{"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 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 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 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 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 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 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 If you qualify for an uncontested divorce, using an online divorce service is a great way to save a lot of money. Keep in mind in Texas, divorce can cost over $15,000 <\/span>in fees if you file for divorce with an attorney.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p> A contested divorce involves the spouses disagreeing on crucial matters relating to their separation. Often, this involves a contentious process overseen by a judge. Whenever \u201cdivorce\u201d is mentioned, the first thing that comes to mind is contested divorces. Since a contested process is long, it can even drag on for years, and it\u2019s also expensive.<\/p>\n\n\n\n If you decide to have a contested divorce in Texas, you must remember that the judge, rather than you and your spouse, has the final say.<\/p>\n\n\n\n This may include decisions relating to:<\/p>\n\n\n\n In a contested divorce, each spouse needs a lawyer to represent their interests throughout the process. So, unless you and your spouse resolve all issues relating to the divorce, the process will be considered \u201ccontested.\u201d<\/p>\n\n\n\n Since the judge has the final say, both parties may end up dissatisfied with the final result. Thus, uncontested divorce is often the ideal route to take.<\/p>\n\n\n\n Although the contested divorce process is far from ideal, it\u2019s sometimes the only option in cases where one spouse is:<\/p>\n\n\n\n The contested divorce process is also the final recourse for those who\u2019ve tried an uncontested divorce but have failed to reach the required agreements or compromises for success.<\/p>\n\n\n\n These are the high-level steps you need to take during a contested divorce:<\/p>\n\n\n\n Just like it\u2019s the case with an uncontested divorce, the first step in the contested divorce process is filing the divorce petition. You must specify your reasons for seeking the divorce<\/a>, the relief, and temporary orders you may need from the court.<\/p>\n\n\n\n After the court clerk receives your petition and all the necessary documents, they will be submitted to the judge for signing (if you requested a restraining order). Afterwards, the papers that need to be sent to your spouse will be prepared.<\/p>\n\n\n\n The citation informs your spouse about the details of your suit. It also explains what\u2019s expected of them when filing a response.<\/p>\n\n\n\n Another crucial document that should accompany the divorce petition is the precept. This is a legal notice issued by the court if a hearing is set and the judge orders the spouses to appear in court on a specific date.<\/p>\n\n\n\n A constable, process server, or any other law enforcement officer can obtain the divorce documents from the court to serve your spouse at whatever location you prefer. Once your partner receives the petition, they have until 10.00 am on the first Monday after the expiry of twenty days to file a response to the petition.<\/p>\n\n\n\n Typically, the response includes a denial of the allegations highlighted in the divorce petition.<\/p>\n\n\n\n If your spouse has independent claims to make against you, they may do so in a counter-petition. When getting a divorce in Texas and it\u2019s contested, both spouses may need to hire divorce lawyers.<\/p>\n\n\n\n Hiring lawyers is advisable because these are professionals who help to remove emotional aspects from decision-making. Lawyers also help the spouses to make objective and more informed decisions regarding their lives and those of their children.<\/p>\n\n\n\n In a contested divorce, temporary orders hearings are part of the initial proceedings. During these mini-hearings evidence gets presented, witnesses may also be asked to testify. The judge will then rule on issues such as child support and child custody during the divorce proceedings.<\/p>\n\n\n\n Temporary orders are meant to help maintain the status quo for the spouses and their children. The orders ensure that bills continue to get paid and that the children can see and spend time with their parents while other issues of immediate significance are dealt with in court.<\/p>\n\n\n\n Preparation for these hearings is crucial to both parties because this is where the attorneys anticipate the weaknesses and strengths of the opposing parties.