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4
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Divorce with a Lawyer
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Divorce with a lawyer can be adversarial, lengthy, inconvenient and
costly
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They take longer to get finalized - up to a few years
Little or no control over the divorce outcome
Litigation ignites more conflicts between the parties
Prolonged court trials negatively affect children
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Online Divorce in Hill County
Please note: OnlineDivorce.com is not a law firm. The materials provided by this website are for informational purposes only and should not be perceived as legal advice.
If you both agree on the divorce, and the terms of the separation, you can avoid a trial and save time and money by pursuing an uncontested divorce. You can make the process even more straightforward and inexpensive by using the help of OnlineDivorce.com for your amicable uncontested dissolution.
Onlinedivorce.com offers an affordable solution to simplify the process of divorce paperwork preparation. For a fair price, and with no hidden fees, we will prepare all the legal forms required for your specific case and provide you with step-by-step written instructions on how to file the documents in your county.
The printable divorce forms provided by our service are always court ready and accurate since we take into account all the peculiarities of Texas Family Law as well as the filing requirements and unique circumstances of each customer. We offer you an excellent solution to complete your divorce papers quickly and stress-free.
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Valid grounds to get divorce in Hill County
According to Texas Family Code, Title 1, Chapter 6, based on the petition of either party to a marriage, the court may grant a divorce without regard to a fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. If the spouses choose this no-fault ground, divorce can be arranged as a no contest.
Additionally, the court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years or based on so-called fault grounds for divorce. These grounds for divorce in Texas include:
adultery;
cruelty or violence;
abandonment/desertion (1 yr.);
insanity ( confinement in a mental hospital for at least 3 yrs.);
conviction of felony and imprisonment at least 1 yr. (unless spouse testifies against convicted spouse).
Divorce in Texas
Custody of the child in Hill County
Divorce in Hill County with children is ruled by the Texas Family Code, which is the single law for the entire state.
Texas Family Code, Title 5, Chapter 153 establishes the best interest of the child as the primary consideration of the court in determining any issues of custody and visitation of the child.
Regarding this, the court may appoint either sole or joint custody (in legal terms, these are sole managing conservator or joint managing conservators), depending on what would be fair in the particular divorce case.
However, the state of Texas has adopted a presumption that parents should be named as joint managing conservators (JMC) unless proven otherwise.
Joint managing conservatorship in Texas implies that both parties share the rights and duties of a parent, even though their shares of the responsibility may vary. The exclusive right to make certain decisions may still be awarded to one parent only (by the court decisions or the parents' agreement).
According to The Texas Family Violence Benchbook, the court cannot grant one parent an SMC (sole custody), and the child cannot be isolated from either parent until the court has strong evidence of the danger of such contact for the child.
Among reasons that indicate such a danger and allow the court to assign SMC contrary to the current presumption are:
one parent's willful abandonment of parental duties;
the parent has a history of family violence or neglect;
the parent has a history of drugs, alcohol or other criminal activity;
the other parent has been absent from the child's life;
an extreme conflict between the parents over educational, medical, and religious values.
In any other circumstances, each child custody case in a divorce should be considered separately. The court evaluates numerous factors that help to determine what would be in the best interest of the child, taking into account the parents' wishes and opportunities. In an uncontested divorce, the judge considers and approves the Parenting Plan created jointly by the spouses.
Divorce in Texas
Rules for child support in Hill County
When going through the process with a child, either or both parents may be ordered to make payments for the support of the child. Nevertheless, despite the presumption of joint custody, Texas courts usually order child support to be paid by the parent with whom the child does not live.
According to Chapter 154 of the Texas Family Code, child support usually has to be paid until the child reaches 18 years of age or until graduation from high school, whichever occurs later. If a child is disabled, the court may order that child support be extended longer.
The exact amount of child support in Texas divorce is calculated individually following the Texas Child Support Guidelines.
The amount of support is generally based on a percentage of the non-custodial parent's income. When calculating payment amounts, the court first determines the monthly net resources of the parent paying child support (without social security taxes, federal income tax, state income tax, and expenses for health insurance coverage for the obligor's children).
Thus, referring to Texas Family Code, Sec. 154.125, child support amounts are based on a percentage of the monthly net resources of the obligor (the spouse who is ordered to make child support payments) and the number of children as follows:
One Child: 20% of net resources
Two Children: 25% of net resources
Three Children: 30% of net resources
Four Children: 35% of net resources
Five Children: 40% of net resources
Six Children: Not less than 40% of net resources
If the obligor must support other children as well, the calculation should be made according to the simple chart below. It determines the percentages of net resources based on the number of children before the court and any other children (biological or adopted) which are also being supported.
