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.
Whether you and your spouse are considering attending divorce mediation in Texas or a judge is ordering you to attend mediation, you might be wondering what you need to know about this process.
When you go to divorce mediation sessions, a neutral, trained professional will help you and your spouse communicate about important issues and hopefully come to an agreement about how you will deal with the contentious issues in your divorce. By attending divorce mediation and successfully reaching an agreement, you can potentially save money on your divorce, get divorced more quickly, and avoid the stress and conflict often associated with a contested divorce.
During mediation, you and your spouse will meet in person or virtually with a neutral, trained professional mediator.
Their role is to help the two of you come to an agreement about important issues in your divorce, such as how to divide property. They also help you create a written settlement agreement that reflects the agreements you made as a part of mediation.
You can use mediation in your divorce in Texas so long as both parties agree in writing or if the court refers the case to mediation.
You are not always required to use mediation in a Texas divorce, but a judge can order you to do so in either child custody cases or divorce cases.
Different counties have varying practices and policies when it comes to court-ordered mediation. In some counties, judges might order spouses to go to mediation in most or even all cases before things can proceed to a temporary or final hearing. Judges can even select a specific mediator for spouses to meet with, but this usually happens when the parties aren’t able to come to an agreement on a mediator on their own.
You can attend divorce mediation before filing for divorce or after you have filed at any point in the process. In some instances, a judge will order spouses to go to mediation before their divorce can be finalized.
You are free to go through mediation before you even file for divorce if both you and your soon-to-be-ex agree.
Going to mediation before a divorce can give you and your spouse the opportunity to come to an agreement about all divorce-related issues. This could allow you to get an “agreed divorce,” which is a type of uncontested divorce. Agreed divorces are simpler, faster, and less expensive than contested divorces.
There are many experts that recommend that people go to mediation as soon as possible when they know they are getting divorced. If you end up reaching a settlement during the process, you can benefit from the simpler divorce process associated with agreed divorces.
This also means that you could avoid hiring a lawyer as a part of your divorce, which is typically the most expensive part of getting divorced. Another advantage of attending mediation before you even file for divorce is that it can help reduce the conflict and stress that are often associated with contested divorces, which can be harmful and unpleasant for both spouses and any children involved in the marriage.
It’s possible that you and your spouse will decide to go to mediation once the process begins, or a court could end up ordering you to undergo mediation. You will need to inform the judge if you end up deciding to go to mediation after the case has begun.
Mediation is something you can do after the process has started, whether or not you have an attorney representing you. For more information about filing for divorce without a lawyer, read our post about DIY divorce in Texas.
In some cases, spouses find that they are more interested in the mediation option when more information has been revealed as a part of the discovery process. Discovery is a legal process that gives each spouse the ability to require the other to share certain documents and information.
Sometimes, judges will order spouses to attend mediation before they will allow you to have a final hearing for your divorce.
How much mediation costs in Texas depends on a number of different factors.
It’s worth noting that there are Dispute Resolution Centers in some Texas counties that provide low-cost or free mediation to couples. However, you normally have to meet specific financial requirements. For example, the Dispute Resolution Center in the largest county in Texas, Harris County, has eligibility requirements that include earning less than $80,000 a year combined and not owning any significant assets.
If you aren’t eligible for one of these cheaper mediation options, there are a number of factors that will influence how much mediation costs. These include:
Other factors that might impact the cost of mediation include whether you attend mediation in person or remotely or if there are extra charges and fees attached to the service offered by a specific mediator.
In general, the cost of private divorce mediation costs between $3,000 and $8,000. The typical hourly rate of attorney mediators is $250-$500 an hour, while non-attorney mediators usually charge between $100 and $350 an hour.
For more information about how much you should expect to pay when dissolving your marriage in the Lone Star State, check out our article about the cost of divorce in Texas.
There are usually three stages in Texas divorce mediation. That being said, there aren’t specific rules or laws in Texas about how this process takes place beyond its requirements regarding mediated agreements.
