{"id":2043,"date":"2021-10-23T09:16:49","date_gmt":"2021-10-23T13:16:49","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=2043"},"modified":"2022-07-28T09:58:43","modified_gmt":"2022-07-28T14:58:43","slug":"divorce-in-texas","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-texas\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in Texas"},"content":{"rendered":"\n

What We Cover In This Article<\/strong><\/p>\n

Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n

Getting a divorce is sometimes inevitable, especially if a couple has grown apart past the point of return. Those who\u2019ve had a divorce will tell you that it\u2019s an energy-sapping, emotionally draining, and confusing process.<\/p>\n\n\n\n

If you\u2019re getting a divorce in Texas, the complexity of the state\u2019s divorce laws will only add to your frustration and emotional turmoil.<\/p>\n\n\n\n

In this in-depth guide, we\u2019ll highlight everything you need to know about getting divorced in Texas, the state\u2019s divorce laws, and the types of divorce a couple can undergo. We\u2019ll also highlight the significance of hiring a divorce lawyer and the key considerations that come into play as far as alimony and child support are concerned.<\/p>\n\n\n\n

Types of Divorce Laws in Texas<\/h2>\n\n\n\n

In Texas, the legal requirements of marriage and divorce are stated in the Texas Family Code<\/a>, Sections 6.001 and 7.001.<\/p>\n\n\n\n

If your union faces a dissolution, it\u2019s best to understand these laws and how they\u2019ll affect you. This will enable you to make more informed decisions regarding the divorce process and even your future.<\/p>\n\n\n\n

Divorce in Texas isn\u2019t subjective in the sense that each case gets reviewed individually. The dissolution of marriages is often done at the state level. The legal requirements for divorce in Texas also include establishing a permanent home in the state for not less than six months, among other regulations.<\/p>\n\n\n\n

There are two main types of divorce in Texas (contested and uncontested). Each of these types of divorce is named after the primary method that you and your estranged partner will use to negotiate the dissolution of your union. Here\u2019s a look at these types of divorce:<\/p>\n\n\n\n

Uncontested Divorce in Texas<\/h3>\n\n\n\n

Contrary to what you may think, not all marriage dissolutions involve fighting between the parties and costly legal expenses. In Texas, couples who still communicate amicably and agree on the terms of their separation can opt for an uncontested divorce.<\/p>\n\n\n\n

In this type of divorce, both spouses must agree to dissolve their union. Besides, they must agree to ALL the terms of their divorce. The agreement should be reached amicably without any disagreement.<\/p>\n\n\n\n

In an uncontested divorce, the spouses can draw up the regular documents on their own or with professional help, before submitting them to a Texas court for approval.<\/p>\n\n\n\n

This divorce type can only be uncontested if both parties agree on all the dissolution-related issues. After which, they must sign an agreement to skip the trial before a judge.<\/p>\n\n\n\n

An uncontested divorce is often an appealing option to couples without children and those with limited assets to share. Besides being less expensive, it\u2019s also less time-consuming.<\/p>\n\n\n\n

Nonetheless, you can still leverage the \u201cagreed divorce\u201d process in Texas if both parties agree on all divorce-related matters, including child support and custody. There shouldn\u2019t be existing court orders relating to child support and custody.<\/p>\n\n\n\n

If a Texas court has already issued an order regarding child support and child custody, you\u2019ll only be allowed to request an agreed divorce if the court order includes all the kids you have with your spouse.<\/p>\n\n\n\n

The court order shouldn\u2019t be protective or temporary, and neither party should wish to change the order.<\/p>\n\n\n\n

The Uncontested Divorce Process<\/h4>\n\n\n\n

Whether you want your divorce to be uncontested or contested, either spouse should meet Texas\u2019s residency requirements, discussed later in this article. That said, here\u2019s the uncontested divorce process in Texas:<\/p>\n\n\n\n

Prepare the Necessary Paperwork<\/h5>\n\n\n\n

To get started on the uncontested divorce process, both you and your spouse need to fill out the \u201cOriginal Petition for Divorce.\u201d The document should then be filed alongside other relevant forms with the court clerk at a district court in your county of residence.<\/p>\n\n\n\n

The necessary paperwork for the dissolution of marriages in Texas varies from one county to another. Thus, it\u2019s best to confirm the requirements and necessary additional forms in your county with the local court clerk. When you file the paperwork, you\u2019ll be required to pay a filing fee.<\/p>\n\n\n\n

Typically, each county in Texas sets its fee schedule when it comes to divorce. So, you may want to confirm the fee with your local court clerk. The upside of getting a divorce in Texas is that if you can\u2019t afford the filing fee, you can apply for a fee waiver. <\/a>If your request gets accepted, all court fees relating to your case will get waived.<\/p>\n\n\n\n

Give the Paperwork to Your Partner<\/h5>\n\n\n\n

After the Petition for Divorce gets filed with the court clerk, you\u2019re required to deliver it to your partner. They should file an \u201canswer\u201d to the divorce petition within the shortest period. Failure to do so might see the court entering a \u201cdefault,\u201d which means that the divorce proceedings can continue without your partner\u2019s participation.<\/p>\n\n\n\n

However, this is rarely the case in an uncontested divorce because the divorce parties often agree on everything before the proceedings start.<\/p>\n\n\n\n

Completing the Divorce<\/h5>\n\n\n\n

There\u2019s a 60-day waiting period<\/a> in Texas for a divorce to be complete. Even in an uncontested divorce, 61 days must pass before a judge dissolves your union. After the waiting period elapses, the clerk is required to set a date for a final court hearing with the judge to finalize the divorce.<\/p>\n\n\n\n

If you filed all the required paperwork and the settlement agreement is approved, the judge will append their signature to the Final Decree of Divorce.<\/p>\n\n\n\n

Your divorce will only get finalized after the judge signs the divorce decree. This may or might not be on the court hearing date. Also, the Texas family and divorce bars divorced spouses from remarrying third parties until 31 days elapse after receiving the decree.<\/p>\n\n\n\n

Pros & Cons<\/h4>\n\n\n
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Pros<\/div>
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