<\/p>\n\n\n\n Although there\u2019s never an agreement in a contested divorce, there\u2019s still an element of negotiation and compromise. Often, this ends during the mediation process. Whereby the spouses pick an independent attorney with no relation to either side to help them settle all the outstanding issues related to their case.<\/p>\n\n\n\n Mediation is also meant to help both sides to see their weaknesses and strengths heading into a trial. The desired outcome is that both spouses see the benefit of not having a judge making the final say.<\/p>\n\n\n\n Mediation highlights the significance of both spouses engaging with the other party to reach a suitable settlement. Indeed, this is better than having to contend with a court-mandated order.<\/p>\n\n\n\n This is the final stage of the contested divorce process if a settlement hasn\u2019t occurred. A trial is the culmination of months or even years of divorce proceedings. As with other court trials, evidence is presented and arguments are made before the court issues a decision.<\/p>\n\n\n\n Most contested divorce cases get settled at the mediation stage. Therefore, if yours makes it to the trial stage, it\u2019s among the few that fail to agree at some earlier stage.<\/p>\n\n\n\n Regardless of the differences you have with your spouse, it\u2019s always a good idea to settle your contested divorce case before the trial stage. When it gets to trial, the judge may rule based on circumstantial or poorly presented evidence. Also, experienced representation goes a long way in ensuring the success of your case.<\/p>\n\n\n\n Regardless of the type of divorce you and your spouse intend to have, it\u2019s mandatory to ensure that you meet Texas residency requirements for divorcing spouses. You must also ensure that the court where you file the divorce petition has jurisdiction to decide the case.<\/p>\n\n\n\n The residency requirements for divorcing in the state are stated under the Texas Family Code (6.302).<\/a><\/p>\n\n\n\n According to the Texas Family Code, you must have lived for at least 90 days in the county where you\u2019re filling the divorce. In addition, you must live in Texas for more than six months before filing the paperwork to dissolve your marriage.<\/p>\n\n\n\n Texas statutes address situations in which either you or your spouse may be absent from the state in the months preceding the divorce.<\/p>\n\n\n\n You\u2019re allowed to file your divorce paperwork in Texas even if you haven\u2019t lived in the state for six months before the filing date. This mostly applies to those who've been absent while serving in the military on behalf of the state or the United States.<\/p>\n\n\n\n Likewise, you may still file the divorce paperwork in Texas without living in the state for six months if your spouse served in the military and you accompanied them. The time you or your partner have spent in military or public service outside Texas counts as residence in the state if you have a permanent home there.<\/p>\n\n\n\n Typically, divorce starts with a separation whereby couples stop living together. If you and your spouse separate and you relocate to another state and leave the spouse behind, you\u2019re still allowed to file the divorce petition in the Texas county where your spouse resides.<\/p>\n\n\n\n However, your paperwork will only get accepted if the spouse has lived in Texas for more than six months.<\/p>\n\n\n\n Nevertheless, there are certain exceptions to this rule.<\/p>\n\n\n\n When it comes to divorce, Texas is a no-fault state. As a result, the petitioner doesn\u2019t need to prove their claim in court for the divorce to be granted.<\/p>\n\n\n\n Petitions for no-fault marriage dissolutions often list \u201cinsupportability\u201d as the primary cause. The Texas family law defines insupportability as a marriage that can't be supported because of a conflict or discord of personalities that destroys its legitimate ends besides preventing any reasonable reconciliation.<\/p>\n\n\n\n When divorcing in Texas, it\u2019s best to remember that no-fault divorce isn\u2019t the only option at your disposal. You\u2019re also allowed to file a fault-based divorce in the state. If that\u2019s the case, you\u2019ll need to cite the reasons for the union\u2019s breakdown in the divorce petition.<\/p>\n\n\n\n Whether you\u2019re filing for a no-fault or fault-based divorce, it\u2019s best to work with a lawyer. No-fault divorce filings are common in Texas because they are more straightforward. If you file a fault-based divorce petition, you must prove the claims listed in the divorce paperwork.