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Texas Divorce Online is a service created in Texas that allows you to complete your official Texas Petition for Dissolution of Marriage, commonly known as divorce, online.
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Divorce in Texas
The divorce process in Texas can vary depending upon many factors. Ultimately, though, there are two main broad categories: 1) uncontested divorces; and 2) contested divorces. An uncontested, or agreed, divorce is when the divorcing spouses work together to achieve an agreement on all of the issues that need to be resolved. Contested divorces are when the divorcing spouses choose not to work together to reach agreement, and instead they litigate and turn over the decision-making to the judge.
Texas Divorce Online works with couples who are in complete agreement on all of the terms of their divorce, and who want professional, attorney-prepared divorce paperwork drafted specifically for them based on their agreements and their court’s requirements.
In order to file for Divorce in Texas, you must have been a resident of the State of Texas for at least six months, and a resident of the county in which you file your divorce for at least 90 days. The spouse that files the divorce is called the Petitioner. There are several grounds for divorce in Texas, but the most common ground is “No-fault,” which essentially states that the marriage is no longer workable, and neither party is assigned the blame for the divorce.
Uncontested or Agreed Divorce in Texas
An agreed divorce is when you and your spouse agree to dissolve your divorce and agree to all the terms of the divorce. You must agree on how to divide all of your assets and debts in order for your divorce to be agreed. If you have children, you must also agree the terms of custody, visitation, and child support for your divorce to be agreed.
To qualify for an uncontested divorce in Texas the following must be true:
- You and your spouse agree that the marriage is insupportable – which means it cannot be saved.
- You and your spouse agree on how the two of you will divide all of your assets (the things that you own), and you agree on how the two of you will divide all of your debts (who will pay what portion of the money you both owe), and you both agree and accept this division as a fair and equitable one.
- You and your spouse are both willing to sign the final divorce decree and related documents.
- You or your spouse is willing to go to the final hearing.
- If you and your spouse have minor or dependent children together, then you must be in agreement regarding the visitation schedule for the child(ren); and you must agree on the amount of child support that will be paid by the non-primary parent (the parent with whom the child(ren) resides the least). The amount of child support paid must be according to the child support guidelines outlined in the Texas Family Code, unless you can show the court good cause to deviate from those guidelines.
Common Questions about Divorce in Texas
1. How quickly will my divorce be finalized?
A hearing to finalize your divorce will be scheduled by the clerk at the earliest possible date dependent upon the court's schedule. In Texas, there is a mandatory sixty day waiting period before a divorce can be heard. This means that the earliest the hearing can be scheduled is sixty-one days after filing your Petition for Divorce.
2. In what county may we file our Petition for Divorce in Texas?
If either you or your spouse has met the Texas six month residency requirement, then you may file your Petition for Divorce in the county that either you or your spouse has been a resident of for the immediately preceding ninety days. Typically, the divorce is filed in the county where the Petitioner (the one who files) resides.
3. What if I do not know where my spouse is?
If you don’t know where your spouse is living, there are additional steps that must be taken to finalize your divorce. Texas Divorce Online can still help you obtain your divorce. There are some additional documents required and additional steps to take to finalize your divorce, but it is still a process that you can complete with our assistance.