how do i get a divorce in texas without a lawyer?

How can I get a divorce without an attorney?

How Do I File for Divorce Without a Lawyer in Texas? To file for an uncontested divorce in Texas, you need to complete the next steps: Draft the Divorce Settlement Agreement in Texas Without a Lawyer—Rely on DoNotPay DoNotPay’s Divorce Settlement Agreement feature helps you draft your agreement in a few minutes!

How do you file for divorce without an attorney?

Mar 15, 2022 · eFileTexas.gov's Self Help page is intended for people who are filing without an attorney. To file for divorce using this site, click "Start a Filing" and then look for the "FAMILY CASES" interview. Court Fees, Attorney Fees, and Temporary Support If you can't afford the expenses of filing for divorce, there are some options available to you.

How to get an uncontested divorce without a lawyer?

If neither spouse meets this requirement, you cannot file for a divorce in Texas. 2. Get a Petition of Divorce. A Petition of Divorce is the form you will submit to the court that formally starts the divorce proceedings. You can obtain this petition from the county clerk's office in the Texas county district court where you are a resident.

Should you get a divorce without a lawyer?

How to File the Online Divorce Papers? 1. Print out the completed divorce papers from your online account and the step by step filing instructions. 2. Each spouse needs to sign their divorce papers. 3. The spouse who is filing the divorce brings the divorce papers to court and files them with the court clerk and pays the court's filing fee.

How do you divorce your spouse in Texas without a lawyer?

The easiest way to file for divorce in Texas is when both spouses agree on all issues and want to separate without conflicts. They usually work on a settlement agreement together without a lawyer before filing for divorce. Next, the litigants file their case with the court.Sep 23, 2021

Can you get a divorce in Texas without going to court?

There is no need for a formal trial in an uncontested divorce. Most of the time, the judge will go ahead and grant the divorce under the agreed terms. In Texas, there is a mandatory waiting period until the divorce becomes law. This period is 60 days in most cases.Feb 22, 2021

Can I file my own divorce papers in Texas?

As a no-fault divorce state, Texas allows you to file for divorce without an attorney. The process is fairly simple, and it is a whole lot cheaper than paying lawyers to expose every hidden detail of your married life.

How can I get a free divorce in Texas?

Under Texas Rules of Civil Procedure Rule 145, the divorce filing fee can be waived by filing an “affidavit of Indigency.” An “Affidavit of Indigency” basically asks a court to waive the filing fees because the filing party cannot afford them.Mar 2, 2017

How can I get a quick divorce in Texas?

How to File for an Uncontested Divorce Without an Attorney in...Meet Texas's Residency Requirements. ... Get a Petition of Divorce. ... Sign and Submit the Petition. ... Deliver a Petition Copy to Your Spouse. ... Finalize Settlement Agreement. ... Attend Divorce Hearing. ... File the Final Decree with the Clerk.

How can I get a quick divorce?

Here's how to get an uncontested, quick divorce; Communicate with your spouse throughout the process. Find your marriage certificate before starting divorce proceedings. Find valid grounds for divorce and agree with your spouse. Ask your spouse to promptly complete and return paperwork.

Can you get divorced without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

Can I get a divorce without my spouse knowing?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

How long do you have to be separated before divorce in Texas?

Texas does not recognize legal separation. However, separation for a period of at least three years is one of the grounds for divorce in Texas. Living separately and apart means living in different residences.

Can the 60 day waiting period for divorce in Texas be waived?

If your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household, the 60-day waiting period is waived.

How much does it cost to get a divorce if both parties agree?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

Can you file a divorce online in Texas?

Online divorce is allowed in Texas, though not every Texas court will accept online forms. You may have to file the forms in person. When it comes to divorce in Texas, you can use lawyers or online sites to fill out the paperwork.

What are the reasons for divorce in Texas?

The possibilities in Texas include: 1 Insupportability: Many people refer to this as “no-fault” grounds for divorce because it means that you spouse just can’t resolve your differences. In terms of an uncontested divorce, this reason is by far the simplest route. 2 Cruelty: Whether mental or physical, asking for a divorce because of cruelty is a “fault” divorce and may require multiple hearings. 3 Incarceration: If your spouse has committed a felony and is serving a sentence of one year or longer, Texas recognizes this as reasonable grounds. The one exception, however, is if spousal testimony caused the imprisonment. 4 Estrangement: If you have been living apart and separate lives for three or more years, or if your spouse abandoned you more than one year ago, the court accepts this as grounds.

How to get an uncontested divorce in Texas?