<\/p>\n\n\n\n If your partner\u2019s actions caused the marriage to break down, you can file a fault-based divorce. Common grounds for fault-based divorce in Texas include abandonment, cruelty, confinement in a mental institution, felony conviction, adultery, cruelty and imprisonment of your spouse.<\/p>\n\n\n\n The issue of adultery in Texas is somewhat contentious.<\/p>\n\n\n\n Unlike in states like New York, where adultery is expressly illegal if one of the parties is married to someone else, adultery isn\u2019t illegal in Texas. The state\u2019s law defines it as a voluntary relationship between your spouse and someone else.<\/p>\n\n\n\n So, if you cite adultery as a ground in your divorce case, you must prove that it caused your marriage to break down. A couple can also file a fault-based divorce petition in Texas if they\u2019ve lived separately for more than three years without any instances of cohabitation during the period.<\/p>\n\n\n\n If you file a no-fault divorce petition, you won\u2019t need to prove that your spouse is at fault for your union\u2019s breakdown. Thus, the marriage is bound to end anyway because your partner isn't allowed to contest your claim.<\/p>\n\n\n\n However, the same cannot be said of a fault-based divorce filing. The accused spouse can contest your claim, and this could affect the divorce proceedings. Likewise, the errant partner\u2019s actions can ultimately affect the divorce settlement.<\/p>\n\n\n\n For instance, adultery could prompt the court to award a larger share of the couple\u2019s community property to the non-adulterous partner. Likewise, a felony conviction could lead the judge to grant you sole custody of your children.<\/p>\n\n\n\n If you choose to file a no-fault divorce petition, your spouse may agree with your petition that the union has reached the point of being intolerable or insufferable. No further explanation is required when a couple decides to proceed with a no-fault divorce.<\/p>\n\n\n\n Divorce is the most challenging thing anyone can go through. The situation is likely to be even more difficult for you if the divorce is contested and you\u2019re fighting over shared assets and minor children.<\/p>\n\n\n\n Texas divorce attorneys are there to help you at every stage of the process.<\/p>\n\n\n\n So, don\u2019t go through it all alone and end up with an unfair settlement when you can seek help from experts. If you\u2019re thinking about hiring a divorce lawyer but don\u2019t know where to start, here\u2019s what you need to know:<\/p>\n\n\n\n There\u2019s undoubtedly no lack of divorce attorneys in Texas. All lawyers you\u2019ll come across have attended law school, but this alone is no guarantee that you\u2019ll receive top-notch representation in your divorce proceedings.<\/p>\n\n\n\n The area of family law, in particular, requires experience and a proven track record, and here are some of the qualities to look out for when hiring a divorce lawyer:<\/p>\n\n\n\n When it comes to client-attorney relationships, honesty is critical. When divorcing your spouse you\u2019ll undoubtedly be undergoing a lot of strain.<\/p>\n\n\n\n Even so, you should always be honest with your attorney about your situation. Likewise, the attorney should be realistic and open regarding your options.<\/p>\n\n\n\n Remember that some divorce lawyers can take advantage of your situation to promise things they can\u2019t deliver. An excellent attorney is honest and desists from making promises and claims they can\u2019t back up.<\/p>\n\n\n\n It\u2019s best to hire a divorce attorney rather than a generalist. Such lawyers have handled similar cases before and, therefore, know what needs to be done to win yours.<\/p>\n\n\n\n The lawyer you choose should be an eloquent speaker who can articulate issues and explain complex legal jargon to you. You\u2019ll know whether a lawyer is a right fit during the first meeting, so don\u2019t overlook your first impressions.<\/p>\n\n\n\n What good is an attorney even if they are professional and honest but always unavailable? During your divorce proceedings, you\u2019ll want to work with an attorney who\u2019s always available to answer any questions you may have.<\/p>\n\n\n\n Indeed, most attorneys handle multiple cases concurrently, but professional ones always organize their schedules to ensure that they are available to clients when need be.<\/p>\n\n\n\n During the initial consultations with attorneys, don\u2019t shy away from asking about their availability and response times. Also, find out whether their law office has support staff who can provide help whenever the attorney is unavailable. This will save you the trouble of unanswered phone calls and emails.