How To File For Divorce In Texas

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You’re considering getting a divorce in Texas.

But you have no idea what to expect, how much it’s going to cost, or what you should do.

You’re not alone.

Getting a divorce in Texas is full of complexities.

And most Texas divorce lawyers don’t take the time to explain anything thoroughly to you.

That’s why we made this comprehensive guide for how to file for divorce in Texas.

Let’s dig in.

What You’ll Learn About Divorce In Texas

2 Fundamental Ways To Get A Divorce You Can Do
Revealing Practical Steps To File For Divorce The Right Way
How To Get Access To The Best Reliable Divorce Papers
A Complete Step By Step Divorce Process
The Big 4 Types of Divorce
13 Grounds For Divorce (Which One You Need To Use)
5 Important Divorce Laws You Should Learn
Focus On This Now To Make Your Divorce Affordable
The Best Way To Actually To Have A Successful Divorce

Divorce can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.

If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.

Filing For Divorce in Texas

There are a couple of ways you could go about how to file for divorce in Texas.

You can:

do it yourself
hire a divorce lawyer

If you’re filing for divorce in Texas on your own, it’s a pretty simple process (more on this below).

If you and your spouse agree on EVERYTHING, you can file for an uncontested divorce in Texas.

Let’s chat about contested divorce because most divorces get contested.

Some of the struggles you’re going to face are:

filling out the Texas divorce papers correctly
serving your spouse the Texas divorce forms
negotiating with your spouse’s divorce lawyer
proving that you deserve more custody
proving that you’re a fit parent
proving that you need more alimony to get on your feet
or proving that your spouse deserves less alimony
discovering hidden assets

You get the point.

Figuring out how to get a divorce in Texas is the easy part.

The divorce process in Texas is the tough part.

To get a divorce, start by consulting with divorce lawyers.

Once you find the one you like, hire them.

They will start the divorce process for you.

But if you don’t want to hire a divorce lawyer, let’s talk about how to file for divorce in Texas.

Related: I Want To Leave My Husband

How To File For Divorce In Texas

Okay, so you want to know how to file for divorce in Texas.

(Or maybe you just want to know what your divorce lawyer is going to do.)

Either way, to file for divorce in Texas, you will:

fill out the Texas divorce papers
choose your grounds for divorce
file for divorce at your local Superior Court
serve your spouse the divorce papers

When you file for divorce in Texas, you will need to include:

information about your spouse
where you got married (date and city/state)
the legal reasons for divorce
a list of your assets and debts
a description of how you’d like to split those up
who will remain in the marital home
information about your children (if any minors)
a proposed parenting plan

Even if you are having an uncontested divorce in Texas, you will still need to follow these steps.

If you have a contested divorce in Texas, you may not agree with your spouse on:

the parenting plan
who keeps the marital home
how to split assets and debts

If you’re filing for a contested divorce, you either:

are discussing it with your spouse before you file for divorce
are filing for divorce and your spouse doesn’t know

Either way is fine.

You can file for divorce in Texas without informing your spouse.

When you do this, fill out the divorce papers with your desired outcomes.

Meaning, inform the courts of your ideal:

parenting plan
division of assets and debts
situation with the marital home

When you serve your spouse with the divorce papers, they have an opportunity to respond.

Their response is their opportunity to:

challenge the information (i.e., the grounds for divorce)
challenge the proposed division of custody, assets, and debts

If they do not submit a formal response to the courts, you can get a default divorce judgment.

This means that the judge will grant you the arrangements you asked for in the divorce papers.

Meaning you get what you wanted for:

the marital home
child custody
child visitation
division of assets and debts

Where Do I Go To File For Divorce In Texas

Wondering where do I go to file for divorce in Texas?

You will file for divorce at the Superior Court in the county that you live in.

If you don’t meet the residency requirements for Texas, you will file in the county your spouse lives in.

If you have a divorce lawyer handling your case, they will file for divorce for you.

