how to file for divorce in texas without a lawyer in texas

by Lyric Kunde IV 5 min read

Steps for Securing an Uncontested Divorce in Texas Without a Lawyer.

  • Step 1: Meet the Texas Residency Requirements. To file for divorce in Texas, you need to meet the residency requirements to do so. You can file for ...
  • Step 2: File Your Original Petition for Divorce.
  • Step 3: Have Your Spouse Waive Service or File an Answer.
  • Step 4: Complete the Final Decree of Divorce Form.
  • Step 5: Wait 60 Days.

The Divorce Process Timeline for Uncontested Cases in Texas:
  1. Check compliance with the residency requirements. ...
  2. Prepare the original divorce petition. ...
  3. File the papers with the court. ...
  4. Pay the filing fee or ask for a waiver. ...
  5. Notify the other party. ...
  6. Prepare the final decree. ...
  7. Schedule and attend a court hearing.
Sep 23, 2021

Full Answer

How can I get a divorce without an attorney?

Part 1 Part 1 of 4: Deciding if You Should File for Divorce on Your Own Download Article

  1. Discuss divorce with your spouse, if possible. If you both agree on the conditions of your divorce, filing your own divorce papers may be an option.
  2. Decide if a pro se divorce is appropriate for your situation. ...
  3. Determine if any major issues exist. ...
  4. Decide if you want or need help. ...

How do you file for divorce without an attorney?

The Divorce Filing Process

  • Fill out the necessary form. ...
  • Make sure to file the petition with the court clerk of your specific county. ...
  • After waiting for about 60 to 90 days, you can go and pick from the county clerk the signed judgment on your divorce. ...
  • When you complete the above steps, you are almost through with filing for your divorce. ...

How to get an uncontested divorce without a lawyer?

  • Your spouse will receive a summons with a date to respond.
  • If they do not respond, you can apply at the High Court, to add it to the roll.
  • The court will decide on your behalf and end your marriage.

Should you get a divorce without a lawyer?

You'll need to decide whether:

  • you can handle your own divorce case through a do-it-yourself (DIY) method
  • you want to try mediation (with or without an attorney) to resolve disputed issues, or
  • you need to hire an attorney to represent you through settlement and/or in court.

image

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

In fact, in Texas, divorcing spouses who can still communicate may qualify for a less expensive and adversarial process called an uncontested or "agreed" divorce. The key to an uncontested divorce is for both spouses to agree on all divorce-related issues and sign an agreement to skip the trial process before a judge.

Can you divorce in Texas without a lawyer?

Texas law does not require divorcing parties to hire an attorney, and while it may be wise to consult with one prior to divorcing, you are free to file for and complete a divorce without one.

Can I file for divorce by myself in Texas?

Because Texas is a no fault divorce state you can opt for a do it yourself divorce. The process is simple, but it is not for every divorce. Those couples who cannot come to terms over how to divide property, pay for child support, or child rearing may need to have lawyers represent them before a judge.

How much does a divorce cost in Texas without a lawyer?

In fact, it cost around $300 to get divorced in Texas if you are in full agreement with your spouse and complete the paperwork on your own. However, the cost will start at around $12,000 if your case is contested and requires you to hire a lawyer.

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

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.

How can I get a quick divorce in Texas?

You will be required to make a personal court appearance to finalize an uncontested or agreed 60-day divorce. The court appearance should be very brief and your spouse is not required to appear with you on the date of finalization. Your divorce lawyer will appear with you in court to guide you through the process.

Can you get 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.

How long does divorce take in Texas?

about six months to one yearDivorce in Texas is a Lengthy Process. In Texas, a divorce is not final for at least 60 days after a petition is filed. It typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict.

How long does it take to serve divorce papers in Texas?

Once you receive divorce papers, you have until the Monday after the 20 days that follow your service date to respond to the divorce petition.

What is a wife entitled to in a divorce in Texas?

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.

Does it matter who files for divorce first in Texas?

In Texas divorce cases, it does not matter who files first. In other words, it does not make a big difference who is the "petitioner" (i.e. the person who files first) or who is the "respondent" (i.e. the person who responds to the divorce petition).

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:

What Requirements Do I Have To Meet To File for Divorce in Texas?

Texas has a set of residency requirements that you must meet to file for divorce. You must have:

What are the common grounds for filing a fault divorce in Texas?

The common grounds for filing a fault divorce in Texas are adultery, living apart, cruel treatment, abandonment, long-term incarceration, and confinement to a mental hospital.

What is a contested divorce?

Contested divorce —Spouses disagree on how to handle the divorce matters and attend court hearings to resolve their dispute

Does DoNotPay draw up divorce settlement agreement?