Number of children before the court
Number of other children the parent has a duty to support
1
2
3
4
5
6
7
0 children
20.00
25.00
30.00
35.00
40.00
40.00
40.00
1 child
17.50
22.50
27.38
32.20
37.33
37.71
38.00
2 children
16.00
20.63
25.20
30.33
35.43
36.00
36.44
3 children
14.75
19.00
24.00
29.00
34.00
34.67
35.20
4 children
13.60
18.33
23.14
28.00
32.89
33.60
34.18
5 children
13.33
17.86
22.50
27.22
32.00
32.73
33.33
6+ children
13.14
17.15
22.00
26.60
31.27
32.00
32.62
Divorce in Texas
Rules for spousal support in Hill County
According to the Texas Family Code, Chapter 8, Sec 051, the court may order alimony for either party, but only if the spouse seeking spousal maintenance lacks sufficient property (including separate property) to provide for their minimum reasonable needs. Additionally, the paying party must have the financial capacity to pay alimony.
The criteria used in determining the right to receive alimony for a spouse seeking maintenance are as follows:
inability to earn sufficient income to provide the minimum reasonable needs because of an incapacitating physical or mental disability; the marriage was ten years or longer, and the applicant cannot earn sufficient income to provide for reasonable needs; alternatively, the spouses' child requires personal supervision because of a physical or mental disability that prevents the custodian spouse from earning sufficient income.
Sec. 8.052 of the Texas Family Code provides other factors in determining spousal maintenance, which should also be considered by the judge in a divorce lawsuit. These factors include each spouse's financial resources and earning capacity, their education and employment skills, as well as their age, health, any history of family violence, adultery or cruel treatment. Also taken into consideration is the length of the marriage, whether either spouse is paying child support, and whether either spouse spent community property excessively or fraudulently disposed of joint property.
Thus, each alimony request in Texas is considered separately based on the unique circumstances of each couple.
Divorce in Texas
Property division in Hill County
The Final Decree of Divorce in Texas includes an Order concerning how property is divided (the real estate, assets, and other property jointly held by the spouses). According to Sec. 7.001 of the Texas Family Code, the court distributes the property as it deems just and right, having due regard for the rights of each party and the children of the marriage.
Many people expect that, since Texas belongs to community property states, all the property must be divided 50/50. However, Texas courts have broad discretion when it comes to defining a just and right division. There are different options for the division of joint assets. In contested cases, the judges take into account a long list of factors when determining what kind of property distribution would be equitable. In an uncontested divorce, the spouses are eligible to allocate property the way they want. The court will approve any Settlement Agreement if it is fair.
Divorce in Texas
Mediation support in Hill County
Mediation is an alternative dispute resolution option aimed to help spouses to negotiate constructively. Divorce mediation assists the spouses in jointly drafting a Marital Settlement Agreement that will be approved by the court. Negotiating is not easy. So the mediator works with the couple, helping them to engage in a productive dialog and come up with mutually beneficial solutions faster.
In Hill County, divorce mediation is not a mandatory stage of marriage dissolution. However, courts may order mediation in some cases, or the parties may participate in mediation voluntarily.
How to file for divorce in Hill County | Step-by-Step
1
Meet residency requirements. First, the couple has to meet residency requirements to obtain a divorce in Hill County, Texas. According to the Texas Family Code, Chapter 6, Sec. 6.301, either spouse must have lived in the state for the prior six months and in Hill County for at least the previous 90 days before filing the Original Petition for Divorce.
2
Choose the right court for your case. The court used to file for divorce depends on the place of residence. In Hill County, Texas, family law matters and divorce cases fall under the jurisdiction of District Courts.
3
File the documents. The filing spouse (plaintiff) should collect the required divorce forms for their divorce in Texas, fill out these divorce papers, and file a Petition for Divorce through the District Clerk's office. According to the Texas Constitution, Article V, Section 9, the District Clerk acts as registrar of all court papers for any legal cause of action in the District Courts.
4
Serve the divorce papers on your spouse. The plaintiff has to submit two copies of the Petition For Divorce to the Clerk. The original will be stamped with a case number, and both copies will be dated. This date is considered the official start of the divorce procedure. One copy will be returned to the plaintiff, and the other has to be given to the second spouse to notify him or her of the divorce proceeding. This process is called serving divorce papers in Texas. You can learn how to serve your spouse with divorce documents in the Clerk's Office or at the Texas court website. The procedure for serving varies, but the copy cannot be delivered personally by the plaintiff.