<\/p>\n\n\n\n The outcome of your divorce case depends on how your attorney builds it. In particular, a divorce lawyer\u2019s case-building skills come in handy if the divorce is contested.<\/p>\n\n\n\n They will be of great help during the negotiation and mediation, allocation of assets, and even the trial. For this reason, it\u2019s best to work with an attorney who has several backup plans and an idea of how the case is likely to pan out.<\/p>\n\n\n\n Divorce is physically, emotionally, and financially strenuous. The last thing you want is to work with a lawyer who will take advantage of the situation to overcharge you.<\/p>\n\n\n\n When it comes to lawyers, quality is typically determined by price, but that\u2019s not always the case. So, you need to find a lawyer who charges reasonable rates that you can afford and gives your case personal attention to guarantee value for money.<\/p>\n\n\n\n When you hire a lawyer to handle your divorce proceedings, you\u2019ll undoubtedly not be their only client. Nonetheless, a good attorney is always ready and willing to provide you with all the support and resources you need throughout the process.<\/p>\n\n\n\n The law office should be staffed with experienced support attorneys, legal assistants, and paralegals who will help the lead attorney to prepare adequately for your case and conclude it on time.<\/p>\n\n\n\n When you\u2019re faced with a divorce, it\u2019s hard to know who to turn to for advice and legal representation. Not many people have any prior experience with lawyers, leave alone divorce lawyers.<\/p>\n\n\n\n Even so, you\u2019ll still need to invest your time, effort, and money in a lawyer who\u2019s best suited for your case. So, here\u2019s how to find a good divorce attorney.<\/p>\n\n\n\n Before you even start shopping around for a divorce attorney, consider the alternatives to traditional litigation. For instance, meditation is a faster and cheaper way to get divorced.<\/p>\n\n\n\n A good attorney should understand your unique circumstance, but that can only happen if you know what you want in the first place.<\/p>\n\n\n\n Just like you do when hiring other professionals, it\u2019s also advisable to interview prospective attorneys and research them.<\/p>\n\n\n\n Starting with the initial phone call, find out about their specialization and experience in family law. Don\u2019t forget to ask about the types of clients they represent and their charges.<\/p>\n\n\n\n Most attorneys will try to steer you towards the direction of their expertise and tell you what you want to hear so that they close the deal. If an attorney starts making promises even before they hear the facts regarding your case, that\u2019s a red flag.<\/p>\n\n\n\n Likewise, be wary of lawyers who divulge information about clients whose cases they have handled in the past. The lawyer you appoint should not only treat you with respect but also adhere to professional ethics.<\/p>\n\n\n\n Here are some questions you may want to ask a divorce attorney during the initial consultation to determine whether they are suitable for your case:<\/p>\n\n\n\n Most divorce lawyers in Texas offer a free initial consultation. This enables you to determine whether they are best suited for you. Hence, you should be cautious about dealing with lawyers who will charge you for the initial consultation because they are likely to be outright expensive.<\/p>\n\n\n\n Attorney-client privilege also comes into play in divorce cases. From the initial consultation, the attorney under consideration should guarantee the confidentiality of wherever you tell them. The meeting itself should also be kept confidential.<\/p>\n\n\n\n During a divorce, you\u2019ll have a lot going on in your mind. Hiring an attorney goes a long way in making things pretty easier for you. Here are some pros of hiring a divorce attorney:<\/p>\n\n\n\n Dissolving a marriage in Texas starts with \u201cfiling\u201d a divorce petition at a district court in the county where you or your spouse reside. It\u2019s best to follow all the necessary procedures to ensure that the divorce petition gets accepted by the judge. Here are the steps to take:<\/p>\n\n\n\n Pro Tip:<\/strong> The information below is perfect for you to get an overview of the divorce filing process and also use as a guide if you will be filing for divorce on your own. However, if you are using an attorney, their team will typically be taking care of these steps as part of their proper representation of you as a client.<\/p><\/blockquote>\n\n\n\n As it\u2019s the case elsewhere, the first thing to do when seeking a divorce is gathering the necessary forms and prepare them for submission. If the divorce is uncontested, your spouse should be involved in filling out the forms. In a contested divorce, your attorney will complete the forms. You can download these forms from the Texas State Law Library<\/a>.