To get an uncontested divorce in Texas there are four things you’ll need to keep in mind — qualifying, agreement, paperwork and going to court.

Why is there no fault in divorce?

Insupportability: Many people refer to this as “no-fault” grounds for divorce because it means that you spouse just can’t resolve your differences. In terms of an uncontested divorce, this reason is by far the simplest route.

How long do you have to live in Texas to get divorce?

In order to qualify for divorce in Texas, you must meet a few simple criteria. First, you or your spouse must live in Texas for the previous six months. You’ll also need to live in the county that you file for 90 days. After that, you will need to have “grounds” or a legal reason to divorce.

What are the grounds for divorce?

There are several other things that can give you grounds for divorce that include mental illness and confinement as well as adultery.

What happens if you don't agree to a divorce?

However, if you are not in 100 percent agreement, the petition could be rejected until the issues are resolved or brought to a formal hearing.

What does it mean to get divorced?

The decision to get a divorce signals the end of one part of your life and the beginning of another. Unlike other relationships, marriage has a legal element that you’ll need to untangle. The court system appears complicated and overwhelming to many people. One of the major hurdles facing divorcing couples is the high cost of hiring an attorney.

What to do if your spouse waives service of process?

If your spouse did not waive service of process but is still not contesting any points of the divorce, hire a process serves or another disinterested third party to serve your spouse with any remaining paperwork. However, if your divorce is uncontested because your spouse is missing, try service by publication.

How long do you have to live in Texas to file for divorce?

Determine if you qualify to file for divorce in Texas. Under Texas law, at least one party to the divorce must have resided in Texas for at least six months prior to the filing of the divorce. In addition, either you or your spouse must have lived in the county where you file for 90 days prior to the date of filing. Also, a divorce in Texas cannot be finalized if the wife is pregnant. If your wife is pregnant, be sure to keep this in mind.

What to do if you have a divorce and your spouse cannot come to an agreement?

If you wish to file for some other reason, such as adultery, criminality, or abandonment (among others), you need to speak with an attorney. Furthermore, if you and your spouse cannot come to an agreement with respect to the division of property and child custody and support, you need to speak with an attorney.

How to file a lawsuit in Texas?

Call the Clerk’s Office at the proper court and ask how many copies of each form you will need and what the filing fee will be. Make the appropriate number of copies and take to the Clerk’s office along with the fi ling fee, which should be in cash, as the Courts do not accept personal checks or debit cards. ...

How many district courts are there in a small county?

In very small counties, or judicial districts that preside over multiple small counties, there may only be one District Court. If you live in a county like this, you would file there. In districts of larger size, the District Courts are divided into subdivisions that give preference to certain areas, like family law.

How to file a civil case in Texas?

1. Fill out the case information sheet. Everyone in Texas who files a civil case must submit a Civil Case Information Sheet. In order to fill the form out properly, you will need to know your name, address, telephone number, and email, along with the full names of both spouses.

Can you sue for divorce on specific grounds?

For this reason, if you plan to sue for divorce on specific grounds, you need to speak with an attorney.

How long can a spouse live in Texas to file for divorce?

If the spouse filing for divorce lives outside of Texas, even if they are in another country, they can still file the suit in the county in Texas where the other person lives, as long as that person has lived in Texas for 6 months.

What is efiling in Texas?

E-filing is a way of filing court documents electronically, without having to send in paper copies to the clerk's office. Texas's eFileTexas.gov site uses guided interviews to help you create your forms. The website will ask you certain questions and use your answers to build your forms.

Can't afford divorce?

You can request that the court waive the court fees by filing an Affidavit of Inability to Pay Court Costs.

Is there a divorce form in Texas?

Initial Divorce Forms. There is only one "official" divorce form in Texas. In 2017, the Texas Supreme Court approved forms for an agreed divorce without real property or minor children. Even though there are not "official" forms for other situations, there are some good forms available online for free.

1. Meet Texas's Residency Requirements

Before you can even file for an uncontested divorce in Texas, you or your spouse must continuously reside in the state for the six months immediately prior to filing for divorce. If neither spouse meets this requirement, you cannot file for a divorce in Texas.

2. Get a Petition of Divorce

A Petition of Divorce is the form you will submit to the court that formally starts the divorce proceedings. You can obtain this petition from the county clerk's office in the Texas county district court where you are a resident.

3. Sign and Submit the Petition

Once completed, sign the petition and file it with the clerk's office. You need two copies of the form. Once you pay the filing fee, the clerk assigns a case number and stamps your petition as received.