We will deliver the divorce petition to the appropriate Superior Court.

But some of our clients ask how to file for divorce when a spouse is out of state.

How To File For Divorce When Spouse Is Out Of State

To file for divorce when a spouse is out of state, you will file in the state of residence.

You can only file for divorce in the state where you or your spouse meet the residency requirements.

Let’s say you have lived in Texas for 3 years.

But your husband just relocated to Tennessee for work during your separation.

And he moved to Tennessee 7 months ago.

Even though your spouse is out of state, you are still a resident of Texas.

You can file for divorce in Texas when a spouse is out of state and you’re a resident of Texas.

But your spouse is now a resident of Tennessee.

(They have been there 6+ months.)

That means that they can file for divorce in Tennessee.

When one spouse files for divorce when a spouse is out of state, the respondent has to travel back to that state for court.

For instance, if you filed for divorce in Texas, your spouse would have to come back to Texas for any court hearings.

They would also have to come back and hire a divorce lawyer in Texas.

This is because lawyers can only practice in the state they are licensed in.

They cannot hire an out of state attorney to represent them.

How To Get Online Divorce Papers In Texas

You can get your online Texas divorce forms from our Products page.

These divorce papers are tailored for Texas’ divorce laws.

You can fill these out and file them at your local Superior Court.

It includes your petition for divorce in Texas and the legal separation agreement.

Texas Divorce Forms

These are all of the Texas divorce forms that you’ll need.

This is applicable whether you’re getting a divorce in Texas online or with a lawyer.

Petition For Divorce In Texas

You can get your petition for divorce in Texas from the Superior Court or you can buy divorce papers online.

If you are filing for divorce with a divorce lawyer, they will provide you with your petition for divorce.

Legal Separation Agreement Texas

To file for divorce in Texas, you have to first be legally separated.

But there is not a required amount of time that you have to be separated before filing for divorce in Texas.

And the legal separation does not have to be a formal agreement.

There are two ways that you can have a “separation agreement” in Texas.

either spouse moves out of the marital home
either spouse moves into another bedroom

But you are not legally separated unless you do one of these two actions with the intent to divorce.

Again, you do not have to have a separation agreement in Texas.

Related: How to Leave Your Husband

Texas Child Custody Agreement

A Texas child custody agreement will include:

a custody split between parents
the visitation schedule
the parenting provisions
child support information

If you’re having an uncontested divorce in Texas, you’ll need to fill this out with your ex.

Since it’s uncontested, you both will have to fully agree on the solution to these issues.

If you do not agree with each other, it’s a contested divorce in Texas.

And you’ll need to let your divorce lawyers negotiate on your child custody agreement.

Texas Name Change Form

To legally change your name, you need to submit a:

Name Change Petition
Verification form
Notice of Petition

File a petition to the Clerk’s Office of the Superior Court of the county where you reside.

You must complete and sign all required paperwork for your petition.

Some forms may also need to be notarized by a Notary Public.

Keep a copy of these forms for your record.

After the courts approve your name change, you’ll need to update all your IDs.

How To File For Divorce In Texas Without A Lawyer

So, you’ve legally separated from your spouse.

Now you’re able to file for divorce in Texas.

If you’re hiring a divorce lawyer, they will do this for you.

But for this section, I’m assuming you’re not hiring a divorce lawyer.

So, you’re wondering how to file for divorce in Texas without a lawyer.

If you are filing for divorce without a lawyer, you are representing yourself.

I’m hoping that you and your spouse are having an uncontested divorce.

Filing for divorce without a lawyer for a contested divorce is risky.

To file for divorce in Texas without a lawyer, sit down with your spouse and:

discuss, negotiate, and agree on the terms of your divorce
decide on your parenting plan, division of assets, alimony, child support, and the marital home
fill out the Texas divorce papers
file the divorce papers at the appropriate Superior Court
serve your spouse the divorce papers
provide proof to the courts that you served your spouse
schedule a divorce court hearing
present your case to the judge
obtain your final decision from the judge

If you and your spouse are having an amicable divorce, this is how to file for divorce in Texas without a lawyer.