These three stages are:
Mediators help spouses prepare an agreement in writing that outlines the decisions that were made during the negotiation part of the process. As soon as the document is signed by both spouses (and their respective attorneys if they have them), this contract is legally binding in the state of Texas. However, in order to be valid and binding, it needs to include a statement that the agreement is “not subject to revocation” in a prominent way (meaning it is capitalized, underlined, or boldfaced.)
This is a statement that communicates that neither you nor your spouse can change your mind about the agreement once it is signed. The provisions laid out in the agreement must be followed by both of you even before the divorce is finalized. This is the case whether the agreement was signed as a part of court-ordered meditation or voluntary mediation session.
You are never required to reach an agreement, even if you are attending court-ordered mediation. Mediators do not have the ability to force you to find a solution to the issues at hand.
If the process of mediation does not result in the settling of all of your disputes, your divorce will proceed to the litigation phase unless you are able to find a solution to the unresolved issues before that point.
Mediation can be a great solution for couples that are unable to come to an agreement about important issues in their divorce on their own. It is ideal to avoid the litigation stage of a divorce case if possible– it makes the whole process a lot more expensive and a lot more time-consuming, not to mention more unpleasant and stressful.
No matter where you are in the process of divorce, knowing your rights and responsibilities under the law can be incredibly empowering. For more information about family law in Texas, be sure to check out our library of Texas divorce articles.
Getting a divorce is expensive, but with some careful planning and a mutual willingness to cooperate, you can keep your costs down. There definitely are cheap divorce options in Texas, but what this means in your case will depend on your particular circumstance.
For instance, if your case is fairly simple and you and your spouse are in agreement, a DIY divorce is an affordable option. If there are contested issues though, the most important thing will be avoiding going to trial if at all possible to keep costs down.
The looming reality of an expensive divorce can be extremely stressful, and you might find yourself lying awake at night wondering: what are my cheapest options for a divorce?
Tackling these questions in advance is the first step in saving money on your divorce. One way that people spend more than they need to on divorce is by hiring professionals before they try to work things out on their own. Let's take a look at what your cheapest options are so you can make a plan that fits your financial situation.
Depending on your particular circumstance, how much it will cost to get divorced in Texas can range enormously. Later on in the article, we’ll talk about what the cheapest divorce options are in Texas. First, though, it’s useful to understand exactly how much a Texas divorce costs.
A number of different factors can influence the cost of a divorce, but the average cost, according to one study conducted between 2015 and 2019, typically ranges between $11,000 and $13,000.
Another frequently referenced study found that getting a divorce in Texas is even more expensive than that. For divorces that don’t involve any children, this study found that the average cost is about $15,600. When there are children involved in the divorce, the average cost was found to be $23,500.
Texas is considered to be the fifth most expensive state in the entire country to get divorced, whether or not you have children.
While these numbers are probably a bit frightening to anyone other than those with the deepest of pockets, it’s worth understanding that you don’t have to spend this much on a divorce if you’re able to get an uncontested, agreed divorce.
When you get a divorce in Texas, the biggest expense by far will be the bill you get from a lawyer. Divorce lawyers commonly charge by the hour, which means that the legal fees you accrue will have to do both with their hourly rate and how much work they have to do in order for you to get the outcome you want.
It is possible to get a divorce in Texas without a lawyer, which we’ll discuss later. However, the more complicated your circumstances are, the more sense it makes to seek legal assistance. While it can be tempting to save money on your divorce, you don’t want it to be at the cost of undesirable outcomes in your settlement.
For more detailed information about how much you should expect to pay for a divorce in the Lone Star State, check out our complete guide to the cost of a Texas divorce.
When you’re getting divorced, the decisions being made as a part of the process can have an enormous impact on your life after divorce. This includes your relationship with your children, where you live, your finances, and more. For this reason, it’s important to not avoid hiring a lawyer just to save money when you really need legal assistance.
However, if your divorce is fairly straightforward, you might be a good candidate for a DIY divorce. If this is the case, it means that you can save thousands, if not tens of thousands, of dollars during the process.