<\/p>\n\n\n\n If you want assistance with preparing your divorce forms appropriately and instructions on how to file them correctly, using an online divorce service is a great idea to save a lot of money and hassle.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p> After completing the divorce forms, double-check them to ensure the information is accurate before submitting them to the correct courthouse that has jurisdiction over the case. You also need to pay the necessary filing fee or apply for a waiver when filing your divorce petition.<\/p>\n\n\n\n After your divorce paperwork is received, you\u2019ll receive a notification. You should then serve the divorce paperwork to your spouse. However, this isn\u2019t as simple as handing the documents to them because there are steps to follow.<\/p>\n\n\n\n If your spouse receives the papers and isn't averse to the idea of divorce, they will append their signature to the paperwork. The signature indicates that your spouse has accepted the paperwork and will respond to them as required. Often, this is the case in uncontested divorces.<\/p>\n\n\n\n However, if your spouse isn\u2019t willing to append their signature on the divorce papers, you can serve them by mail. In Texas, you also have two other options for serving the divorce papers to your spouse:<\/p>\n\n\n\n The Texas family and divorce law requires full financial disclosures during divorce, especially if one spouse is seeking child support or alimony payments. However, a divorce can only award alimony if:<\/p>\n\n\n\n In Texas, both partners must provide a disclosure of their finances on an affidavit known as the Proposed Support Decision and Information form. The document plays a critical role as far as alimony and child support awards and calculations are involved.<\/p>\n\n\n\n Generally, the forms provide an overview of each spouse\u2019s financial situation. It\u2019s accomplished by completing several questions regarding their expenses, assets, liabilities, and income.<\/p>\n\n\n\n Since the form is a legal document, both parties must disclose their information accurately lest they are found guilty of perjury.<\/p>\n\n\n\n When filling the Proposed Support Decision and Information form, you\u2019re required to list all your income regardless of the source. You\u2019re also required to list your liabilities to allow for qualifying deductions to be made.<\/p>\n\n\n\n Thus, it\u2019s essential to have a divorce attorney by your side when filling the form to determine what needs to be included.<\/p>\n\n\n\n Besides your assets and liabilities, the form may include:<\/p>\n\n\n\n You may also want to disclose all the tangible assets you own, including copyrights, patents, trademarks, and any other form of intellectual property.<\/p>\n\n\n\n In the recent past, there has been a significant rise in the number of spouses who opt for online divorces. In particular, this is an ideal option for spouses who have an uncontested divorce and are looking to dissolve their unions cheaply.<\/p>\n\n\n\n If you choose to take the online route, you can either use a divorce lawyer or one of the multiple online sites to fill out the divorce paperwork. These sites are 100% legitimate and provide you with a cheap, quick, and hassle-free way to get divorced<\/a>.<\/p>\n\n\n\n In Texas, the online divorce process mainly involves uncontested divorces only. In this case, you\u2019ll start the divorce by downloading and filling out the legal forms that detail how shared assets will be divided as well as child support and custody. When filing an online divorce, you should follow these steps:<\/p>\n\n\n\n Although online divorce is generally allowed in the state, not all courts accept online forms. Therefore, you may be required to file the divorce forms in person. Also, you\u2019ll need to pay the necessary filing fees. The court may approve your divorce online without being required to make a court appearance, or you may be called in.<\/p>\n\n\n\n There\u2019s no single answer to this question because each divorce is different. Depending on your circumstances, your divorce may take as little as 61 days or drag on for years. Each divorcing couple faces unique circumstances that determine how long their divorce proceedings will last.<\/p>\n\n\n\n There\u2019s a mandatory 60-day waiting period for divorces in Texas. Hence, the quickest time your marriage can get dissolved is 61 days but this timeframe is highly unlikely to be this short. T<\/p>\n\n\n\n he final step of getting a divorce in Texas is a hearing. During this session, the judge peruses the divorce paperwork and settlement agreement before issuing a divorce decree.