such as going over your paperwork before you file, is a cost-effective way to make sure everything goes smoothly in your divorce.
For more resources about getting divorced in Texas, check out our Texas family law blog.
Even under the best circumstances, divorce can be an incredibly stressful process. Learning how to divorce amicably in Texas can help you avoid an expensive, emotionally taxing, and drawn-out experience that negatively impacts everyone involved.
In this article, we'll discuss how to get the most amicable type of divorce-- an uncontested divorce-- as well as some tips on how to keep your personal relationship with your spouse as friendly as possible.
The best case scenario when it comes to getting divorced in Texas is to file for an uncontested divorce. An uncontested divorce is only possible, however, if you and your spouse can agree on all of the financial, legal, and practical terms that are involved in dissolving your marriage.
You can end up saving both time and money when you file for an uncontested divorce rather than a contested divorce.
A contested divorce occurs when you and your spouse are unable to agree on all of the terms involved in ending your marriage.
You will need to meet three basic requirements in order to qualify for an uncontested divorce in Texas. These are:
Either you or your spouse must have lived in the state of Texas for six months before filing for divorce. One of you also has to have lived in the county where you are going to file for divorce for the ninety days leading up to filing.
For many Texans, these residency requirements are fairly straightforward. If your situation is a bit more complex, for example, you or your spouse is in the military and stationed out of the state, you can learn more about the Texas residency requirements for divorce here.
In order to file for an uncontested divorce in Texas, you and your spouse will also have to agree on the legal reason for divorce. In all of the U.S. states, you have to state the reason (also known as the “grounds”) for divorce when filing your initial paperwork.
At this point, all 50 states allow spouses to file on no-fault grounds, and some states don’t allow for fault-based grounds in a divorce. Texas allows for both fault and no-fault divorces.
When you file a fault-based divorce, you are placing the blame for the dissolution of the marriage on your spouse. Fault-based grounds in Texas include cruelty, abandonment, and adultery.
On the other hand, when you file for a no-fault divorce, neither spouse is accusing the other of misconduct or wrongdoing that led to the marriage ending.
If you file for a fault-based divorced, you are likely not going to be able to qualify for an uncontested divorce. Few people will simply settle the case rather than fight when accused of egregious misconduct. When there is any element of your case that is in dispute, it won’t be considered uncontested in the eyes of the court.
This means that in order to get an uncontested divorce, you need to both agree to no-fault grounds in the divorce. The most common no-fault ground in the state of Texas is “insupportability.” This means that the marriage cannot continue because of a clash of personalities or conflict that is extreme enough that reconciliation is not considered possible. A more common term for this concept is “irreconcilable differences.”
If you meet the residency requirements and both agree on the grounds for divorce, the final hurdle is an agreement regarding all of the issues in your divorce.
The types of issues you’ll need to work out include:
In some cases, you might find that you and your spouse can easily come to an agreement on how to deal with these and other pertinent matters. That being said, you don’t necessarily want to focus solely on amicability if your spouse is proposing terms that simply don’t work for you.
If there are some issues that you and your spouse can’t agree on, you might consider divorce mediation. This is a process you can go through to try and negotiate solutions rather than taking the battle to court.
In most cases, mediators will help you create a document that outlines the agreements that were made as a part of mediation. This document can then be used to help you write your divorce settlement agreement, which is sometimes referred to as a property settlement agreement or a marital settlement agreement.
When you are certain that you and your spouse are good candidates for an uncontested divorce, it’s time to prepare to submit the necessary forms.
Depending on your situation, the forms you need to fill out can vary to some extent. For example, there are separate forms for people that are divorcing with minor children and without minor children.
You and your spouse might both choose to hire a lawyer to help you file for divorce, even if you aren’t expecting it to be a litigious court battle. Even if your divorce is amicable and uncontested, it’s generally a good idea to have a lawyer if your estate is complicated or if you are uncertain about your ability to receive a favorable outcome without legal assistance.
You can also choose to file for divorce without a lawyer. This can save you a great deal of money, as most of the costs associated with divorce are the fees owed to attorneys. If you don’t want to get a DIY divorce but are trying to keep costs down, you can learn more in our post about cheap divorce options in Texas.