Here are some of the criteria that can mean a DIY divorce might be a good option for you. The more of these boxes you can check off, the more likely it could make sense to go it alone without a lawyer:
If you and your spouse aren’t on the same page when it comes to divorce, it’s probably best to get a lawyer. If your spouse already has a lawyer, it’s generally advised that you should get one, too. It’s important to recognize that the decisions being made in the divorce will have a big impact on your life, and though legal fees can feel outrageous, you also don’t want to be left in a situation where you get an unfair deal in the end.
If you’re able to get divorced without a lawyer, the divorce will only cost a few hundred dollars. The only costs will be the filing fees and maybe a few other associated fees for the courts. The filing fees for Texas courts depend on which county you are filing in, but they typically range from $250 to $350.
The cheapest way to get a divorce in Texas is to get an uncontested divorce, just as it is in pretty much any other U.S. state. In order to get an uncontested divorce, you and your spouse will need to agree on all major issues involved.
Getting an uncontested divorce in Texas can range in cost from $300 to $5000. In order to get divorced for as little as $300, neither you nor your spouse has a lawyer, and you are dealing with filing the paperwork on your own.
On the higher end of that price range, it likely means that both you and your spouse are working with a lawyer. However, the costs aren’t nearly as high as they could be because you aren’t accruing the legal fees that come along with a contested divorce. In a contested divorce, lawyers will work to resolve the contested issues, which will increase the number of hours they work on the case and, therefore, your bill.
If you want to get a cheap divorce in Texas, you have a number of options. If you and your spouse are low-income, there will be additional options available to you. The criteria you need to meet to qualify as “low income” will depend on the organization you’re working with.
Getting a DIY divorce is the cheapest way to get divorced in Texas unless you are able to have your fees waived or otherwise qualify for a low-income legal aid program.
A DIY divorce is when you and your spouse file the paperwork without either of you hiring a lawyer to represent you in the case.
You aren’t legally required to hire an attorney to get divorced in Texas, and you can even choose to represent yourself in family court if the divorce goes to trial. In general, though, it is advised that you only get divorced without a lawyer if your case is fairly simple and all of your terms are agreed upon.
Getting divorced without a lawyer means that you only have to pay the court filing fees and maybe a few other small court fees. Each county has different filing fees, and you’ll file for divorce in the county where you reside. These typically range from $250 to $350.
If you can’t afford to pay these fees, you can ask the judge to waive the filing fee. To do this, you’ll need to fill out and file a form titled Statement of Inability to Afford Payment of Court Costs.
If you aren’t sure whether getting a DIY divorce is a good idea, you might consider having a consultation with a family lawyer. They will often give free initial consultations, and it’s possible that they will be able to help you understand the process a bit better and get a sense of whether this is something you can handle on your own.
There are a number of factors that, if involved, indicate that you should work with a lawyer rather than getting a DIY divorce. These include:
If any of these are true for you, it’s important that you talk to a family law attorney rather than going it alone.
For more information about saving money on divorce by avoiding attorney fees, check out our recent post about getting divorced in Texas without a lawyer.
Even though getting a DIY divorce can be fairly straightforward if you and your spouse agree on everything, don’t have children, and don’t have much in the way of assets or debts, you still might find that navigating the situation is a bit over your head. The law is complicated, and legal forms don’t necessarily make it easy to feel certain that you’re filling in the right information in the right place.
In some circumstances, you might find that the best middle ground is enlisting a lawyer for certain services. Rather than hiring a lawyer to represent you and your spouse hiring a lawyer to represent them, you might find that a family law attorney is willing to look over your paperwork for a fee.
This can help give you peace of mind and ensure that you’re filling out the paperwork the right way. Most people want their divorce cases to move along as quickly as possible, and if you make a mistake in the paperwork, it can set the whole process back.
If you and your spouse have a complicated enough situation that it makes sense to hire a lawyer, i.e., you have children, you have complex finances, or you have a lot of assets in your name, you can still get a relatively affordable divorce so long as it is uncontested.
Once you involve lawyers, the total bill for the divorce will likely be in the thousands of dollars rather than hundreds of dollars. However, it’s important to factor in the cost of your time, how important it is to you that the settlement is fair, and what is at stake if the divorce proceedings don't result in an outcome you're satisfied with.