If you are having a contested divorce, you should hire a divorce lawyer.

Fill out the form on this page for a free consultation.

The Process For Divorce In Texas

The divorce process in Texas is pretty straight forward.

It’s all the emotional turmoil that happens during the divorce process that’s hard.

So, what can you expect during the divorce process in Texas?

File your divorce forms.
Get your temporary divorce orders.
Do your divorce discovery.
Attend divorce mediation.
Show up to divorce court.
Complete the divorce.
Appeal the divorce (if you want to).

That’s the process for divorce in Texas in a nutshell.

Next, let’s talk about how long does a divorce take.

How Long Does A Divorce Take In Texas

How long does a divorce take depends on the type of divorce you’re having.

You’re either having a contested or uncontested divorce.

While every divorce is different, there are averages we can apply to how long does a divorce take.

From our experience, the averages are:

Uncontested Divorce	~ 2 Months
Contested Divorce	6 - 12 Months
Contested Divorce with Kids	9+ Months

Now that we know how long does a divorce take in Texas, let’s talk about the types of divorce more in-depth.

Types of Divorce in Texas

We’ve touched on the types of divorces in Texas already.

Let’s go into more detail about how they will affect you.

Legal Separations In Texas
Uncontested Divorce In Texas
Contested Divorce in Texas
Annulment In Texas

Legal Separation In Texas

I know, legal separations are technically not a type of divorce in Texas.

But you have to be legally separated in Texas to get a divorce.

So, I wanted to cover it a little more for you.

In a legal separation in Texas, the couple can establish boundaries and responsibilities, such as:

custody of the children
child support
division of assets and debts
alimony

For legal separations in Texas, you do not need a formal agreement.

When either spouse moves out or moves into another bedroom with the intent to divorce, it’s a legal separation.

The key part here is “with the intent to divorce.”

If you are not intending to divorce, you will need to file a separation agreement in Texas.

Legal separation is a different status compared to being divorced in Texas.

So, you’re probably wondering, “Why would I get a legal separation instead of a divorce?”

With legal separations in Texas, you can:

keep everyone on the health insurance
keep the family ‘together’ for the children
avoid divorce for religious purposes
avoid the costs of divorce
remain married if you’re unsure a divorce is a right solution

If you are legally separating without the intent to divorce, fill out a Texas separation agreement.

The separation agreement in Texas will have an expiration date.

After it expires, you are no longer legally separated.

If you do not include an expiration date, then the separation agreement is valid until:

you get a divorce in Texas
the separation agreement gets modified
you get an order to dismiss the separation agreement

How To File For Legal Separation In Texas

Let’s talk about how to file for legal separations in Texas.

The steps to file for legal separation are:

confirm you meet Texas’s residency requirements
consult with a divorce lawyer in Texas
file a Petition for Legal Separations in Texas
file your Legal Separations Agreement
serve your spouse the Legal Separations Agreement
settle unresolved issues you have
sign and notarize the Legal Separations Agreement

The first type of divorce is an uncontested divorce in Texas.

Uncontested Divorce In Texas

An uncontested divorce in Texas is one where neither party is fighting.

Filing for an uncontested divorce in Texas can save time and money.

This is because the divorce process is streamlined.

To have an uncontested divorce in Texas, both parties must 100% agree on all issues, like:

division of assets
division of debts
child custody (physical and legal)
child visitation
child support
alimony

You may not agree on everything when you decide to get divorced.

But as long as you agree on everything when you file, you can have an uncontested divorce in Texas.

This is because when you file for divorce, you will need to include your desired outcome for the divorce.

Again, the issues you need to agree on when filing for an uncontested divorce in Texas are the ones listed above.

Contested Divorce in Texas

A contested divorce in Texas is one where the spouses disagree on one or more issues.

