Should You File for Divorce Online in Texas? - The Larson Law Office (2023)

FAQs

Is Texas divorce online legitimate? ›

An online divorce in Texas is a legally binding dissolution of a marriage. The result is the same as if you had gone to court in person. For folks who can't afford (or don't want to hire) an attorney for divorce in Texas, many new online services provide a do-it-yourself method.

Generally, if either spouse has lived in the where you intend to file, you can use Texas Online Divorce. Texas Online Divorce cannot resolve contested cases. If you cannot come to an agreement you should first try mediation. If that does not work and you need to have a court hearing, you should contact an attorney.

You may file in the District Court of the county where one party has resided for at least 90 days. The simplest procedure is an uncontested divorce where you and your spouse can reach an agreement about all issues. You begin by filing an Original Petition for Divorce, along with various supporting documents.

The divorce can be filed in the district court county where either party has lived for the last 90 days, as long as they have also lived in Texas for at least the last 6 months.

The good news about an uncontested divorce is it streamlines the entire process. While there is no way to get around the 60-day waiting period in most cases, many uncontested divorces can finalize soon after that. An uncontested divorce averages around 60 to 90 days, depending upon the availability of the court.

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In Texas, it's possible to get a divorce without going to court – or by just appearing one time for a final “prove-up” hearing. To achieve this outcome, the divorce has to be uncontested, amicable, and both parties should be represented by attorneys.

Theoretically, the least amount of time it can take to get divorced in Texas is 61 days. However, even an uncontested divorce typically takes about three to four months to finalize due to the court's docket and the schedules of all the parties involved. What Is an Uncontested Divorce?

Personal records – Some of the documents you'll need include your marriage certificate, birth certificates and social security cards for both spouses and any children, other divorce papers from prior marriages, and any legal agreements you have with your spouse (e.g., prenuptial agreement, separation agreement).

In Texas, one spouse refusing to sign divorce papers does not completely stop a divorce from proceeding. If one spouse is seeking a divorce, they can still achieve it whether or not the other spouse cooperates and signs the papers.

How much does a divorce cost in Texas? ›

It really depends on how many "contested" issues you have in your case. In other words, the more you and your spouse disagree, the more it's going to cost. The average cost of a divorce in Texas is $15,600 if there are no kids involved and $23,500 if there are kids involved.

Uncontested or agreed divorces are the quickest way to divorce a spouse. Various alternative dispute resolutions to speed up a divorce in Texas include arbitration, mediation with a private judge, or using a mediation attorney for divorce processes.

Filing the petition

One of the parties must first file a petition with the court called the “Original Petition for Divorce” (along with paying the requisite court fee). This petition essentially starts the divorce process.

Mediation is often touted as the key to a cheap divorce in Texas – because expensive family law attorneys aren't part of the process. During divorce mediation, the couple can discuss their parenting plan and how to divide assets – especially those with sentimental value –and other issues.

When you file your divorce paperwork, with or without an attorney, you need to pay a filing fee. However, a person can apply for low-income status, allowing them to file for an indigent divorce so the filing fee can be waived. Texas has set up a system where it is possible to get that fee waived.

Uncontested means the parties to the divorce came to an agreement on what they want to happen. In some cases, you can obtain an uncontested divorce in Texas without a lawyer. Texas is a no-fault divorce state. That means that a court can grant your divorce without assigning “fault” to either party.

How long will my divorce take? In almost all cases, you must wait at least 60 days before you can finish your divorce. There are only two exceptions to the 60-day waiting period. Both exceptions involve family violence.

Once you file your divorce petition, you must wait at least 60 days before the court will divorce you. The Texas waiting period for divorce means that the soonest you can get a divorce is 61 days after you file. In practice, many people need to wait more than 61 days, even if they are having an uncontested divorce.

In a pro se divorce, you can download Texas divorce forms online or get them from the District Clerk's office, complete them on your own, and have an attorney review them before filing them. This allows for a DIY divorce in that you do not need to retain an attorney to represent you in court.

In Texas, it generally does not matter which party files first. However, it may still be beneficial to be the filing party. This depends on your circumstances, and every case is different. If you have any questions, you should speak with your divorce attorney about what is best for you.

Does it matter in Texas who files for divorce? ›

Legally, it doesn't matter who files for divorce first in Texas, but there may be some advantages to one spouse striking first.