5
Attend the prove-up hearing. There is no need for a formal trial in an uncontested divorce in Texas. However, since Texas Family Code provides for a mandatory waiting period, even an uncontested divorce cannot be finalized until 60 days have passed from the time of service on the respondent. After the waiting period, if the spouses have resolved all their issues, they can participate in a "prove-up hearing" - a brief hearing in an uncontested divorce. The judge considers the spouses' agreement, and if no changes are required, the divorce is granted.
Divorce in Texas
Filing fees for divorce in Hill County
At the same time that the Petition for Divorce is filed, the plaintiff has to pay a court filing fee, which is approximately $300 in Hill County, Texas. The exact amount of the filing fee, as well as other court costs, will depend on the case. Although the cost of divorce varies based on numerous factors, the court filing fee is mandatory for all.
Litigants who cannot afford to pay the filing fee may apply for assistance by filling out and signing an Affidavit of Inability to Pay Court Costs in the presence of a public notary.
CALCULATE YOUR ESTIMATE
Court Filing Fee Estimator
Please note that the divorce filing fee calculator provides an estimate of the
costs associated with filing for divorce in your jurisdiction. These fees are
paid directly to the courthouse and are a mandatory part of the divorce
filing process. The actual amount may vary depending on specific court
requirements and any additional services you may need. It is important
to understand that these fees are due at the time of filing your divorce
documents and are essential for the processing and handling of your case.
Please contact your local courthouse for the most accurate and up-to-date
information regarding divorce filing fees in your area.
We apologize for the inconvenience, but the filing fees for ,
are currently unavailable.
In some counties, specific filing fees for divorce cases may not be
readily accessible or may vary based on individual circumstances.
As a result, we are unable to provide an accurate estimation of
the fees at this time.
We recommend reaching out to your local courthouse or consulting
with a legal professional in your area for assistance in determining
the applicable filing fees for your divorce case.
Following the Family Code, Sec. 6.702, the divorce timeline in Texas implies a mandatory waiting period. In Hill County, a divorce cannot be finalized before the 60th day after the date the suit was filed.
Exactly how long it will take to get divorced in Texas is impossible to predict. There are too many factors that can affect the length of the divorce process. Contested divorces usually take much longer than uncontested divorces. Hiring an attorney and going through a trial usually takes much longer than a do-it-yourself divorce. Even a simple, uncontested DIY-divorce can be a pretty complicated task for a person without a legal background. There is no single fastest way to get divorced.
Nevertheless, on average, dissolution is usually much quicker if both parties can reach an agreement, and the divorce is no-fault and uncontested.
Frequently Asked Questions
How much does a divorce cost in Hill County?
The cost of divorce in Texas mainly depends on whether the case is contested or not, as well as whether you are going to seek legal assistance or proceed on your own. At a very minimum, the cost of a DIY divorce will consist of the court filing fee. If an attorney is hired, they typically charge an hourly fee which can significantly increase the total cost of divorce. Other additional costs may include mediation, parenting classes, appraiser's fees, as well as any other service fees that may be required.
How do you file for divorce in Hill County without a lawyer?
Despite its benefits, DIY divorce doesn't fit every couple. There may be some difficulties with the bureaucracy, especially if the spouses have children or any major assets or debts. A DIY divorce is not always as fast as it seems. For couples that want to get divorced without a lawyer, but need some help, OnlineDivorce.com can be an excellent and inexpensive option. This service will complete all the divorce paperwork for you at a reasonable cost and provide all the information you need for the filing process.
What forms are required for an uncontested divorce in Hill County?
The following are the primary divorce forms required to be filed in an uncontested divorce in Texas:
Petition for divorce
Citation (Summons)
Waiver of Service
Final Decree of Divorce
Notice of Final Decree
Other divorce forms and worksheets may be needed in certain cases. For example, a Child Support Order, Military Affidavit, Orders Re Property and Debts, Power of Attorney to Transfer Motor Vehicle, Affidavit of Inability to Pay, etc.
Can I file for legal separation in Hill County, Texas?
Unlike most other US states, there is no such procedure as legal separation in Texas. Texas courts do not grant any separation orders without getting dissolution of the marriage.
When is it allowed to remarry after a divorce?
According to the Texas Family Law (Sec. 6.801), neither party of a case can legally remarry until 31 days after the divorce has been granted. The divorce is finalized the day the judge signs the Decree of Divorce, so the date of divorce does not always match the day of the final court hearing.
Divorce in Texas
Here is how OnlineDivorce.com makes completing divorce papers easier:
We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