Above, we detailed the legal and practical ways you can get an amicable divorce. Of course, ending a marriage is also a deeply emotional process.
Here are a few tips to help you get an amicable divorce that touches upon the more personal aspects of the experience:
One of the best ways to reduce stress during the divorce process is to learn as much as possible about the necessary steps and the laws surrounding marriage dissolution. You’ll find that the more you know, the less afraid you feel. To help you learn more about divorce in Texas, check out our Texas family law blog.
There are always a number of ducks to put in a row after a divorce, and you’ll need a certified copy of your divorce decree to do things like change your name or change the benefits on your insurance. Let’s look at how to get a copy of a divorce decree in Texas.
In short, you can only get certified copies of your divorce decree from the county or district clerk’s office where you filed for divorce. You might be able to request these copies online, but some offices only receive requests by mail or in person.
The only place where you can get certified copies of divorce decrees in Texas is from the district clerk. The same is true of certified copies of marriage licenses.
In order to obtain certified copies of marriage and divorce records, you’ll have to contact the county or district where the forms were filed.
To find out where to file for divorce in Texas, read this article about the residency requirements for divorce.
Some district clerk’s offices allow you to order certified copies of your divorce decree online. Others might require that you request them by mail or in person.
Divorce decrees are often only accessible to the parties that are involved in the divorce, such as the spouses and their respective lawyers. It is a good idea to obtain at least one copy of the divorce decree that has an official court seal so its authenticity can be verified.
You will want to get a certified copy of your divorce decree when you get divorced. If you have a lawyer, this is something they can help you with if you aren’t sure how to obtain this official document.
A certified copy is one that is legally certified and stamped by the clerk’s office. There are a number of scenarios where you might need a certified copy of your divorce decree, including:
You can also obtain non-certified copies of your divorce decree. However, you’ll want to make sure a non-certified copy is sufficient for the intended use before doing so.
Did you file for divorce, and the process has stalled? Learn about whether divorce petitions expire in Texas in this article.
If you don’t need a certified copy of your divorce decree, you can also request a letter from the Vital Statistics Section (VSS), which is a part of the Texas Department of State Health Services that maintains vital records in Texas. The VSS issues Verification Letters that state whether a marriage or divorce was recorded with the state. These letters are available for divorces that occurred between 1968 and the present, as well as marriages that occurred between 1966 and the present.
Before requesting a letter, you’ll want to make sure that a Verification Letter will satisfy whatever purpose you intend to use it for. These letters aren’t considered legal substitutes for divorce decrees or marriage licenses.
If all you need is a Verification Letter, you can request them in a number of different ways:
If you order your Verification Letter from the HQ in Austin, you can often receive your record the same day.
However, in some cases, it takes 24 hours or more to process applications. In order to request a letter online, it can only be intended to be delivered within the United States, to U.S. military addresses (APO, FPO), or to U.S. territories or commonwealths.
If you or your spouse is in the U.S. military and Texas is your home state, you can learn more about where to file for divorce in our article about getting divorced in a different state or county in Texas.
Before you request a certified copy of your divorce decree or a Verification Letter, it’s worth understanding the difference between divorce decrees, certificates, and records. This can help ensure that you are seeking the right document for your purpose.
Divorce decrees have information about the location, date, time, and parties involved in the finalization of a divorce, as well as the findings of the divorce case. A divorce decree will include information about spousal support, child custody, child support, and other judgments or agreements. All of the agreed-upon information will be included in the divorce decree, including whether one party will revert to using their maiden name, how debts will be divided, and death insurance.
These documents are often only accessible to the parties involved in the divorce, such as the spouses and their attorneys.
A divorce certificate contains the least amount of information when compared to decrees and records. At the same time, they are the most frequently requested type of divorce document.
This certificate includes a statement that a divorce agreement was made between two parties, where the divorce occurred, and the date and time it was finalized.
People often request this type of document when they want to remarry or change their name. Divorce certificates should only be accessible to the parties that got divorced and the lawyer that was present as a part of the proceedings. In some specific instances, however, the state will allow other parties to access this document.
Containing more information than a divorce decree or certificate, divorce records have all of the same info as these other two types of documents, as well as additional files and documents.