4. Deliver a Petition Copy to Your Spouse

Deliver the second copy of the divorce petition to your spouse. You can either hand deliver it yourself, have the county sheriff's office deliver it, or hire a private party to serve the papers. You must obtain proof of service, which is subsequently filed with the clerk's office.

5. Finalize Settlement Agreement

The clerk's office will set a day for your court hearing after you complete the necessary paperwork. The hearing cannot take place until the 60 day "cooling off" period has passed. You and your spouse should utilize this time to finalize any settlement agreement and prepare the final divorce decree.

6. Attend Divorce Hearing

After the 60-day period, you and your spouse must attend the divorce hearing. At the hearing, a judge reviews all your filed paperwork—including the Petition of Divorce, settlement agreement, and divorce decree. The judge will likely ask questions to ensure that both parties are in agreement on all aspects of the divorce.

7. File the Final Decree with the Clerk

Take the final, signed divorce decree and file it with the clerk's office. You should ask the clerk for two certified copies of the decree; you keep one and give the other to your spouse.

What is the Texas divorce law?

This is Texas's version of no-fault divorce where a marriage has irreparably broken down because the spouses are incompatible. Step 1. Ensure That You Satisfy the Texas Residency Requirements to File for Divorce .

What is a divorce decree in Texas?

In Texas, when both spouses sign the Decree of Divorce, it is called an "Agreed Decree of Divorce.". Schedule and Attend a "Prove-Up Hearing" to Finalize Your Divorce. Contact the court clerk and ask them to schedule a court hearing to finalize your divorce after the 60 day waiting period has expired.

What is an uncontested divorce in Texas?

In Texas, an "Uncontested Divorce", (commonly referred to as a "Simple Agreed Divorce" or an "Amicable Divorce"), both of the spouses agree about all of the terms of their divorce. On the other hand, when the spouses do not agree on all of the terms of their divorce it is said to be a "Contested Divorce".

What to do if your spouse doesn't agree with you?

If your spouse does not agree with you about all of the terms, you should probably seek the advice of a Matrimonial Attorney because your divorce may become contested. If your spouse wants to resume the use of their former name before the marriage they can request it the Waiver of Citation.

What is the final decree of divorce?

The Final Decree of Divorce contains all of the terms and agreements of your divorce and will be presented to a judge who will sign it if the judge grants your divorce. The Decree of Divorce is drafted by the Petitioner.

How long do you have to live in Texas to file for divorce?

When the divorce petition is filed, either the spouse who files it (the petitioner), or the spouse whom it is served on (the respondent), must have lived in the state of Texas for at least the past six months. And, the divorce must be filed in a Texas District ...

How long does it take to get divorced in Texas?

60 Day Waiting Period. Under Texas law, a Texas judge cannot grant a divorce until at least 60 days after the original petition of divorce has been filed with the court. This is generally referred to as the "waiting period" or the "cooling-off" period.

What happens if the respondent fails to file an answer?

If the Respondent fails to file an Answer (response to the divorce for through the use of an Answer Form) by the Monday following the 20th day after receipt of legal notice, the Petitioner can request a default judgment and the Court can award a divorce to the Petitioner without the Respondent signing off.

What are the grounds for divorce in Texas?

Grounds for a divorce in Texas 1 Adultery 2 Abandonment 3 Confinement for incurable insanity for three years 4 Conviction of a felony and imprisonment for over one year 5 Cruel and inhuman treatment. 6 Insupportability - This is the catchall that almost all divorces are filed under. Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”

What is the name of the spouse in a divorce in Texas?

Names of the Parties: The spouse that files the petition for divorce (i.e. initiates the divorce with the court) is known as the "Petitioner". The other spouse is known as the "Respondent". Jurisdiction: Texas courts only have jurisdiction to grant divorces for Texas residents. So, one of the spouses must be a Texas resident for 6 months prior ...

How long can you be held in a marriage in Texas?

You CAN NOT be held in a marriage if the other spouse does not want to sign or refuses to participate in the divorce process. Cooling Off Period: Texas courts cannot grant a divorce until 61 days have passed from the date the petition was filed. This cooling off period supposedly helps couples who change their mind.

How many copies of divorce papers will I receive?

The Clerk will stamp your paperwork and assign a cause number and a judicial district (i.e. specific court). You will receive your two copies back, one for you and the other needs to be delivered to your spouse for legal notice of your divorce filing. Be sure to put your copy in a safe place.

How long does a spouse have to live in Texas before filing for divorce?

Venue: At least one spouse must reside in the county where the divorce is filed for at least 90 days prior to the filing of the divorce petition. No Fault: Texas is a No Fault Divorce State. "No Fault" means that one spouse DOES NOT have to prove the other spouse has done anything wrong in order to obtain a divorce.