When you’re dealing with a complex financial situation, lots of assets, and shared debt, lawyers can help you navigate the process with less stress. Figuring out how to file for divorce when you have complicated finances can be a huge learning curve, and you might find that hiring lawyers is well worth the cost.
There are a number of different legal aid organizations that you can turn to if you need to get a divorce and you qualify as low-income. Each organization has its own eligibility guidelines, which can include how much income you earn, where you live, and the type of case.
It’s common for legal aid organizations to require that your household income level is somewhere below 125-200% of the Federal Poverty Guidelines. Your percentage will be determined by how many people live n your house and your pre-tax household income.
You can use this chart from the U.S. Department of Health and Human Services to find out where your household falls in the Federal Poverty Guidelines.
If you still live with the person that you’re getting divorced from, you won’t want to count their income when you are determining your household income. You also shouldn’t count them as a part of the household.
The residency requirements for legal aid programs in Texas typically mean that you need to be a current resident of Texas.
For people who are in the Armed Forces and stationed elsewhere temporarily, their residence is considered the place where they normally live when they aren’t deployed. If you or your spouse usually lives in Texas but is deployed elsewhere, then you (or your spouse) are a Texas resident.
Some legal aid groups have additional eligibility factors as they are specialized for specific communities. These can include sexual assault survivors, veterans, people with disabilities, and seniors.
It’s worth understanding that qualifying for legal aid doesn’t mean that your case will be taken by a given organization. Because divorce is expensive, many people want to use these programs in order to obtain a divorce for free. This can mean that there are long wait lists, leaving you in a situation where you can’t even begin the proceedings for a few years.
If you and your spouse simply can’t agree on all of the involved issues, your next cheapest option is either going to be undergoing mediation or a collaborative divorce.
Mediation is typically less expensive than a collaborative divorce, but both of these options are usually cheaper than taking a case to trial. By far the most expensive way to get divorced is to get a contested divorce that goes to trial. It’s at this point that the legal fees can start to exponentially stack up.
Mediation is an alternative dispute resolution method that you can use in Texas. During mediation, both parties meet with a third party which is known as the mediator. They don’t make any decisions regarding your settlement but instead, work with the two of you to help reach an agreement.
There are a number of benefits to undergoing mediation if you and your spouse can’t agree on the terms of a divorce. It is typically a lot cheaper than going to trial, and it also allows the two of you to stay in control of the outcome. After all, if you take the case to court, a judge will ultimately decide on the issues you were unable to settle on your own. Mediation also keeps the matters discussed privately rather than entering the public sphere by going to court.
Collaborative divorce, on the other hand, is a form process under Texas Law. This is a non-adversarial process where both parties work to resolve the dispute without a judge involved.
You have to sign a collaborative family law participation agreement in order to engage in this process. The two of you also each have to have a collaborative family law attorney.
Mediation can be involved in a collaborative divorce, but it also can include other processes in an attempt to help both parties reach a suitable resolution.
Some law schools also offer legal clinics for low-income individuals. For example, The South Texas College of Law offers Family Law Clinics where students represent clients.
In this example, they do have an Advanced Clinic where students represent clients who have more complicated cases, including factors such as custody agreements, contested property, and other complex issues. They also have a Basic Clinic where students represent clients in divorces that don’t involve children and only minimal property.
In many instances, though, college law clinics might only offer this latter type of legal service. You’ll find that the wait list for these types of clinics can also be quite long because of the demand for divorces without the cost. However, this can be a valuable resource for people who don’t mind waiting longer for their divorce but can’t afford to pay.
How much your divorce costs is going to depend on the details of your case. While some of the factors that make a Texas divorce more expensive might not be avoidable, others might be. Here are some of the reasons that a divorce starts to get more expensive.
When you and your spouse have minor children, a divorce typically costs more money. This is because there are more issues to come to an agreement on. On top of that, it is often advised that people with children should work with a lawyer when getting a divorce. After all, the outcome of the divorce doesn't just affect you and your spouse but also your children.