This is basically the case file for the divorce case. It is often recommended that people preserve the documents related to a divorce in case one of the parties wants to fight a judgment or decision made by the court or for another court proceeding.
Divorce records can be searched for in the same way that court and criminal records can be– through an oral or written request in addition to valid identification and fees associated with the record request.
In the state of Texas, divorce records are public. This means that they can be accessed by anyone.
The Vital Statistics Section of the Texas Department of State Health Services offers indexes of all of the divorces that have been recorded in the state since 1968. These can be downloaded for free. For information about divorces that occurred prior to 1968, you have to contact the local county or district clerk’s office.
Getting divorced can be incredibly stressful in its own right before even considering the legal and practical complexity of the whole ordeal. To better understand your rights and responsibilities under the law during divorce, check out the rest of our Texas family law blog.
The average cost of divorce in Texas is $12,800, according to FindLaw. In some instances, dissolving your marriage can cost upwards of $20,000. Many people don’t have that type of cash lying around, which leaves them wondering how to file for divorce in Texas with no money.
If you’re low income, you might qualify to have your filing fees and other court-related fees waived. There are also some options to receive free or low-cost legal aid if you qualify for a program in your area.
There is a filing fee when you file your divorce paperwork with a Texas courthouse, whether or not you’ve hired a lawyer to represent you. The cost of the filing fee varies depending on which county you are filing for divorce in, but it's typically between $250 and $350.
You can learn more about the expenses associated with divorce in our post about the cost of divorce in Texas.
If you aren’t able to afford this fee, it doesn’t necessarily mean you’re stuck in your marriage. You can apply to have the filing fee waived by proving that you have a low income. The first step you’ll need to take is to fill out and file an affidavit of indigency form.
Important note: When you sign this form, you are stating that the information you included is true and correct under penalty of perjury. This means that lying on the form is a crime.
Once you file this form, a hearing date will be set by the district clerk. You can present your financial situation at the hearing to a judge. If the court is willing to waive your filing fees, you can then continue with the process of divorce without having to pay any court-related fees.
The option to have your court fees waived is usually available to people that receive government entitlements due to indigency. Examples of this type of government assistance includes:
If you are able to prove that any of the following are true, you will likely be able to have your fees waived:
If your court fees are waived by the court, you won’t have to pay any fees that are charged by an officer of the court or the court itself. This includes things like the filing fees, fees for copies, fees charged for the preparation of the appellate record, fees for a court-appointed professional, and fees for issuance and service of process.
Of course, the court filing fees are only a small percentage of the total cost of divorce if you are hiring an attorney. There are some ways to receive free or low-cost legal help, but you typically have to meet certain qualifications. We’ll discuss these options a little later in the article.
If you are able to get divorced without hiring a lawyer, having your court filing fees waived means that you can get divorced for free. However, you’ll want to be very considerate about whether moving forward without a lawyer is a good idea in your particular case.
You have the right to represent yourself in a divorce in the state of Texas. This is known as being a Pro Se litigant. It isn’t always a good idea, though, so you’ll want to think about whether you are a good candidate for getting a DIY divorce.
If any of the following are true, a lawyer might be unnecessary in your case:
If you and your spouse aren’t able to resolve your conflicts on your own, you might consider seeking mediation in order to come to an agreement about all of the terms of your divorce. If this route is successful, you might then consider proceeding without a lawyer. For people with complicated estates, an attorney might simply be necessary.
For people that need a lawyer to get divorced but can’t afford it, there are some options. There are a number of organizations that provide legal assistance for free or at a low cost for people that live in Texas who qualify. The requirements to qualify often include information about where you live, how much income you earn, and the type of court case you’re filing.
Legal aid organizations frequently require that parties have a household income level below 125-200% of the Federal Poverty Guidelines. Where you fall in relation to the poverty guidelines has to do with the pre-tax income of your household and how many people live in your house. Use this U.S. Department of Health and Human Services chart to get a sense of where your household falls.
You also typically need to be a current Texas resident to meet the residency requirements of legal aid programs. However, if you’re in the Armed Forces and you are temporarily stationed elsewhere with your home state still being in Texas, you are considered a resident of Texas and could still qualify based on the residency requirements. The same is true if your spouse is in the Armed Forces.