What does the answer to a divorce case mean?

The Answer alone doesn't assert any claims against the Petitioner.

What is an uncontested divorce?

Uncontested divorces are where there are no disagreements between the spouses about what they want to happen. They can be something you can do without the help of a lawyer. The links below will help you learn about what it means to be "pro se," or representing yourself, and what to expect in the divorce process.

What is default divorce in Texas?

A default divorce is when one party fails to respond to the divorce petition. Texas law uses the term "dissolution" to include divorce or annulment. The petitioner is the person who starts the divorce process. They are the one who filed the petition for divorce with the court.

What is a pro se?

Pro Se. "Pro se" is a term used by the courts to refer to someone who has not hired an attorney and is representing themselves. Respondent. The respondent is the spouse who was not the one to file the suit for a divorce.

Is Texas a community property state?

Texas is a "community property" state. This means that in most cases, property and money obtained during the marriage legally belongs to both spouses. This concept is important when it comes to the part of the divorce when property is divided up. A default divorce is when one party fails to respond to the divorce petition.

What is divorce without a lawyer called?

A divorce without a lawyer is also called a: Solve My Problem. Get Started. Do-it-yourself (DIY) divorce. Friendly divorce. Uncontested divorce. To be eligible for one, you will need to meet the following requirements: You and your spouse should agree on all issues, such as: Division of property.

What to do if you can't get over your spouse?

If there are still some things you and your spouse can’t get over, you can consider hiring a divorce mediator. They’re professionals who can help you and your spouse come to an agreement during multiple sessions in a comfortable environment.

How to get a divorce settlement agreement that's fair to both parties?

The best way to get a divorce settlement agreement that’ll be fair to both parties is to use DoNotPay.

How to file for divorce without a lawyer?

To file for a divorce without a lawyer, you will have to fill out the divorce forms, such as the petition for divorce and the divorce settlement agreement. Most states offer uncontested divorce forms that you can download or get in your country courthouse. Once you get them, you will have to:

What is the advantage of DoNotPay?

Using DoNotPay comes with plenty of advantages, the main one being that you can resolve just about anything in a matter of clicks. It doesn’t get any easier than that!

Do I have to pay someone to do divorce papers?

Serve the divorce papers to your spouse—depending on the state you live in, you’ll either have to pay someone to do it for you or do it yourself. If you and your spouse agree on all matters, you won’t need to go to court or hire a lawyer. You will enter a settlement agreement.

Does my spouse have an attorney?

Your spouse has not retained an attorney. Neither party is in the military. Neither one of you has substantial investments. There cannot be: Many marital assets to be distributed. A need for alimony. Any pension and retirement plans to distribute. History of domestic violence in your marriage.

What is a matrimonial home?

A matrimonial home is all the property in which a person has an interest. In addition, the interest is determined by the home which was occupied by the person and his or her spouse and deemed as the family residence at the time of the separation. There can be multiple matrimonial homes: 1 Summer time shares 2 Cottages 3 Ski chalets 4 Condos in other areas, etc.

What issues to consider when approaching divorce proceedings on your own?

Some issues to consider when approaching divorce proceedings on your own are: the division of property, spousal rights and child/visitation rights, pensions, and. marital homes. A state-by-state approach is also needed to ensure that you are following the correct laws.

What to consider when approaching divorce proceedings without a lawyer?

The first issue to consider when approaching divorce proceedings without a lawyer is whether you and your spouse are in agreement on all of the above issues ( i.e. property, children, marital homes, etc.). If you and your spouse are not in agreement, it can lead to a sticky and complicated situation.

How is equalization payment calculated?

An equalization payment is calculated via each party’s economic standing. For instance, a snapshot is taken of the value of the assets that each party owns (on the date of the marriage and again on the date of the separation).

What happens when a non-titled spouse claims an interest in a trust?

In the event that an item is bought with one spouse’s money and put into the name of the other spouse, the court will conclude that it is a jointly owned item, or that it is owned by the person who paid for it. This occurs when a non-titled spouse claims an interest because of a trust.

What to do before divorce without a lawyer?

Before embarking on divorce proceedings without a lawyer, it is a good idea to consult with an accountant or financial advisor, or even tax preparer who can alert you to potential tax issues after a divorce. IRS is the official website where IRS officers offer free information about all tax issues pertaining to divorce.

What happens when children are separated?

When children are at the center of the separation, divorce can become even more complicated. There are matters of children, assets, and the division of property to contend with. During this whirlwind of events, the stress can sometimes become too overwhelming.