Get a divorce in Texas: Forms, costs and how to start | finder.com
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How to get a divorce in Texas

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There are various ways to get a divorce, but not all of them need to be difficult.

By the time you or your loved one has come to the difficult decision to divorce, the last thing you want to think about is navigating a potentially complicated and expensive process. If you and your spouse can agree on the terms of the divorce, for example, you may be able to complete the process online.

Here’s what you need to know to get started in Texas: the requirements, the costs and paths you can take to complete your divorce.

Can I get a divorce in Texas?

To get a divorce in Texas, you or your spouse must have:

  • Lived in Texas for at least six months.
  • Lived in the county the divorce will be filed in for at least 90 days.

If you meet these requirements, you or your spouse can initiate the divorce process by filing a divorce petition.

In Texas, you do not need to prove any wrongdoing on your spouse’s part to get a divorce (in other words, you can pursue a no-fault divorce). A common reason given for divorce is “irreconcilable differences,” and you can get a divorce even without your spouse agreeing to it.

Can I get a divorce in Texas without going to court?

Whether you need to go to court depends on whether your divorce is contested or uncontested. Before you and your spouse can be divorced, you both need to reach an agreement on the divorce terms.

Contested divorce

If you do not agree on the terms, your divorce is contested. In this case, the issues you and your spouse disagree on may need to be settled by a court.

Even if you and your spouse disagree on some issues, you do not necessarily need to go to court. Here are a few alternative paths:

  • Mediation. Someone impartial helps you and your spouse come to an agreement.
  • Collaborative divorce. You and your spouse negotiate an agreement through lawyers trained in collaborative law.

Uncontested divorce

If you and your spouse agree on the terms of your divorce (meaning you have an uncontested divorce), you do not have to appear in court. It is possible to complete your divorce by drafting an agreement and filling out the appropriate forms, then sending them to the court.

There are various ways to complete an uncontested divorce, including:

  • Doing it yourself. Handling the divorce process yourself can be complicated, but it is possible.
  • Using an online divorce service. Online services like Wevorce and MyDivorcePapers offer self-guided divorce preparation. They can cost more than preparing your divorce entirely on your own, but they streamline the process by giving you structure and guidance.
  • Hiring lawyers. Family law lawyers can prepare your divorce and provide personalized guidance throughout the process. As we’ll discuss in the next section, this will likely be your most expensive option.

How much will it cost?

It will cost you approximately $300 to file your divorce petition with the court. You may pay additional court fees depending on your county.

Additional costs for your divorce will vary depending on which route you take to resolve it. Here are approximate costs for various paths.

Doing it yourself

Preparing your divorce yourself will cost little to nothing besides additional court fees you may need to pay. However, the process takes more time, because you will need to conduct your own research and ensure you have filled out the divorce forms correctly.

Hiring lawyers

According to a study by Martindale Nolo Research, the average cost for a divorce in Texas is $15,600 when hiring divorce attorneys.

If your divorce is relatively simple, the cost will be around a few thousand dollars at a minimum. For complicated divorces (for example, those involving child custody), the cost could be as high as $34,000.

Typically, lawyers will bill you hourly — $300 per hour on average. If you choose to hire divorce lawyers, consider negotiating a flat fee for your divorce.

Using online divorce services

Online divorce services typically cost around a few hundred dollars. Costs vary depending on the benefits offered. For example, some services only help you prepare the right forms; others provide tutorials, professional review of your documents and spousal-support plans.

To give you an idea of the range of costs, here are a few online divorce websites and what they charge:

  • MyDivorcePapers: $159
  • Wevorce: $749
  • CompleteCase: $299
Rates last updated July 17th, 2018
Details Features
Wevorce
Wevorce
Wevorce connects you with certified divorce experts to help you get through your divorce amicably.
  • Easy-to-follow filing instructions
  • Completion of all documents for both spouses
  • Marriage settlement agreement
Go to site More info
MyDivorcePapers.com
MyDivorcePapers.com
We complete the forms and guarantee court approval on all online divorce papers.
  • Help with parenting plans
  • Unlimited live chat and phone support
  • Video library
Go to site More info

How long will it take?

By law, it will take at least 60 days before a divorce is finalized. Time starts ticking from when the divorce petition is filed with the court.

A divorce may take longer than 60 days, depending on the complexity of issues in the divorce and how much you and your spouse can agree on the terms.

Issues that could lengthen the divorce process include:

  • Division of property
  • Custody of children
  • Child support
  • Visitation rights
  • Alimony

According to a study by Martindale Nolo Research, the average divorce takes 12.5 months to complete with divorce attorneys. Whether you have children with your spouse affects this timing: about 10 months if no children and about 14 months if children are involved.