A contested divorce is more expensive than an uncontested divorce. This is because you will likely enlist lawyers, mediators, and other professionals to assist you and your spouse in reaching an agreement. The longer it takes for a settlement to be reached and the more time you need from these professionals, the more your divorce will cost.
Typically the most expensive way to get divorced is to take a contested divorce to trial.
When you file for a fault-based divorce, you're accusing your spouse of behavior or actions that led to the dissolution of the marriage. You will need to prove this in court, and the process of collecting evidence, enlisting experts, and otherwise building a case will be much more expensive than filing for a no-fault divorce.
While divorcing couples can have intense disagreements over any of the terms of the divorce, one of the issues that conjures the most hostility is often child custody. While this can be a very meaningful fight indeed, having a long, drawn-out custody battle can get expensive quickly.
The reason for this is twofold. On the one hand, an intense custody battle will likely accrue a lot more attorney fees on both sides. On the other hand, the parents might also ask the court to appoint an attorney on behalf of the child, which is paid for by the involved parties.
Needing to divide assets is normal in a divorce, but the process gets more expensive the more complicated those assets are. If your marriage involves unusual, complex, or large amounts of financial assets, there is a good chance you will also need to enlist financial experts. On top of that, the negotiation process will probably be a lot longer when you have complex assets.
Some people misunderstand the role of the family court and expect that this is a venue where their spouses can be punished for their wrongdoing. The legal divorce process isn't an opportunity to exact revenge or to air your grievances. If you approach the process as a battle over who was a worse spouse in the marriage, you will end up spending a lot more money without receiving any additional beneficial results.
Sometimes, a spouse will essentially refuse to be fair, polite, or reasonable. Divorce can get expensive when one or both parties are intentionally difficult. Though it certainly doesn't always happen, sometimes people feel the need to turn their divorce into a fight.
If you have a child with special needs, there might be a need for additional child support, and they might require significantly greater care. On top of that, they might need a parent that has greater job flexibility.
Creating a parenting plan in this type of situation usually requires a lot of negotiation and also might need to involve the child's therapists and physicians.
Sometimes parties in a divorce case can get fixated on a certain outcome to the extent that they spend more money fighting over something than it is actually worth. While property can certainly carry a sentimental value that is difficult to value, it's important to weigh out how much something is worth before battling over it in court. You might find it would have just been cheaper to re-purchase the asset after the divorce.
Parties often have to disclose documents and information to the other side during a Texas divorce. If one or both parties are having difficulty during this part of the process, it can draw things out and make it more expensive.
Some people feel strongly that the most important thing is having their day in court so that a judge will ultimately decide who is right and who is wrong. This is related to the previously stated issue of people who misunderstand the role that the court plays in a divorce.
Usually, a party can gain the same results through negotiation as they can through a trial. Avoiding trials will keep the process less expensive. The reality is, that anything you want to say to your spouse about your marriage can be said without involving the lawyers, courts, and all the associated fees.
Even a vague thought about the cost of divorce can leave you feeling overwhelmed and stressed. When you hear about divorce cases that cost tens of thousands of dollars, it can make you wonder whether you can even really afford to legally dissolve a marriage, that is, by all other accounts. With some planning, organization, and, hopefully, some collaboration, you and your spouse can keep the cost of divorce down no matter what your situation.
Navigating the legal process can be daunting, but the more you learn about Texas family law the more you can have a firm grasp of which path is right for you.
At TexasDivorceLaws.org, we have an ever-growing library of articles full of information about everything you could ever need to know about family law in Texas. Be sure to check out the rest of our resources to learn more about getting divorced in Texas.
Have you been trying to research your options when it comes to ending your marriage? If so, you’re likely interested in whether or not you can get an uncontested divorce in Texas. After all, going this route is often the simplest, least stressful, and least time-consuming way to get divorced.
There are two different types of divorce that fall under the umbrella term “uncontested,” which are an agreed divorce and a default divorce.