A contested divorce adds some steps to the divorce process in Texas.

These extra steps, in no order, are:

divorce discovery
pre-trial motions and hearings
settlement proposals
negotiations with attorneys
divorce mediation
going to trial

When your divorce gets contested, it adds:

thousands of dollars to your cost of divorce
months to how long your divorce takes

Your lawyer will be able to negotiate on your behalf.

An experienced divorce lawyer can settle most of your issues outside of court.

This will save you thousands of dollars on your contested divorce in Texas.

Annulment In Texas

If you are trying to file for an annulment in Texas, you have to meet the requirements.

An annulment will void your marriage.

This means that it never existed per the law.

The grounds for annulment in Texas are:

Marriage Prohibited By Law: The spouses are too closely related, which is considered incestuous.
Mental Illness: Either spouse was mentally ill at the time of marriage.
Mental Incapacity: Either spouse was under the influence of drugs or alcohol. They were not able to make an informed consent.
Bigamy: Either spouse was already legally married to another person at the time of marriage.
Forced Consent: One of the spouses was forced or threatened. They entered into the marriage under duress.
Fraud: The spouses consented to the marriage because of coercion or fraud.
Underage Marriage: One spouse was underage and the parents’ did not consent to the marriage.

There is no time limit to getting an annulment in Texas.

You just have to meet the requirements for an annulment in Texas.

Next, let’s talk about the grounds for divorce in Texas.

Grounds For Divorce In Texas

When you file for divorce in Texas, the courts will ask you to select a grounds for divorce.

The most commonly used grounds for divorce in Texas is “Irreconcilable Differences.”

This means that neither spouse is at fault for causing the divorce.

But that the divorce is irretrievably broken.

There are 13 grounds for divorce in Texas. They are:

Adultery
Bigamy
Abuse and Cruelty
Abandonment or Desertion
Mental Capacity
Mental Illness
Criminal Conviction
Forced or Fraudulent Marriage
Alcohol and Drug Abuse
Inability To Have Children
Married to Relatives
Pregnancy By Another Man
Irreconcilable Differences

The most common fault-based grounds for divorce in Texas are adultery and abandonment.

Regardless of which legal reasons for divorce you select, you will have to prove them.

Let’s say you choose adultery as your grounds for divorce in Texas.

Then you will have to prove that your spouse had sexual intercourse outside of the marriage.

Fill out the form on this page and we can walk you through how to gather the right evidence.

Abandonment Divorce

Trying to figure out if you have an abandonment divorce?

To use abandonment as your grounds for divorce in Texas, your spouse has to have:

had the willful intent to desert you
be gone for 1+ years

Let’s say a spouse has children that are financially dependent on them.

Then an abandonment divorce can turn into criminal abandonment.

Let’s talk about the adultery laws in Texas.

Related: Divorce as a Stay at Home Mom

Adultery Laws In Texas

Adultery is the most commonly used fault-based grounds for divorce in Texas that we see.

Per the adultery laws in Texas, adultery is a spouse having a sexual relationship outside of the marriage.

There are other nit-picky things with the adultery laws in Texas.

Sexting, oral, or kissing another person is not considered adultery.

According to the adultery laws in Texas, only intercourse gets considered adultery.

Next topic?

The Texas divorce laws that are going to affect you the most.

Texas Residency Requirements

Per the divorce laws in Texas, you have to meet the Texas residency requirements for divorce.

The divorce laws in Texas state that either spouse must have lived in Texas for 6 months.

And that you must have been a resident of the county you file for divorce in for at least 90 days.

This 6 month period must be consecutive and must be the six months before filing for divorce in Texas.

Related: Moving Out Of State With Child

How Are Assets Divided In A Divorce

A common question we get is how are assets divided in a divorce.

This is one of those, “It depends,” questions.

But, let’s go over some general guidelines of how are assets divided in a divorce.

