How to File for a Divorce in Texas in 3 Easy Steps

Have you decided to finalize your marriage or you’re considering that option? Then you might want to take a look at how to file for divorce in Texas. You can do it quickly and cheaply, and without paying for a lawyer and court fees. Here are the three simple steps you should follow to file a divorce in the state of TX.

The word divorce in a dictionary.
Learning how to file for divorce in TX can be very simple.

If you’re in a rocky marriage and you’re considering ending it, know that you’re not the only one. More and more people are filing for divorce nowadays, and divorce during Covid has become a common thing. Let’s see how to get a Texas divorce and why you should file for divorce online.

Before You Start Learning How to Get a Divorce in Texas, You Need to Check Out the Law

If you’re thinking about filing for divorce online, you should first get all the information about what divorce laws say about your situation. Let’s begin with the seven grounds for a dissolution of marriage in the state of TX, according to the Texas Family Code:

  • Insupportability,
  • Cruelty,
  • Adultery,
  • Conviction of a felony,
  • Abandonment,
  • Living apart for at least three years,
  • Confinement of the other spouse in a mental hospital (for at least three years).

If one of the spouses caused the divorce, you can call it fault-based, which means that the fault has to be proved with an attorney of law, and that’s a more rare situation. No-fault divorce means that the marriage became insupportable and it’s much easier to finalize. Keep in mind that you have to notify the other spouse that you filed for a divorce.

How Long Do You Have to Be Separated Before You Can File for Divorce in Texas?

In the TX Family Code, you will see that the state legislature doesn’t recognize legal separation. That means that you can file for divorce right away, but also that you will be considered legally married until the divorce is finished.

You Might Want to Know: What Is a Wife Entitled to in a Divorce in Texas?

TX is one of the 50 50 divorce states which means that it’s a "Community Property" state. If the parties are unable to reach an agreement, the court will split all of the property and debt equally. However, if the dissolution of marriage happens because of someone’s proven fault, that side will get a smaller share of the community property.

Highlighted word divorce in a book.
Get all the information and see whether you require professional advice and support.

The First Step of How to File for Divorce in Texas Is to See If You Qualify

So how do you get a divorce in Texas? The petition can only be filed if one or both of the spouses had been living in TX for at least half a year. Also, at least one party must have lived in the county where you’re filing for a divorce for a minimum of ninety days.

A Part of This Step Is to See if You Are Going to Need a Lawyer to Process a Contested Divorce or You’re Having an Uncontested One

If you’re planning on signing divorce papers online, it’s only possible if you’re having an uncontested divorce in Texas. That means that your soon-to-be ex-partner and you have agreed on everything, including child custody, division of property, and debt. This is the least stressful and expensive way to get divorced. On the other hand, contested divorce in Texas means that you’ll probably need an attorney or a mediator to guide you through this process, be it child custody and support if you’re divorcing in Texas with children or any other problem. It also means that you shouldn’t consider getting an online divorce.

How to File for Divorce in Texas Online If You’re Having an Uncontested One?

One of the main reasons why people choose to end their marriage online is because they find out the answer to the question How long does a divorce take in Texas when you’re doing it in court. The divorce process in Texas has to last at least sixty days. The countdown begins when the divorce petition is filed and when you’ve both agreed on all terms.

Male and female hands on a paper.
Uncontested divorces are the best for online divorcing.

The Second Step of How to Divorce in Texas Is to Fill out the Forms

Filing for a divorce isn't as simple and quick as getting married. There are several divorce forms that you have to sign. If there’s no need for a trial, you can find the documents you require online. Make sure you know where you should file for a divorce - some counties have different forms than the uniform list at the Texas Supreme Court. If you apply at the wrong place, it will only prolong the process.

Here are some of the basic documents:

  • Original Petition for Divorce,
  • Waiver of Service,
  • Final Decree of Divorce,
  • Notice of Service of Process.

There are also the Income Withholding Order, BVS Form, Medical Support Order, and Parenting Class Certificate if you have children.

A man writing on a paper.
Find out what legal documents you have to sign, with or without children.

The Third Step Is to Find out How Much Does It Cost to File for Divorce in Texas

When it comes to figuring out how much does a divorce cost in Texas, the answer can be complicated. It depends on all the issues involved, especially if we’re talking about a contested split-up. The average dissolution process costs around $15,000 to $30,000 if you do it in court, while the filing fee costs between $250 and $300. If you can’t afford it, you can complete an Affidavit of Inability of Pay. However, deciding to divorce online means that you’ll pay for the online processing fee while all the other costs will be much cheaper. With Texas divorce online, you’ll pay only $99 for one service.

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Online Divorce Texas will help you save money in this legal process.

How Do I File for Divorce Without a Lawyer in Texas?

The online divorce process is much more efficient and cheap, especially during the pandemic where the courts might have you wait for months before a judge hears you. Texas Divorce Online will allow you to avoid all the fees and expenses of going to court. If you decide to sign online divorce papers, you just have to finish three steps:

  • Complete case registration and pay the online processing fee,
  • Login to your case area and answer additional questions,
  • Print sign and file your TX state divorce petition.

File for a divorce online quickly and easily with the affordable offer at Texas Divorce Online. Let us know all the information about how you and your spouse will divide property, debt, child support, visitation, and conservatorship. Then, we will prepare your paperwork, including the divorce petition and final divorce decree. You will also get legal help to finalize your case with the local District Court. Texas Divorce Online allows you to split up with no stress or big expenses.