<\/p>\n\n\n\n The minimal timeframe for getting divorced in Texas only occurs in cases where the divorce is uncontested. However, most divorces tend to take longer because of issues relating to child custody, asset division, and alimony.<\/p>\n\n\n\n Here\u2019s an overview of the issues that influence the length of a divorce:<\/p>\n\n\n\n If you want your divorce to be concluded within the shortest time possible, agree with your spouse on issues such as asset division and child custody. Contentious divorces tend to drag out. Similarly, if there\u2019s bad blood between the spouses, their divorce is likely to last longer.<\/p>\n\n\n\n When issues such as custody arrangements and child support come into play and the spouses can\u2019t agree on anything, their divorce will take longer since such issues must be negotiated and agreed upon by both parties.<\/p>\n\n\n\n Although Texas is a no-fault state, a divorce can be complicated if one spouse alleges that their partner is at fault. For instance, if there are allegations of domestic violence or adultery, both parties will need time to prove or disprove them. Also, courts tend to take longer to adjudicate such cases.<\/p>\n\n\n\n Most couples accumulate property during their marriage. One of the issues that make uncontested divorces pretty straightforward is that there are never any assets to share.<\/p>\n\n\n\n However, if you and your spouse have a lot of assets to share, it may take a longer time for the divorce to be finalized.<\/p>\n\n\n\n Valuing and dividing marital assets such as real estate, businesses, and retirement benefits take a long time besides requiring professional help.<\/p>\n\n\n\n Divorces are generally expensive, be it in Texas or elsewhere. However, it\u2019s hard to put a general figure relating to the cost of divorces in the state because there\u2019s usually a considerable disparity between how much different divorces cost.<\/p>\n\n\n\n Some of the factors that determine the cost of a divorce in Texas include:<\/p>\n\n\n\n Getting divorced in Texas can cost a few hundred dollars or many thousands of dollars. It all depends on the route that you and your spouse want to take and whether there are issues you\u2019re contesting over.<\/p>\n\n\n\n According to a recent survey<\/a>, a divorce in Texas costs $15,600 if no kids are involved and $23,500 if kids are involved. Here\u2019s a breakdown of the expenses involved in Texas divorces:<\/p>\n\n\n\n When filing the divorce petition, you must pay a filing fee to kick off the process. The filing fee you\u2019ll pay depends on the county where you\u2019re divorcing.<\/p>\n\n\n\n Most counties charge a filing fee of $250 to $320, but there might be additional copy fees and paying process servers. If you can\u2019t afford the filing fee, you can still apply for a waiver.<\/p>\n\n\n\n On average, divorce attorneys in Texas have an hourly charge of between $260 and $320. In most cases, the lawyers collect a retainer at the start of a case before drawing their draw after billing you for their time.<\/p>\n\n\n\n If your divorce is contested, you may need to pay more than one retainer because such cases tend to drag for a while before getting concluded.<\/p>\n\n\n\n Most family and divorce lawyers in Texas also offer payment plans and accept credit cards. If you\u2019re concerned about the high fees your lawyer is charging, you can always ask them to cut down on costs such as document preparations.<\/p>\n\n\n\n Those who cannot afford to hire divorce lawyers for full-scope representation should consider hiring those who offer limited-scope representation. Such lawyers will only provide specific services such as drafting your divorce papers and attending mediation sessions.<\/p>\n\n\n\n When it comes to divorces in Texas, there aren\u2019t any considerable litigation costs besides paying for additional attorney time. Nevertheless, if the case proceeds to trial, you may be forced to incur the cost of hiring expert witnesses and even forensic accountants.<\/p>\n\n\n\n So, the litigation costs vary according to the case under review.<\/p>\n\n\n\n Although mediation isn\u2019t as cheap as opting for an uncontested divorce, it\u2019s a better alternative to a divorce trial. It helps the feuding spouses resolve their differences with the help of a neutral mediator and avoid heading to trial. On average, the cost of mediation in Texas ranges between $4,000 and $8,000 and depends on the number of mediation sessions you\u2019ll attend.