There can also be additional eligibility factors in order to qualify for some legal aid organizations. These programs might focus on serving specific communities, including veterans, sexual assault victims, seniors, and people with disabilities.
To find legal aid organizations in your area of Texas, you can use this directory on Texas Law Help. It’s important to know that your case still might not be taken by an organization even if you do qualify. There are many people who want to receive free legal help when getting divorced, and this means that there are often very long lists with these programs. In some cases, waiting for legal aid help can mean that you can’t even start the process of getting divorced for several years.
If you don’t think you’ll qualify for legal aid programs in Texas, check out our post on how to get a cheap divorce in Texas. If you need the help of a lawyer but don’t want it to cost an arm and a leg, take a look at our recent article about how to find an affordable Texas divorce attorney.
Are you looking for more information about dissolving your marriage or family law issues in Texas? Check out our library of articles at TexasDivorceLaws.org.
If you’re getting married or contemplating divorce, you might be wondering just how many Texas marriages end in divorce. Understanding how common divorce is can help you grasp the potential risks of marriage as well as make you feel less alone when facing the dissolution of a marriage.
The divorce rate in Texas for 2020 was 1.5 divorces per 1,000 people, which is lower than the national average. Some studies pin the Texas divorce rate at 10.5%, which means that Texas has a relatively low percentage of divorces compared to other U.S. states.
According to the CDC, the divorce rate in Texas is 1.5 per 1,000 people for the 2019-2020 period. It’s worth noting, however, that statistics like this from 2020 could be skewed because of the unprecedented disruption caused to courts and other aspects of life due to the COVID-19 pandemic. In 2014, there were 71,988 divorces in the State of Texas, with a divorce rate of 2.7 per 1,000 people.
Zippia.com compiled data on the percentage of divorce by state for people at the age of 30. Texas ranks at number eighteen with 11.7%. Arkansas had the highest divorce rate using these metrics at 19.5%, and New York had the lowest at 5.0%.
According to data from World Population Review, the divorce rate in Texas calculated “based on the number of women who were divorced in 2019 per 1,000 women aged 15 and over” was 10.5%
The divorce rate in Texas reached an all-time high in 1981, with 101,856 divorces. According to a 1981 New York Times article, cities in once Texas lead the U.S. in the rate of divorce. The divorce rate in Texas fell between 1981 and 1989 and then increased until 1992. Since then, they have been steadily decreasing.
Both the marriage rate and the divorce rate has decreased in Texas since 2000.
The divorce rate in Texas is relatively low compared to other states in the US. Of the states with available data on the CDC “Divorce Rates by State” table*, Texas has the third lowest divorce rate after Louisiana (1.4 per 1,000 people) and Massachusetts (1 per 1,000 people.)
Wyoming has the highest divorce rate in the nation (3.8 per 1,000 people), followed by Alabama (3.7 per 1,000 people) and Arkansas (3.6 per 1,000 people.)
According to the CDC, the marriage rate in the US is 5.1 per 1,000 people, and the divorce rate is 2.3 per 1,000 people out of the 45 reporting states plus Washington D.C. There were 1,676,911 marriages and 630,505 divorces estimated by the CDC during 2020. These numbers are provisional for the year 2020.
This means that the divorce rate in Texas is lower than the national divorce rate.
Comparing divorce rates between states can be a bit complicated because the marriage rate can vary significantly between states. For example, Massachusetts has a low divorce rate (1 per 1,000), but it also has one of the lowest marriage rates in the nation (4 per 1,000). With fewer marriages every year, it logically follows that there are fewer opportunities for divorce.
At the same time, Arkansas has a high divorce rate (3.6 per 1,000) but also a relatively high marriage rate (7.8 per 1,000). It makes sense that there would be proportionately more divorces in a state like Arkansas than in a state like Massachusetts, as there are far more marriages per 1,000 people.
*The CDC data table does not include divorce rates for California, New Mexico, Hawaii, Minnesota, and Indiana.
The marriage rate in Texas in 2017 was 7.1 per 1,000 residents. This is slightly higher than the 2017 national marriage rate, which was 6.9 per 1,000 residents. In 2017, there were 2,236,496 marriages in the Lone Star State.