If you and your spouse agree on most issues, the details of your divorce could be settled relatively quickly. For example, an online service for uncontested divorces can help a couple come to a resolution in as little as a month. (By law, however, it takes 60 days before the marriage is legally ended.)

How do I prepare for filing online?

Online divorce services are for couples who can work together on divorce terms and who agree on most issues. To use one, you need to:

  • Know where your spouse is.
  • Agree with your spouse on the division of assets and property, as well as child-related matters.

Once you purchase a plan with your online divorce service, you will be given the relevant divorce forms for your county.

How to get a divorce online

Online divorce services like Wevorce and MyDivorcePapers make it easy to quickly get the divorce process rolling.

While the signup process may vary by service, in general you’ll:

  1. Go to the online divorce service website.
  2. Enter your name and contact information.
  3. Specify where you’re filing and whether you have children.
  4. Indicate your spouse’s information and whether you know their whereabouts.
  5. Enter a payment method and confirm to start the process.

Getting a divorce online — now what?

If you’ve signed up for an online divorce service, you will be presented with the divorce forms you need to complete. You will also be given instructions on how to file the documents with your local court.

Rest assured that your online divorce service will guide you from the beginning to the end of the process, when you can move on to healing.

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8 Responses

  1. Default Gravatar
    FeliciaMay 28, 2018

    How do I file for divorce if I do not know the whereabouts of my spouse and am unable to get in contact with him?

    • finder Customer Care
      joelmarceloMay 29, 2018Staff

      Hi Felicia,

      Thanks for leaving a question on finder.

      Once you’ve exhausted all of your efforts and received approval from the court, you can publish an advertisement in a local newspaper notifying your missing spouse of the divorce proceedings in process. Please note that the ad should run after the divorce is filed and the choice of which newspaper is typically left up to you, although you may want to verify this with the court clerk as there may be a recommended paper typically used by the court or a requirement as to the size of the paper’s circulation for such matters.

      Assuming your missing spouse does not respond within a timeframe, your divorce would then be granted as a default judgment. The court would grant you a divorce and decide all of the terms of the divorce in the manner which you have requested.

      Alternatively, you can speak with a divorce lawyer to get a professional response. Wevorce and Mydivorcepapers.com can connect you with a professional who can help you.

      Cheers,
      Joel

  2. Default Gravatar
    HarmonicRavenMay 26, 2018

    I have already prepared my divorce papers from my ex which include the Original Petition and the Final divorce papers which my ex has already signed and agreed upon.

    I just need to know where to file the papers for Harris County, TX and how much it’ll cost and if I need a money order, cash or just a debit card? I can’t seem to find the information anywhere.

    I don’t want to file online if it’s cheaper to file them in person. But if it ends up being much easier, I might consider it.

    • finder Customer Care
      JeniMay 26, 2018Staff

      Hi HarmonicRaven,

      Thank you for getting in touch with finder.

      You can file your papers in Harris County District Court at 201 Caroline, Suite 420 Houston, Texas 77002. The district clerk filing fee is for $50. Other fees and costs due at the time of filing divorce in Harris County District Court can be seen in this page. They accept cash, credit cards, money orders, cashier’s checks and traveler’s checks dated within 90 days of current date. Please see this page for your payment option.

      I hope this helps.

      Have a great day!

      Cheers,
      Jeni

  3. Default Gravatar
    EApril 27, 2018

    If I file for divorce in one county but move to another county a few weeks after filing, does the paperwork still stand to go through or would I have to start the process over again in the new county?

    • finder Customer Care
      JhezelynApril 28, 2018Staff

      Hi EJ,

      Thank you for your comment.

      Generally, the divorce petition usually must be filed in the county of residence of the person filing for divorce regardless of where the couple was married. If you move to another county, the file will still move or will be processed.

      Best to talk with your lawyer for more details.

      Regards,
      Jhezelyn

  4. Default Gravatar
    MaryApril 10, 2018

    Will the online services be able to help me if my spouse is incarcerated?

    • finder Customer Care
      JoshuaApril 10, 2018Staff

      Hi Mary,

      Thanks for getting in touch with finder.

      You want to know whether the online services can help you if your spouse is incarcerated. The answer to your question is it depends.

      In this day and age, Texas now allows you to file for divorce online, and they make it easy to do so. However, not all courts in Texas allow online divorce filing. Most circuit courts accept electronic filings. However, some country courts in the less populated areas would require you to file divorce in person. You may want to check with your local court to make sure e-filing is an available option for you.

      I hope this helps. Should you have further questions, please don’t hesitate to reach us out again.

      Have a wonderful day!

      Cheers,
      Joshua

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