<\/p>\n\n\n\n The mediation process takes up to three months to complete. During this time, the spouses and their lawyers attend multiple sessions to try and resolve any outstanding issues between them and reach an amicable settlement. This helps them to avoid the costs and stress related to divorce trials.<\/p>\n\n\n\n More divorcing couples in Texas are opting for online divorce services, and it\u2019s easy to see why. Online divorce is pretty quick, straightforward, and can save you a few thousand dollars. You get to avoid the cost of paying attorneys and mediators, making this a little easier for everyone.<\/p>\n\n\n\n If your marriage dissolution is uncontested, you may end up paying as little as $195 to divorce online. However, it\u2019s best to remember that filing charges and other related expenses are not included in this figure.<\/p>\n\n\n\n If you want assistance with preparing your divorce forms appropriately and instructions on how to file them correctly, using an online divorce service is a great idea to save a lot of money and hassle.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p> Chapter 153 of the Texas Family Code presumes joint custody. However, the best interest of minor children transcends all other considerations. Courts have several options when issuing custody orders.<\/p>\n\n\n\n Although the court has discretion when making decisions relating to child custody, several factors are always considered. These include:<\/p>\n\n\n\n Typically, courts in Texas award visitation rights to the non-custodial parent via a Standard Possession Order.<\/p>\n\n\n\n It gives the non-custodial parent the right to visit the minors on alternating weekends. They are required to exercise their visitation rights on the first, third, and fifth weekends of the month.<\/p>\n\n\n\n If the divorcing parents reside over 100 miles apart, the non-custodial parent\u2019s visitation rights may be reduced to a one-weekend visit per month. There will also be an additional visitation time at some other time in the month.<\/p>\n\n\n\n Both parents also have the right to spend holidays with their kids and may decide to divide the day in half or alternate the years.<\/p>\n\n\n\n During the summer break, a non-custodial parent is allowed a visitation period of at least thirty days. However, if the parents reside over 100 miles apart yet the non-custodial parent only has a weekend visitation every month, the summer visitation period gets extended to 42 days.<\/p>\n\n\n\n In Texas, a non-custodial parent has to support their kids financially. The state has implemented basic guidelines for ensuring fair and equitable child support arrangements.<\/p>\n\n\n\n However, when circumstances warrant it, the judge handling a divorce can deviate from those guidelines and act in the best interest of a child.<\/p>\n\n\n\n In Texas, parents who pay child support are referred to as the obligors. Under the Texas Family Code \u00a7 154.001<\/a>, obligors\u2019 child support payments depend on these factors:<\/p>\n\n\n\n This is the most crucial determinant in the child support payments you\u2019ll make as an obligor. The higher your income, the more child support payment you\u2019ll need to make, up to a maximum monthly limit.<\/p>\n\n\n\n The state\u2019s child support guidelines stipulate that parents with one child owe 20% of their net monthly income in child support. Furthermore, the income that each parent can earn based on their work experience and level of education influences the amount they\u2019ll end up paying.<\/p>\n\n\n\n Texas courts always consider the number of kids that one spouse needs to care for. For this reason, the percentage of net income you\u2019ll need to pay to the custodial parent will increase if there are more kids to support. For instance, if you have four children, 35% of your net monthly income will go towards supporting them.<\/p>\n\n\n\n Divorce decrees in Texas stipulate a parenting plan whenever kids are involved. In most cases, non-custodial parents who spend more time with their kids pay less child support.<\/p>\n\n\n\n Courts always consider most expenses of raising kids separately before determining how much money each parent will pay. For instance, parents are required to contribute to their kids\u2019 health insurance equally.<\/p>\n\n\n\n However, if they have kids with special medical needs, the obligor may be required to incur a share of those expenses.<\/p>\n\n\n\n Judges in Texas also consider other factors when determining the child support payments that obligors need to make. They do this to ensure that an equitable and fair child support plan is crafted.