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Divorcing in Texas with children can be overwhelming and emotionally demanding, and it’s never easy to decide on something like this. If you’re in a situation where you need some answers on the topic of divorce in Texas with children, then there’s some reading on your to-do list. We have the answers to how to file for divorce in Texas with children and other common dilemmas.
The first requirements for learning how to file for divorce in Texas are residency-related. Either you or your spouse must have lived in the state of TX for at least six months, and ninety days in the county you’re filing for divorce in, according to the TX divorce laws. Contact your county clerk to determine where you should file for divorce in Texas. As long as you meet these criteria, you can even divorce if your spouse lives in another state.
The state of TX can make a visitation order and initial custody only if:
There are different instructions and divorce forms for two types of the divorce process in Texas with minor children:
In case there are no court orders already in place for support and custody of your children, and you and your spouse agree on all grounds, you can get an uncontested divorce in Texas, where you won’t require help from a lawyer unless there’s family violence included. If a court order that’s not temporary is in place, the forms you have to use will be different.
Starting forms you have to fill out for an agreed divorce are:
If you and your spouse can’t agree, you’re having a contested divorce in Texas, and there is no court order for support of the children or custody, you should use this set of forms to start the divorce process:
You have to pay the filing fee in both cases, but if you can’t afford it, you can fill out an Affidavit on the Inability to Pay for Court Costs. Each parent should turn in their completed documents at the right court of the law in your county. After that, you can only wait for the mandatory waiting period of sixty days to pass - it is the shortest answer to how long a divorce takes in Texas.
In most US states, the practice is that both partners share custody after the end of a marriage. There are some rare circumstances in Texas divorce proceedings under which only one parent can get sole legal custody. That includes family violence and abuse. If you’re wondering Who gets custody of a child in a divorce in Texas, and you can’t agree, you should request a Temporary Orders Hearing and ask the court of law who the children will live with. Your lawyers will present evidence, and both of you will have to testify. This can also be done with a mediator. When you agree on all terms, the process can continue.
Texas is one of the 50 50 divorce states, which means that each partner gets a fair share of the property or income obtained during the marriage. When they split up, both spouses will equally divide assets and debts, but some factors are considered. They include:
An online divorce in Texas is an amazingly fast and affordable way to end your marriage, whether you have children or not. It can be a great option if you wish to divorce during Covid and avoid the long hours of waiting in the courthouse.
Check if you qualify for the services provided by Texas Divorce Online and save money. Each service is only $99 if you choose to file for divorce online - we will prepare your divorce petition as well as a final divorce decree. We can also provide you with all the instructions on how to file for divorce with the local District Court and finalize it.Texas Divorce Online can prepare your divorce papers online, and once you opt for filing for divorce online, we will only ask you a couple of simple questions to see how you will divide the property. File for divorce online, and we will calculate child support for you and do all the work around visitation and conservatorship.