See if you Qualify in Texas
Online Divorce provides qualitative and approved by the court Texas divorce papers. The information below will help you understand more about the divorce in Texas. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Texas. We guarantee that in a short time you will receive the correct Texas divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Texas:
1. First of all you have to be lawfully married. Rules of the state of texas allow couples to file for a divorce in Texas only in case if they are were married legally.
However, it does not matter where the wedding ceremony took place. You could get married in some other state, the main thing is that your marriage is recognized by the laws of Texas.
2. Your or your spouse must meet the residency requirements of the state of Texas.
3. You must have fault of no-fault grounds based on which you want to file for a divorce in the state of Texas.
4. You must come to a common agreement with your spouse regarding the issues of custody of child, child support, payment of alimony and property division. If this is done, then you can formalize an uncontested divorce. If there is no single agreement on any issue, then you file for a contested divorce, which means that the court will independently decide on your dispute.
5. You have to fill out Texas divorce papers. This is one of the longest and most time consuming processes, because what kind of documents you should fill out will depend on the type of your divorce. It does not matter, either it is uncontested, or it is a contested divorce, you still need to fill out the forms established by the law of the state of Texas. Please note that if you make mistakes when filling out forms or fill out documents that do not relate to the circumstances of your divorce, the court will reject your application, which will lead to the fact that your divorce proceedings will be delayed. However, do not be afraid, you can initiate an online divorce in Texas using the online divorce service, simply by answering questions about your marriage. In this way it can greatly speed up the process of divorce, as well as give you guarantees that you will receive correctly filled papers that correspond to the circumstances of your divorce.
6. Once the divorce form documents are ready you have to file them to the court. And wait while the court will take a decision regarding your case.
If you decided to break off a marriage and want to apply for a divorce in Texas, then to meet residency requirements at least one of the spouses must reside in the state within 6 months before filing the application. Moreover you or your spouse must be a resident of the county where you want to get a divorce for at least 90 days. Also note that it's a required 60 days waiting period in the state.
Residents of Texas who are representatives of the armed forces, whose place of dislocation is outside the state or country, are still considered as residents of the state of Texas. Representatives of the armed forces who are not residents of the state, but are dislocated at a military base in Texas, at least for the last 6 months, also satisfy residency requirements to be able to file a divorce and fill out Texas divorce papers.
Valid Grounds to get divorce
In Texas, there are 2 possible divorce options: no-fault and fault. The second one means that you want to issue a divorce because your spouse has committed any serious mistake during the marriage, which you will have to prove in court. If you do not want to publicize the internal problems of the family and do not want publicly discuss all the faults of your marriage, then it makes sense to formalize a no-fault divorce, which means that your marriage is considered to be irretrievably broken because of disagreements in the family.
The following reasons can be attributed to the grounds
1) Domestic violence or ill-treatment. You can get a divorce in Texas based on the fact that your spouse has cruelly treated you and the existence of this fact can be proved in the court.
2) A complex mental illness of one of the spouses or imprisonment in a psychiatric hospital for a period of more than 3 years. The court can grant a divorce for this reason if at the time of filing your application (suit), your spouse has been in a public or private psychiatric hospital for a period of at least 3 years and there is reason to believe that the degree and severity of the illness is such that your spouse does not have chances of recovery, or if the treatment gives positive results, but in the future, heavy relapses are possible.
3) Adultery. The divorce can be granted for such reason in case if you can prove in the court that your spouse has committed misconduct.
4) Abandonment. The divorce can be granted for such reason in case if one of the spouses voluntarily left the second for a period of more than one year.
5) The criminal term of one of the spouses, received during the marriage. The court may grant a divorce in favor of one spouse if during the marriage the other spouse has been convicted of a felony; has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and has not been pardoned. The court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.
6) Marital misunderstanding. Divorce can be granted if there are irreconcilable circumstances between spouses because of a joint strife or conflict of interests that destroys marital values and makes it impossible for any attempts to reconcillation.