Marriage rates have been declining at the national level for some time now. The annual marriage rate in the United States was typically no less than eight marriages per 1,000 throughout the 20th century, though there was a lot of variation during this 100-year span. For example, the marriage rate declined during the Great Depression to about eight marriages per 1,000 people and peaked after the end of WWII at more than sixteen marriages per 1,000 people.
In 2019, the marriage rate was six marriages per 1,000 people. This is the lowest marriage rate in the United States since marriage records began being kept by the U.S. government in 1867. By contrast, the marriage rate in 2000 was at 8.2 per 1,000 people.
There are countless different reasons that a couple might decide to get divorced.
At the same time, there are a number of factors that seem to push people toward dissolving their marriage more than others. Some commonly cited reasons for divorce include:
Worried that your spouse is going to try and make your divorce as difficult as possible? Check out these sneaky divorce tactics that you’ll want to be aware of.
Using data from 2017, we find that the Texas county with the highest divorce rate is Lamar County, with a divorce rate of 5.7 divorces per 1,000 people. This is followed by Upshur County (5.6 divorces per 1,000 people), Lampasas County (5.6 divorces per 1,000 people,) Dallam County (5.5 divorces per 1,000 people), and Tyler County (5.2 divorces per 1,000 people.)
On the flip side, the Texas counties with the lowest rate of divorce in 2017 were:
Divorce can pose a serious financial burden, but being able to plan ahead for the cost can go a long way. This guide on the cost of divorce in Texas can help you prepare.
Research has found that the highest percentage of marriage dissolutions occur sometime during the first eight years of marriage. Couples that have been married for ten years or longer are much less likely to get divorced than those that haven’t reached the ten-year mark.
Interestingly, divorce rates can also vary drastically depending on the month of the year. March and August are peak months for divorce, and December experiences the lowest number of divorces.
Experts believe that people tend to try and avoid divorce during the holiday season when possible. The months of March and August both fall in between the major vacation and holiday seasons, which might account for the high number of divorces during this time.
According to some estimates, 41% of all marriages eventually end in divorce. Interestingly, nearly half of people that get married before the age of 18 get divorced within ten years, while those that wait until age 25 or older are more likely to stay together.
44.4% of divorces for men in Texas occurred between the ages of 30 and 44. For women between the ages of 30 and 44, this rate is nearly identical at 44.5%.
Unfortunately, there have also been a number of studies that have found that the number of prior divorces correlates negatively with the likelihood of maintaining a successful marriage after divorce. This means that the more times you are married, the less likely your current marriage will succeed.
According to some sources, 67% of second marriages end in divorce, while 73% of third marriage end in divorce.
If you’re facing divorce, researching the legal aspects of marriage dissolution might not be your top choice in how to spend your time. The reality is, though, that understanding your rights and responsibilities under the law can empower you during the process and help make divorce less stressful. On top of that, it can allow you to create a post-divorce outcome that is favorable for you and your whole family.
For more information about divorce in the Lone Star State, check out our Texas Divorce Laws resource library.
Can you file for divorce in a different state or county in Texas than the one you live in? The answer is: it depends.
For example, you can file for divorce in a Texas county you don’t live in so long as your spouse has lived there for at least ninety days and in Texas for six months. You can also choose to file for divorce in another state if your spouse fulfills the residency requirements in that state. Before you head to the courthouse, though, you'll want to learn more about the potential implications of filing for divorce in a state or county you don't live in.
When you’re contemplating filing for divorce, one primary question is what state and county you should file your divorce petition in. If you and your spouse have lived in the same Texas county for a long time, the answer to the question is pretty straightforward.
If you’ve moved, your spouse has moved, one of you is in the military or public service, or one of you is contemplating moving, though, things can start to get more complicated.
The short answer is: it is possible to file for divorce in a different state than the one you live in, and it is possible to file for divorce in a different county in Texas than the one you live in. However, this requires that your spouse meets the residency requirements of the other state or county. On top of that, you will want to familiarize yourself with issues relating to jurisdiction before filing.
The residency requirements to get a divorce in Texas are as follows:
There are some exceptions for people that are serving in the military or another government service outside of Texas. They can still qualify to file for divorce in Texas if:
If you accompanied your spouse outside of Texas because they are serving in the military or another government service, these same rules apply. The time you spend outside of Texas with a military spouse still counts as time spent in Texas so long as Texas is your home state.
