In law of Texas allows for “no-fault” divorces, which means you can get a divorce easily without a help of attorney, especially if both parties want divorce and have no assets or custody to divide. Under Texas law, one of the spouses must have resided in Texas for at least six months continuously. In addition, one of the spouses must have lived in the county where the divorce is filed for 90 days prior to the date of filing.
There are 2 ways for DIY Texas divorce:
- Study all the laws and procedures, filling the forms and hope for best.
- Use personalized Texas divorce form filling services which will cost your around $300. Such services include not only form fillings, but also guidance and all necessary instructions to get divorce. Using such service, you can complete divorce in 2 steps:
Step One Documents:
- Instructions for Initiating and Filing the Divorce
- Court-Mandated Coversheet
- Original Petition for Divorce
- Waiver of Service
- Affidavit for UCCJEA Info, if needed
- Blank Health Insurance Availability Form
Step Two Documents:
- Instructions for Finalizing the Divorce
- Final Decree of Divorce
- Military Affidavit, if needed
- Certificate of Last Known Address, if needed
- Hearing Testimony
In case, you decided to file for divorce on your won. Here are the typical steps you should take:
- File an Original Petition for Divorce with the court, and make sure the papers are delivered to the other spouse (the Respondent). If your spouse also wants a divorce, he/she can sign a waiver, giving up the right to be personally served with the papers.
- You can request that the court issue a standard Temporary Restraining Order. If it was issued, the court will schedule a hearing within 14 days.
- If no Temporary Restraining Order is issued, your spouse will have 20 days plus the next following Monday to file a document called an Answer.
- If you and your spouse agreed on everything, you can prepare an Agreed Decree of Divorce, which will contain all of the terms of the agreement. The spouses and the judge sign it.
- If you and your spouse cannot agree on all of the issues, a trial date can be set.
- Before trial, you and your spouse will have to go through mediation to settle all terms of your conflict.
- If mediation fails, the case goes to trial. You will probably need to hire and attorney who will prepare a Final Decree of Divorce for the judge to sign.
Note, even though Texas allows divorce without an attorney, but you have a difficult case – it will be wise to consult an attorney at some point.