If you and your spouse agree on all divorce-related issues, including the division of property, spousal support, child support, and child custody, you might be able to file for an agreed or uncontested divorce in Texas.
Let’s take a look at everything you need to know to help you determine whether or not this option is available given your particular circumstance.
The term “uncontested divorce” can refer issue either an agreed divorce or a default divorce. In most instances, you will find that the term is used synonymously with the term agreed divorce. However, it is important to understand that an uncontested divorce can refer to either of these types of divorce to ensure that you are not receiving the incorrect information regarding your particular situation.
In relation to an uncontested divorce being understood as an agreed divorce, both parties agree on all of the terms of the divorce. In these cases, both spouses are willing to sign an agreement stating that they are willing to skip the trial process that typically occurs before a judge. If you are able to file for an agreed divorce in this manner, it can mean that your divorce can be more affordable and faster than going the traditional route.
Are you wondering how much it costs to get divorced in Texas? Take a look at this article to learn everything you need to know about the price of divorce in Texas.
In relation to the term meaning the divorce is granted by default, this means that the Respondent never filed an answer and the divorce was, therefore, granted to the Petitioner without the involvement of the Respondent.
It might seem like using the same term for these different outcomes in a divorce would create confusion. In reality, though, both agreed divorces and default divorces are technically uncontested. In the case of agreed divorces, you both agree on the terms and therefore don’t contest the divorce. In the case of default divorces, the Respondent does not respond and therefore doesn’t contest the divorce.
If you want to get an uncontested divorce because you and your spouse agree on all of the terms, there are some criteria you will need to meet. These include:
If there has been a final order issued by the court in regards to child custody and support, you can request an agreed divorce if you meet the following criteria:
You cannot get an uncontested divorce if you are filing for divorce on fault-based grounds. Instead, you will need to file using one of the two no-fault reasons for divorce under Texas law. These are insupportability or living apart.
You will need to file for a traditional divorce if you don’t meet the above criteria.
The terms “uncontested divorce” and “agreed divorce” are often used synonymously in Texas. In many instances, you will find that these phrases are used completely interchangeably. When this occurs, both phrases refer to the fact that the divorce occurred with both spouses agreeing on all of the divorce-related issues and are willing to sign an agreement in order to skip the trial process that occurs before a judge.
In the case of contested divorces, it's important to understand that people can be driven to extremes in stressful situations. If your spouse doesn't want to get divorced, for example, you may see a side of them you've never seen before when it comes to their attempts to sabotage the process at every turn. It's a good idea to be aware of some of the most common sneaky divorce tactics to help you know what to watch out for.
You will sometimes find the term “uncontested divorce” used in relation to a default divorce. A default divorce is when the Respondent fails to respond to the divorce petition. In these cases, the divorce can move forward without the input of the spouse that failed to respond.
In an agreed or uncontested divorce, both parties are able to come to an agreement on all of the terms of the divorce and can therefore go through a much simpler divorce process. A contested divorce, on the other hand, is when the spouses aren’t able to agree on one or more of the significant issues involved in a divorce.
For example, if spouses can't decide on how they are going to divide their property or whether one spouse should receive alimony from the other, they can’t proceed with the simpler uncontested divorce process. Instead, they will have to go through a traditional divorce where a judge will hold a trial and decide on the contested issues for the spouses.
However, contested divorces don’t necessarily have to go to court, either. If spouses are able to come to an agreement through mediation or other methods before it’s time to go to trial, they can avoid the outcome where a judge is making decisions for them.
No matter what type of divorce you are planning on filing for, in order to get a divorce in Texas you will need to meet the residency requirements of the state. This means that at least one spouse has to have lived in Texas for at least six months before filing the divorce petition. On top of that, you or your spouse will need to have lived in the county where you’re filing for divorce for at least ninety days before filing.
The court where you will file for divorce will be the district court in the county that you live in. If you and your spouse are living in separate counties at the time of filing, the divorce can be filed in either one of the Texas counties.
The first official step of the divorce process is filling out an “Original Petition for Divorce.” You will then need to file this with the county clerk as well as a number of other required forms.