Please note that in your divorce form documents it's not enough just to mention the ground of your divorce, you also have to prove it in the court. This applies only to those divorces in the state of Texas, which are served on the basis of the fault reasons.
Pay attention to the exception: even if you meet all residency and grounds requirements, but one of the spouses is pregnant and not even from the legal spouse, then it is better to file for divorce after the birth of the child. As in cases of pregnancy, most Texas courts prefer to postpone judgment until the birth of a child
There are situations when the marriage was concluded in fraudulent way, such a marriage is considered void. One of the parties may demand annulment of the marriage, stating that it was concluded on fraudulent grounds.
In order to formalize an annulment, the couple had to marry in the state of Texas or at least one of the parties is a resident of the state.
Annulment can be made on the basis of the following circumstances:
1. At the time of the ceremony, one of the spouses was between 16 and 18 years of age and the marriage was concluded without the consent of the parents or the relevant court order.
2. At the time of marriage, one of the parties was under the influence of narcotic substances or alcohol intoxication and could not soberly and clearly assess the situation and consequently was unable to give consent to the marriage.
3. One of the spouses forced the second to marry by force.
4. One of the parties suffered from a mental illness at the time of marriage and did not have the opportunity to independently decide on the marriage.
5. If at the time of the marriage one of the spouses hid the fact that his/her previous marriage was dissolved less than 30 days ago, and the application for annulment was filed less than a year after the conclusion of current marriage.
6. The parties have married less than 72 hours after receiving the marriage license, and the application for cancellation is filed less than 30 days after the marriage.
Keep in mind that if you want to cancel a marriage for one of the reasons above, you should not voluntarily reside with your spouse after the legal study of the problem of the void marriage. The marriage can not be cancelled in the event of the death of one of the spouses.
Custody of the Child
In Texas, there is a separate term for guardianship determination - it's a conservatorship. Quite often, courts prefer to award joint custody after divorce, which is called Joint Managing Conservatorship, and implies that both spouses are equally responsible for the child's care. This means that each of the parents has privileges, powers or duties, or the decisions made by them have exactly the same weight as the second spouse.
If the court does not award joint custody, then it means that one of the spouses will have an advantage in making decisions about the child's life, and this is called the Sole Managing Conservatorship.
All common children who are under the age of 18 must be listed in the divorce form documents.
The decision on custody is based on the best interest of the child, the courts of the State of Texas ensure that children have constant contact with the parent who has shown the utmost responsibility and the desire to act in accordance with the best interests of the child.
Rules for Child Support
During consideration of the case regarding divorce in Texas courts may require one or two spouses to financially support common children until they reach the age of 18 or are released from high school. The amount of the child's financial assistance is calculated on the basis of the percentage deducted from the net income of the parents. Courts of Texas are guided by the Varying Percentage of Income Model to calculate the level of financial support for a child after a divorce. This model is based on the ratio of net income of spouses and the number of children born in marriage. If the monthly income of the spouse is $ 6,000 or less, the slumbering ratio is applied:
1 child = 20 percent of income
2 children = 25 percent of income
3 children = 30 percent of income
4 children = 35 percent of income
5 children = 40 percent of income
6 or more children = Not less than the amount for 5 children
If the spouse's monthly income is more than $ 6,000, then the interest rate applies only to the first $ 6,000, and additional monetary compensation for the child's benefit can be counted relative to the remainder of the income if the court considers this reasonable and it will be proved that the child needs additional support.
Usually the parent who is the financial guardian of the child still has to pay for the child's medical insurance, regardless of the amount of support established.
Note that you have to describe not only your spouse income in divorce form documents, but also your level of earnings. This will give the court much more clear understanding regarding the sum of child support
Rules for Spousal Support
The courts may require one of the spouses to pay financial assistance to the second spouse after the divorce in Texas, this may be affected by:
1) the marriage lasted more than 10 years;
2) one of the spouses is disabled;
3) the presence of domestic violence in the family;
4) the financial situation of each spouse;
5) the income of each spouse;
6) education and skills of each spouse;
7) age of spouses and their level of health
According to the legislative base of the state of Texas, the court initially assumes that all property acquired in marriage is the common property of the spouses. Thus, all property registered in the marriage will be divisible by 50 to 50 during the divorce. However, if you have separate property, you must prove to the court that it is yours and nobody else's. Evidence must be clear and convincing. As an individual property can be considered a property that was donated or inherited only by one of the spouses. For example, a house left to you as a legacy from one of the relatives and registered solely on you can be considered a separate private property.