Note: Individuals that are stationed at a military base in Texas or are otherwise serving the government in Texas can file for divorce in the state so long as they have been in the county for at least ninety days and the state for at least six months.
Many states have requirements regarding residency that need to be met for a person to file for divorce in their courts in order to obtain jurisdiction over a divorce suit. Jurisdiction is the authority that a court has to hear specific types of legal cases.
The requirements vary between the states when it comes to subject-matter jurisdiction in divorce cases. For example, Texas requires one spouse to have lived in Texas for six months and in a particular county for ninety days before the divorce can be filed. Washington, on the other hand, doesn’t have any requirements like this. This means that it is possible to move to Washington state and file for a divorce in a Washington court the day after you move.
It’s important to understand, though, that just because you have proper subject-matter jurisdiction doesn’t mean that a court has the power to make orders regarding custody or divide your property.
In Texas, the courts are able to exercise personal jurisdiction over a person that lives out of state if the following is true:
A Texas court has the authority to issue binding orders once it is able to establish personal jurisdiction. There are a few more circumstances where Texas courts can have jurisdiction over an out-of-state party, including:
Essentially, issues of a jurisdiction can be complicated when one spouse doesn’t live in the same state where divorce is filed. It’s a good idea to talk to a lawyer if you’re thinking about filing for divorce in the state where your spouse is a resident or if your spouse has moved out of state.
When you are getting divorced and the two parties live in different states, it’s important to understand that the decisions a court makes in terms of spousal support, property division, custody, and child support could be considered invalid. That is unless the spouse that is not a resident either acts as if the divorce was valid (i.e. paying court-ordered support) or consented to the jurisdiction of the court.
If you have children, you will also want to research the Uniform Child-Custody Jurisdiction and Enforcement Act. It’s important to determine which state has jurisdiction to make orders regarding your children before filing for divorce.
If you’re worried that your spouse is going to move your child without notice or pull some other sneaky trick, you’ll want to consult with an attorney.
It is possible to file for divorce in another state if you live in Texas so long as your circumstance meets the requirements of the state law where you are planning to file. All states require that one of the two spouses is a resident of the state. In many cases, one spouse needs to have been a resident for at least six months and sometimes a full year.
Before you file for divorce in the state where your spouse lives, though, you’ll want to think about the implications. You probably shouldn’t expect that your divorce will be settled in one court appearance, and traveling back and forth from your home state to the state where you filed for divorce will likely start getting pretty expensive.
On top of that, if you ever want to make modifications to your divorce decree (such as child custody and support or the property settlement agreement), you will have to file this paperwork in the state where you filed for divorce. This means that you could be signing up for traveling in and out of the state for many years to come.
You can choose to file for divorce in the Texas county where your spouse has been a resident for at least ninety days (assuming they have also been a resident of Texas for at least six months.)
You can file for divorce in Texas if you live out of state so long as your spouse meets the Texas residency requirements. Depending on the residency requirements in your new state, you may want to file for divorce in the state you are currently living in rather than Texas.
If you have minor children, you will want to talk to a lawyer about the court’s jurisdiction in relation to custody and support orders to ensure that you are filing for divorce in a way that is in the best interest of the children.
When both spouses don’t live in the same county or state, it can certainly add some complexity to the process. If you are uncertain about whether you should file for divorce in a different state or county in Texas, it’s a good idea to at least consult with a lawyer about the possible advantages and disadvantages of going this route.
For more information about your rights in a Texas divorce, check out our articles at TexasDivorceLaws.org.
Getting divorced is often an individual’s first interaction with the court system in their state. If you’re thinking about filing to dissolve your marriage, you’re likely wondering, “what are the requirements for getting divorced in Texas?”
In Texas, there are residency requirements you need to fulfill, fees that must be paid, and a waiting period that must pass before a divorce can be finalized. You are not required to file for divorce on fault-based grounds.
In order to get divorced in Texas, you will need to meet the two residency requirements dictated by the state.