Which forms are required in order for you to start the divorce process will vary depending on which county you’re filing in. If you’re unsure of which forms you’re going to need, it’s a good idea to ask your local court clerk.
There will be a filing fee that you have to pay at the same time that you submit your paperwork. The fees can also vary between counties as each county sets its own fee schedule. To find out how much you will need to pay to file for divorce, you’ll want to contact your local court clerk.
If you’re struggling financially and you’re worried you won’t be able to cover the filing fees, you might not be out of luck. You can choose to submit a fee waiver to the court asking them to waive all of the fees you would normally need to pay.
The next step after filing your divorce petition with the court is serving the papers to your spouse. It’s important to note that this doesn’t mean just walking up to them yourself and handing them over– there are specific rules about who can serve others in a lawsuit as well as how.
However, you can avoid this step in the process if you and your spouse are truly getting an amicable divorce. Instead of being served through a private process server or another authorized individual, your spouse can sign and file a Waiver of Service form.
The spouse who receives the divorce paperwork (known as the Respondent) will need to file an “answer” to the petition by a specific deadline. If they don’t file this response to the petition, the divorce can proceed without their participation in the form of a default divorce.
Once you have filed for a divorce in Texas, there is a sixty-day waiting period required by state law. This means that a judge cannot finalize your divorce until sixty days have passed even in the case of uncontested divorces.
Once your waiting period is over, however, you can have your final hearing set with a judge in order to finalize your divorce. If you have filed all of the documents and paperwork required by the court and your settlement agreement has been approved by the court, the next step is having a judge sign the Final Decree of Divorce.
Your divorce is not final until the final divorce decree is signed by the judge. It’s also worth noting that neither spouse can marry someone else until at least thirty-one days have passed since the final, signed documents have been received back from the court.
In order to get an agreed or uncontested divorce in Texas, you don’t have to hire a lawyer. In fact, you aren’t required to get a lawyer regardless of the type of divorce you’re pursuing. That being said, it’s generally only recommended to represent yourself in a divorce case if it is a simple agreed divorce.
It is often recommended that you only try to do a truly DIY divorce if you don't have children and if your finances aren't particularly complicated. Those considerations in addition to the divorce being agreed are often listed as the qualifications that make you a good candidate for a DIY divorce.
It's worth noting that you also might be able to hire a lawyer in an a la carte fashion-- meaning you are only hiring them for specific services. If you feel fairly comfortable going through the process on your own but you would like to be able to speak with a lawyer occasionally in order to ask questions and have them double-check your documents, this could be a good middle ground.
When you avoid hiring a lawyer, you can save a lot of money during the divorce process. However, sometimes the advice and guidance of an attorney is well worth the cost.
You and your spouse also might choose to work with a mediator in order to come to an agreement on all of the divorce terms in order to be able to file for an agreed divorce.
This article takes a deep dive into how a mediated divorce works in Texas.
In pretty much all cases, you will need to wait at least sixty days before your divorce can be finalized. There are only two exceptions to this waiting period:
What this means is that getting an uncontested divorce will take at least sixty days. However, you shouldn’t expect that you will be able to finalize your divorce on day sixty-one. Depending on the availability of the court, it could take several months to receive an agreed divorce.
The issues that you and your spouse have to work through in order to pursue an uncontested divorce will depend on your particular circumstances. For some couples, agreeing to the terms of the divorce might be quite simple, while others might have a much more complex task ahead of time.
If you and your spouse don’t have children, the main two issues that you’ll need to agree upon have to do with property division and spousal support. If you do have children, you’ll need to agree upon those first two issues plus the issues of legal custody, physical custody, and child support.
When you're getting divorced, you and your spouse will have to try and work out how you will divide your marital property. Texas is a community property state, which means that any property acquired during the marriage is assumed to belong to the two of you jointly. If you end up letting the court decide how your property is divided, it will be split up 50-50 or otherwise in a way that the court deems fair.
Also referred to as alimony, this is when one spouse makes payments to the other after divorce. You might want to set up this type of agreement if there is a big income gap between you and your spouse. In general, Texas law favors alimony payments that have been decided upon through private contracts rather than court ordered alimony.