Likewise, you cannot stop a divorce by refusing to sign the papers. In Texas, refusing to sign divorce papers will not stop a final divorce decree. If one party is seeking a legal divorce they will get it whether the other party signs divorce papers or not.

Can you dismiss a divorce case in Texas? Absolutely, as long as both spouses agree and the divorce hasn't been finalized. From time to time, couples have a change of heart during divorce proceedings.

The hearing allows the judge to review each spouse's requests. The judge will then sign the divorce decree to make the divorce final. Unless there was family violence, the judge can't finalize a divorce at the hearing until 60 days after the petition for divorce was filed.

While in general there is no law in Texas preventing a person from doing so, it is not a smart idea to date anyone while your divorce is pending before a court. While it may seem harmless, the effects can be long-lasting and extremely detrimental to your case.

In Texas, there is a 30-day waiting period after a divorce before the parties that are divorced can marry a new person. You can get married to a new person on the 31st day.

If the marriage lasted at least 10 years, a court may order spousal maintenance to a spouse who does not have sufficient property or earning ability to provide for their own minimum reasonable needs. Tex. Fam. Code Ann.

Is Texas a no fault state for divorce? Yes, Texas is a “no-fault” state. That means, if you want to get a divorce in the state of Texas, you can file on the grounds of insupportability. The spouse doesn't need to prove the other spouse did anything wrong to file for a divorce.

Texas is not a 50/50 community property state. The Texas Family Code requires a just and right division of community property. Judges may divide 55/45 or 60/40 if they see bad behavior on one side, or if there are fault grounds (adultery, cruelty, etc.), or if there is disparity in earning capabilities.

The answer is that women's rights in a divorce in Texas are the same as men's rights. Whether it be an award of spousal support or the just division of marital assets (called community property), both parties are subject to the same rules and considerations imposed by Texas courts.

How does adultery affect divorce in Texas? ›

Adultery and divorce: Can infidelity affect divorce settlements in Texas? Yes. If you are able to convince a judge that your spouse's cheating is the ground on which your divorce should be based, you could be awarded a greater share of the marital property.

The decision about who pays divorce attorney fees is made by the family law judge on a case-by-case basis. In some divorce cases, each party pays their own attorneys. In other cases, one spouse will be ordered to pay all or part of their ex's attorney fees.

In order to be eligible, the spouse seeking maintenance must lack sufficient property once the divorce is final (including separate property) to provide for her minimum reasonable needs.

This method could take between 5-14 days as an estimate due to the steps that must be taken before the process server or sheriff even comes into possession of the documents to serve.

An online divorce in Texas is a legally binding dissolution of a marriage. The result is the same as if you had gone to court in person. For folks who can't afford (or don't want to hire) an attorney for divorce in Texas, many new online services provide a do-it-yourself method.

In Texas, it's possible to get a divorce without going to court – or by just appearing one time for a final “prove-up” hearing. To achieve this outcome, the divorce has to be uncontested, amicable, and both parties should be represented by attorneys.

You must first fill out and file an affidavit of indigency form. When you file, the district clerk will set a hearing date. At the hearing, you present your financial situation to a judge and ask them to waive filing fees.

In most cases, Texas law requires the personal service of divorce papers. However, if you do your due diligence and still cannot find your spouse, the court will allow substitute service by either publication or posting. The former consists of publishing notice of your divorce in a local newspaper.

How long does it take to get a divorce in Texas if both parties agree? ›

Texas requires a 60-day “cooling off” period once a petition for divorce has been filed. Once the 60-day period has passed, a divorce order may be entered. Therefore, if the parties have come to a full agreement, they could be divorced in as little as two months. Typically, even uncontested cases take 90 to 120 days.

So, can a judge deny a divorce in Texas? The answer is usually no. While it is infrequent for a judge to refuse to grant a divorce outright, there are several ways that the process can be delayed or complicated if an experienced divorce lawyer does not represent you.

The Hearing

The judge will then sign the divorce decree to make the divorce final. Unless there was family violence, the judge can't finalize a divorce at the hearing until 60 days after the petition for divorce was filed. Keep that in mind when "setting," or scheduling, your hearing.

No there is no legal requirement that you hire a lawyer for your divorce in Texas. Five reasons that a person should consider hiring a divorce lawyer include: Expert advice.

Finalizing A Divorce by Publication

With court approval, a petitioning spouse must then have a notice printed in a local newspaper or other approved publication that states the intent to terminate the marriage. An agent of the publication sends in a Return of Citation as proof the notice was published.