Also, keep in mind that sometimes the amount of wages or fault grounds of divorce can also influence the court's decision regarding the division of property.
Divorce without a lawyer
If you apply for a divorce in Texas, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Texas can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
Any spouse can ask for help from mediators in resolving disputes during a divorce in Texas. In this case, the court will postpone the case for up to 60 days
Divorce Forms in Texas
If you decided to get a divorce in Texas before filing papers to court you should fill out different forms, such as Original Petition for Divorce, Citation, Notice of Service of Process and Decree of Divorce. Perhaps you need to fill out some more documents, it will depend on the district in which you want to formalize the divorce. It's important to be in contact with your local court officer to be sure that you are filling out correct Texas divorce papers. Note that incorrectly filled out documents will lead to a big delays and cash loss in your divorce process.
If you feel that you need a help in filling out divorce form documents you can initiate online divorce in Texas. Such as service onlinedivorce.com - the best provider of online divorces in USA. We will select the forms that are relate to your divorce case, and also help to fill them correctly in accordance with the requirements of the state. Using Online Divorce you can be sure that you will get your Texas divorce papers filled out correctly and in a short time, which will greatly help you to save time, money and nerves during your divorce proceedings.
Uncontested Divorce in Texas
In the other side it is possible to use much more fast, easy and less expensive method to get a divorce just by applying for "Uncontested Divorce" which is a good solution for couples who has agreed on all their controversial issues . When a divorce papers are filled out and registered in any courts which are under the jurisdiction of the State of Texas as an "Uncontested Divorce" it means that the both spouses together have signed their applicable Texas divorce papers to notify the judge that they both spouses agree to all of the disputes of their divorce case, including: the division of the common marital property (as well as assets and debts) acquired in the marriage and the total amount of alimony for spousal support (if the alimony support is requested by one of the parties). However, if there are any minor children under age of 18 that were born during the marriage both spouses also have to come to an agreement regarding the acceptable conditions of the custody, visitation and amount of the support of the children.
When both sides have come to a single agreement regarding all the aspects of the divorce case, and both husband and wife have signed together Texas divorce papers, this type of uncontested divorce is also can be known as a "Texas Agreed Divorce" or an "amicable divorce" (which means that divorce can be considered as friendly case). In the second type of uncontested divorce (here means amicable divorce) both parties work together to obtain their divorce. It is also can be called as a "collaborative divorce."
In the situation where you and your spouse do not have a single solution to the contentious issues or you have disputed that can be resolved without the involvement of a third party, than your divorce will be called contested and the court will independently decide on your differences.
How to Serve Divorce Papers in Texas
Legislation of the state of Texas obliges the person who submits for divorce, to notify his spouse about the registration of the divorce case. You are required to provide your spouse with all copies of Texas divorce documents that you submitted to the judicial office. You can notify your spouse about the initiation of divorce in several ways: it can be the services of a sheriff or a constable, or ways of public disclosure, such as an ad in a newspaper. However, if your spouse signs a form that claims to have been provided with copies of all divorce registration documents, you are able not to use the service requirement.
In case if you want to get a divorce in Texas but do not know your spouse's location, you can order a publication in the newspaper that will be sufficient evidence of the fact that you have notified your spouse. However, keep in mind that this can be quite an expensive way.
After you have submitted your divorce form documents to the court, you can be required to wait at least 60 days until the court issues divorce decision.
Total fees will contain sum of Texas court filing fees and cost of using the service of online divorce in Texas. This cost may vary by county. Please check with your local court officer to determine the exact amount.