<\/p>\n\n\n\n For instance, if either of the parents has no monthly income but has considerable assets and financial resources at their disposal, they may be required to pay more than what the state\u2019s standardized guidelines stipulate.<\/p>\n\n\n\n Alimony payments are an ever-present factor in divorces. Either of the divorcing partners can seek alimony to enable them to maintain the standard of living they had during the marriage.<\/p>\n\n\n\n The Texas law only allows post-divorce spousal maintenance if certain conditions are met.<\/p>\n\n\n\n Generally, courts order spousal maintenance if the partner seeking alimony doesn\u2019t have enough property or income to cover their basic needs. Besides, at least one of these circumstances should exist:<\/p>\n\n\n\n Whenever an alimony-related case is presented at a Texas courthouse, the first presumption is that spousal maintenance isn\u2019t appropriate.<\/p>\n\n\n\n Nevertheless, if the requesting spouse demonstrates they have made an effort to earn an income and become financially independent during the divorce but still need support, the court will proceed with an alimony evaluation.<\/p>\n\n\n\n The law also requires judges to adhere to strict guidelines when determining the duration of alimony and maintenance awards. For instance, if a judge orders a spouse to pay alimony to a partner suffering a mental or physical disability, the support can continue for as long as the said condition exists.<\/p>\n\n\n\n However, regular court-ordered review orders of the maintenance order can be held at any time.<\/p>\n\n\n\nTypes of Divorce Laws in Texas<\/h2>\n\n\n\n
Uncontested Divorce in Texas<\/h3>\n\n\n\n
The Uncontested Divorce Process<\/h4>\n\n\n\n
Prepare the Necessary Paperwork<\/h5>\n\n\n\n
Give the Paperwork to Your Partner<\/h5>\n\n\n\n
Completing the Divorce<\/h5>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
\n
\n
<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\tContested Divorce in Texas<\/h3>\n\n\n\n
The Contested Divorce Process<\/h4>\n\n\n\n
1. File the Petition for Divorce<\/h5>\n\n\n\n
2. Serving The Divorce Petition<\/h5>\n\n\n\n
3. Temporary Orders in a Contested Divorce<\/h5>\n\n\n\n
4. Negotiation<\/h5>\n\n\n\n
5. Trial<\/h5>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
\n
\n
Texas Residency Requirements for Divorcing Spouses<\/h2>\n\n\n\n
Absence Due to Public Service<\/h3>\n\n\n\n
Are Out-of-State Divorce Filings Allowed?<\/h3>\n\n\n\n
Grounds for Divorce in Texas<\/h2>\n\n\n\n
No-Fault vs. Fault-Based Divorce in Texas<\/h3>\n\n\n\n
The Legal Ramifications of Fault-Based and No-Fault Divorce Filings<\/h3>\n\n\n\n
Filing a No-Fault Divorce<\/h3>\n\n\n\n
Using a Texas Divorce Attorney<\/h2>\n\n\n\n
What Makes a Good Divorce Attorney?<\/h3>\n\n\n\n
Honesty<\/h4>\n\n\n\n
Expertise<\/h4>\n\n\n\n
Availability<\/h4>\n\n\n\n
Case-Building Skills<\/h4>\n\n\n\n
Affordability<\/h4>\n\n\n\n
Support and Resources<\/h4>\n\n\n\n
How to Find a Good Divorce Attorney<\/h3>\n\n\n\n
Know What You Want<\/h4>\n\n\n\n
Interview and Research Prospective Attorneys<\/h4>\n\n\n\n
Watch Out for Red Flags<\/h4>\n\n\n\n
Interview Questions for Divorce Attorneys<\/h3>\n\n\n\n
Is the Initial Consultation Free?<\/h3>\n\n\n\n
Is the Meeting Confidential?<\/h3>\n\n\n\n
Pros of Using a Divorce Attorney<\/h3>\n\n\n\n
Cons of Hiring a Divorce Attorney<\/h3>\n\n\n\n
Filing for Divorce in Texas<\/h2>\n\n\n\n
Prepare Your Divorce Forms<\/h3>\n\n\n\n
<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\tFiling Your Divorce Forms<\/h3>\n\n\n\n
Serving your Partner<\/h3>\n\n\n\n
Financial Disclosures in Texas Divorces<\/h3>\n\n\n\n
How Do Spouses Disclose Their Financial Information?<\/h4>\n\n\n\n
What Information Should Be Disclosed?<\/h4>\n\n\n\n
Online Divorce in Texas<\/h2>\n\n\n\n
How to Qualify for an Online Divorce in Texas<\/h3>\n\n\n\n
Do You Still Need to Go to Court?<\/h3>\n\n\n\n
How Long Does it Take to Get Divorced in Texas?<\/h2>\n\n\n\n
Is The Divorce Contested?<\/h3>\n\n\n\n
The Complexity of the Divorce<\/h3>\n\n\n\n
The Assets That Need to be Shared<\/h3>\n\n\n\n
Divorce Costs in Texas<\/h2>\n\n\n\n
Court Fees<\/h3>\n\n\n\n
Attorney Fees<\/h3>\n\n\n\n
Litigation Costs<\/h3>\n\n\n\n
Mediation<\/h3>\n\n\n\n
Online Divorce Service<\/h3>\n\n\n\n
<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\tCustody Considerations in Texas<\/h2>\n\n\n\n
Visitation<\/h3>\n\n\n\n
Child Support Considerations in Texas<\/h2>\n\n\n\n
Factors Used to Determine Child Support Payments<\/h3>\n\n\n\n
Financial Resources<\/h4>\n\n\n\n
Number of Children<\/h4>\n\n\n\n
Amount of Time The Kids Spend With Each Parent<\/h4>\n\n\n\n
Additional Parenting Expenses<\/h4>\n\n\n\n
Alimony Considerations in Texas<\/h2>\n\n\n\n
What Factors Determine Alimony Awards?<\/h3>\n\n\n\n