DoNotPay will draw up your divorce settlement agreement instantly, and all that’s left is for you and your spouse to provide your signatures!

Does DoNotPay review divorce papers?

The process won’t be as easy and simple as it would be if you had an attorney review the divorce papers and explain the legal protocols, but DoNotPay will swoop in to help you through it!

Can you file for divorce on no fault grounds in Texas?

No-fault divorces are allowed in Texas, so if you want to file for divorce on no-fault grounds, you can. If the judge becomes aware that one party is at fault, he or she can consider it when dividing the property.

Divorce in Texas

Texas is one of the few states that does not require a party to have an attorney when filing for divorce.

What You Need to File for Divorce

In Texas To file for divorce in the State of Texas, you need to be at least 18 years old and not currently married. You also need to prove grounds for the dissolution of the marriage, such as adultery, abandonment, cruelty, or mental illness.

Important Considerations

Legal separation is the first step to filing for divorce without a lawyer. If you are considering this option, it’s important to understand all of the benefits and drawbacks to this legal process.

Filing Your Papers

You’ll need to go to the courthouse that has jurisdiction over your county. The county clerk or a self-help desk should have all the information you need to find the correct courthouse, as well as which forms you’ll need to fill out.

Gather the Necessary Documents

One of the first things you need to do is gather all the necessary documents. These include:

Fill Out the Forms

The first step in the process of filing for divorce without a lawyer is to complete the necessary paperwork. As this is your first time, you may want to hire an attorney who can help you fill out all the forms, but if that’s not possible, then you can use our guide to fill them out on your own. You will need to file the following forms:

Submit Your Paperwork

The first step in filing for divorce without a lawyer is to fill out the necessary paperwork. You can get all of the forms you need on the Texas courts website.

How to get divorce decree in Texas?

You might have to answer a few questions about your paperwork and the case in general during the process. After that, if everything is fine and papers are in order, the judge will sign the Final Decree of Divorce in Texas.

What is the process of serving divorce papers in Texas?

Serving divorce papers in Texas is a mandatory step of a marriage dissolution as your spouse has to be officially notified that the process has been initiated. As soon as you file Texas divorce documents, you have to deliver the copies to your ex along with the Answer and Waiver forms – your spouse only has to sign one of their choosing.

How long do you have to file a notarized waiver in Texas?

In Texas, you are allowed to hand the paperwork to your spouse on your own. They will have 20 days to file either an Answer or a notarized Waiver. After that, you need to complete a disclosure process and exchange forms with financial information.

How much does it cost to file a divorce case?

Print, sign, and make 2-3 copies of your forms and bring them to a court in a county where you live. Give them all to the clerk, pay the filing fee of about $300, and take the stamped copies to serve your spouse further in the process. At this point, you may ask if your case can be finalized without a hearing.

Do you need a divorce papers in Texas?

There are dozens of state of Texas divorce papers you may need for your specific case. For example, if you have children or must divide your property, you have to make sure you have all the related forms.

Do you have to be born in Texas to have children?

When it comes to children, if any, they have to be either born in Texas or reside there for at least half a year for a court to take a case involving them.

Is it cheaper to file a lawsuit on your own?

It’s cheap. Filing the case on your own, you won’t have to spend thousands of dollars on attorneys. The only costs you will be responsible for are filing fees, which can also be waived if you have financial difficulties and can prove it.

Step 1: Prepare

Determine whether you qualify to file uncontested divorce Texas. Find out whether you meet state residency requirements, define the ground for your divorce (as usually you would have to consult an attorney in case of a fault divorce) and settle the agreement with your spouse about real property division if any acquired.

Step 2: File

Any divorce in Texas begins with filling out the Original Petition for divorce at district court which is qualified to run divorce cases. Along with that the relevant court filing fee is paid. Once it’s done the court clerk may index your case and your divorce is initiated.

Step 3: Wait till your divorce is finalized

As required by state family laws, Texas divorce cooling-off period is 60 days as a minimum since the moment the Petition for divorce was filed. It means that your case could be finalized only after it’s over, however don’t forget, that there is plenty of work to be done prior the hearing is appointed.

What court is Texas divorce approved by?

Approved by the Supreme Court of Te xas for use in agreed, uncontested divorces that do not involve children or real property.

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 the Texas law help toolkit?

Texas Law Help has created a toolkit for divorces where the family has minor children and there is already a final custody order in place. The toolkit contains instructions, forms, frequently asked questions, and more. Instructions and forms for both agreed and default divorces are included.

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.

Can you get temporary support before divorce?

You can also ask the judge to issue temporary orders for financial support before the divorce is final. This could include child support or spousal support. If you need a temporary order, it is always best to speak with an attorney for help.

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.

image