During the time leading up to filing for divorce, either you or your spouse needs to fulfill the residency requirements, which are:
People that are serving in the armed forces or serving in a state or federal government service outside of Texas can still qualify for getting a Texas divorce so long as:
The same goes for spouses that accompany a husband or wife that is serving in the armed forces or another government service in another state or country.
If you are a military family and you are getting divorced with children, you will want to consult with a lawyer. If your children have been living outside of Texas for the previous six months, courts in Texas might not be able to make orders regarding your kids.
The cost of divorce can vary greatly depending on a long list of factors. In general, there is usually a “filing fee” that you pay when you file the initial paperwork. Filing fees vary between counties, but they usually cost between $250 and $300.
You also might have to pay a “service fee” and an “issuance fee” if you need to have your spouse served.
You can learn more about the specifics of court fees involved in your divorce by contacting the district clerk’s office in the county where you will be filing for divorce.
It is possible to ask a judge to waive your fees if you aren’t financially able to cover them. You can do this by filling out and filing a form known as the Statement of Inability to Afford Payment of Court Costs.
In order to have your fees waived, you will need to prove that one of the following statements is true:
If your court fees are waived, you won’t have to pay “any fee charged by the court or an officer of the court, including, but not limited to:
You can find this language in Texas Rule of Civil Procedure 145(a).
For more information about how much you should expect to pay to get divorced in the Lone Star State, check out our guide to the cost of divorce in Texas.
Every state in the U.S., plus the District of Columbia, permits no-fault divorce these days. This means that you can file for divorce without alleging that the other person is at fault in any way and instead pointing to the fact that the relationship is unreconcilable.
Before that, though, you would have to have grounds for divorce in order to be granted one. One of the motivations of the no-fault divorce movement that revolutionized divorce laws across the country was the reality that spouses would often allege false grounds in order to be granted a divorce.
Some U.S. states have completely removed a person’s ability to file for divorce on fault-based grounds such as abandonment, adultery, or cruelty. In Texas, you have the option to file for a no-fault divorce or on fault-based grounds.
Your spouse does not have to agree to the divorce in order for it to be granted. Only one spouse has to believe that the relationship is irreconcilable.
There are seven grounds for divorce in Texas, which are:
Even if you believe that your spouse is at fault for the dissolution of the marriage, you might still choose to file on the grounds of insupportability (a no-fault divorce) in order to make the process simpler, faster, and less expensive. If you are thinking about filing for divorce on fault-based grounds, it’s a good idea to consult with a lawyer. They will be able to help you understand the different potential timelines and outcomes of each of your options.
Another requirement for divorce in Texas is the mandatory sixty-day waiting period. This means that a court cannot grant you a divorce until sixty days have passed since you filed for divorce.
There are only two exceptions to this rule, and they are very specific. The waiting period can be waived if:
You can determine when your waiting period will be over by looking at a calendar and starting the day after you filed the Original Petition for Divorce. When counting out sixty days, including both weekends and holidays.
If the sixtieth day after you file is a Saturday, a Sunday, or a holiday, the next business day will be the first day your waiting period is over.
Even though a judge can’t grant a divorce until these sixty days have passed, it’s important to understand that you might still have to wait longer than that for your divorce to be finalized. This has to do with the specifics of your case and the schedule of the courthouse.
Though it might be frustrating to learn that you have to wait sixty days before the divorce can be finalized, this period of time can give you and your spouse the opportunity to decide if you really want to get divorced. Legally dissolving your marriage is a big decision, and it can be good to have a “cooling off period” where everyone can think through the ramifications of this event.
You are able to continue working on reaching an agreement with your spouse about the terms of your divorce during this time. The process of divorce doesn’t have to come to a halt during the waiting period. You simply won’t be able to complete the process until the waiting period is over.
No, you are not required to have a lawyer in order to get a divorce in Texas. You can choose to represent yourself if you’d like. This is known as being a Pro se Litigant.
Getting divorced without a lawyer in Texas can potentially save you thousands, if not tens of thousands of dollars. However, this isn’t a decision you want to take lightly. The outcomes of a divorce can have a huge impact on your finances, your relationship with your children, and your life, so you’ll want to make sure you understand the implications of representing yourself before doing so.
Be sure to check out our Texas Divorce Laws blog for more resources about your rights and responsibilities during a divorce.
