Divorcing in Texas With Children - Child Support, Custody, and More

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.

Learn more about divorce in Texas with children.

What Are the Requirements for Divorcing in Texas With Children?

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.

Can You Get a Divorce With Children in Texas if Your Kids Don’t Live Here?

The state of TX can make a visitation order and initial custody only if:

• The child has lived in the state for at least half a year or since birth, if it’s younger than six months,
• The child was born in TX, and it has been away for a maximum of six months.

If your situation is different than these two, you can contact a family lawyer or an attorney for additional legal information.

What Set of Forms Do You Need for Filing for Divorce in Texas With Children?

There are different instructions and divorce forms for two types of the divorce process in Texas with minor children:

• The first set for an uncontested split-up, and
• The second one if you can’t agree on all grounds with your spouse.

If You Agree on Custody, Child Support, and Visitation, You Might Not Need a Lawyer

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:

• Petition,
• Civil Case Information Sheet (if required in your case)
• Waiver of Service, and
• Final Decree of Divorce.

If You Can’t Agree With Your Partner on Divorcing in Texas With Children, You Might Require an Attorney

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:

• Petition,
• Civil Case Information Sheet,
• Waiver of Service,
• Final Decree of Divorce,
• Complete the Standard Possession Order Form, and
• Income Withholding Order for Support.

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.

Talk with your partner and try to negotiate on all legal things that you can’t agree on.

Who Gets to Keep the Child in a Divorce?

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.

The child’s best interest and rights are the priority of the court of law.

What Is the Wife Entitled to in a Divorce in Texas?

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:

• There is a fault in ending the marriage, such as adultery or some other ground for divorce,
• There are differences in earning potential,
• One partner got custody of the children,
• Some gifts are given to one partner by the other.

There are quite a few factors considered when splitting the property and debts.

If You Search to Divorce Online, It Might Be the Best Option

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.