It is ideal for you and your partner to be able to agree upon child custody rather than having to bring the issue to court. Otherwise, a judge will end up making this decision for you.
You can either agree upon child support in order to get an uncontested divorce or, if the two of you don't agree, pursue a contested divorce. When a noncustodial parent pays child support in Texas, they are required to make payments until the child graduates from high school (if they are enrolled and attend regularly) or once the child turns eighteen.
Are you interested in getting a DIY divorce? If so, check out our complete guide on the topic here.
Considering that you and your spouse agree to all of the divorce terms, you might be wondering why you would have to wait at least sixty days between filing the petition and receiving your final divorce decree.
However, the reason for the waiting period is to make sure that everyone involved has time to feel certain about the decision they are making. Even if there wasn’t a big blow-up fight that led to the decision to get divorced and you have both kept a level head through the whole decision-making process, the state of Texas requires that you go through a “cooling off” period.
The waiting period can feel particularly frustrating when you’re getting an agreed divorce. Even though you and your spouse are able to stay amicable during the process, it’s natural to want to be able to get the divorce over with so you can move on with your life.
That being said, getting divorced is a huge decision and there’s nothing wrong with taking some time to make sure you are both comfortable with that outcome. In some instances, the waiting period can actually give spouses the space and time they need to realize that they are willing to try and make the marriage work after all.
You certainly won’t be able to get an agreed divorce if your spouse doesn’t want to get divorced, but, depending on whether or not your spouse responds to the divorce paperwork, you might be able to get a default divorce which is technically an uncontested divorce.
Your spouse can’t stop you from filing from divorce. Only one spouse has to believe that a relationship isn’t salvageable in order for a judge to grant a divorce.
A common law marriage (also known as an informal marriage) is when two people meet a specific set of requirements, which are:
A common myth is that you are automatically common law married if you live together for a certain number of years. This is not the case.
If you want to end a common law marriage, you could choose to simply both go your separate ways without ever obtaining a divorce. However, this is only possible if no documentation was ever created regarding your common law marriage. Additionally, this can create problems down the road similar to those that can arise when couples separate rather than get divorced in other states.
If the two of you filed a declaration of informal marriage, however, or a court decided that a common law marriage exists, then you will need to get a divorce in order to dissolve the marriage.
In many instances, couples don't bother to prove that a marriage existed until they decide to get divorced. The reason for doing this is so that they can have their property and debts divided in the same way they would be if they had gotten formally married, or, similarly, for reasons of child custody or support.
If you can prove that you and your partner agreed to be married and a marriage existed, you can file for an uncontested divorce in Texas. It’s worth noting, however, that you only have two years to file for a divorce in the case of a common-law marriage after the two of you have separated. If you wait longer than two years to start dissolving the marriage, the law assumes that no marriage existed.
So long as your marriage is valid in the place where you got married and you meet the residency requirements, you can get an uncontested divorce (or any other type of divorce, for that matter) in the state of Texas.
In the state of Texas, there is no legal separation. However, there are some other options that can provide similar outcomes to the process of legal separation. These include protective orders, temporary orders, separation agreements, or suits affecting the parent-child relationship.
Same-sex marriage is treated exactly the same as marriage between a man and a woman in the state of Texas. If you’re married to someone of the same sex and you want to get divorced, you will follow the same process as any other married couple in the state of Texas.
If you are filing for an agreed and therefore uncontested divorce in Texas, you’ll be glad to know that you are getting divorced in the easiest way possible in the Lone Star State. While it will likely still be stressful and perhaps a longer process than you would like, you won’t have to deal with many of the most difficult parts of the process by avoiding mediation, trial, and a judge making decisions about your personal life for you.
When you decide that you’re getting a divorce, it’s natural to have a lot of questions and concerns. That’s why we’ve created an ever-growing library of articles to help the good people of Texas answer all of their questions about divorce, marriage, annulments, and more.
Are you looking for more resources about divorce in Texas? Be sure to check out TexasDivorceLaws.org.