If it’s separate property the owner will get the house.

If it’s marital property, it can:

be sold and the profits split
you can buy your spouse out
you can agree to sell it at a later date to maximize profits

Let’s say one spouse gets the majority of child custody.

The judge wants to keep the children in the marital home.

If there are enough assets, the judge will let the custodial parent keep the house.

But they will have to give up something of equal value.

Let’s say the equity in the marital home is $50,000.

If the custodial parent has $50,000 in their 401k, they can cash that out and trade it for the marital home.

When it comes to how are assets divided in a divorce, Texas is an equitable distribution state.

Equitable Distribution

Equitable distribution in divorce is how courts fairly split up the marital property when filing for a divorce.

Equitable distribution does not mean everything is split 50/50 in a divorce.

It means there will be a fair division of assets and debts.

Who Gets The House In A Divorce

Who keeps the house in a divorce depends on:

alimony
child support
the income of each spouse
the reason for divorce
separate property

A custodial who lives with the children may get to keep the house in a divorce.

The judge could also order that the house get sold and the income get split between spouses.

When filing for divorce in Texas, the judges factor in who has primary custody.

They want to provide the children with a stable environment.

If you have to sell your house in a divorce, this is usually based on the affordability of the home.

When you go from two incomes to one, each spouse may not be able to individually afford the house.

If you are selling a house in a divorce, the income from the selling of the home is not always split 50/50.

The couple will either get ordered to split the profits of the house:

equally between each other
based on what gets deemed fair by the judge

Our clients frequently ask us is Texas a community property state.

Is Texas A Community Property State?

Texas is a community property state.

Community property states require spouses to split everything 50/50.

Texas is an equitable distribution state.

Texas divides assets up based on the equitable interest each spouse has in it.

Common-Law Marriage In Texas

Common-law marriage in Texas got is still a valid marriage.

Any common-law marriages that happened before this date get grandfathered in.

But common-law marriages in Texas are still legal.

To prove that you have a valid common law marriage in Texas, you need to show that you:

“agreed to be married”
“after the agreement, they lived together in this state as husband and wife”
“represented to others that they were married”

Is Texas A No Fault Divorce State

Texas is a no-fault divorce state.

The most common grounds for divorce is irreconcilable differences.

This means that the spouses cannot get along and they want to end their marriage.

How Much Does A Divorce Cost In Texas

Everyone wants to know how much does a divorce cost in Texas.

But how much is a divorce in Texas is up to you and your spouse.

It depends on whether you have:

an uncontested divorce in Texas
a no-fault divorce in Texas
a contested divorce in Texas

How To Have A Cheap Divorce in Texas

I just want to be blunt with you.

If you want a cheap divorce in Texas, you need to have an uncontested divorce.

Uncontested divorces are the best route to have a cheap divorce.

Do whatever you can to negotiate and settle your issues before you file for divorce.

So, what is the cost of uncontested divorce in Texas?

Cost Of Uncontested Divorce In Texas

The cost of an uncontested divorce in Texas can be as little as $870.

This is without an attorney and without children.

But if you hire an attorney, the average cost of uncontested divorce in Texas is $4,100.

So, you’re probably thinking, why do I need a divorce lawyer for an uncontested divorce?

The divorce laws in Texas can be difficult to navigate.

You should at least have a divorce lawyer review your divorce papers in Texas.

How Much Does A No-Fault Divorce Cost In Texas

The cost of a no-fault divorce in Texas averages about $15,000.

Basically, a no-fault divorce is just if:

you guys fell out of love
decided the marriage isn’t going to work out
someone decided to pursue a religion you don’t want
your life goals end up being different

Nothing drastic or bad has happened, but you just don’t want to be married anymore.

This type of divorce, after uncontested, is the divorce that requires the least amount of divorce attorney involvement.

Cost Of Contested Divorce In Texas

The cost of a contested divorce in Texas averages $20,400.

A contested divorce in Texas encompasses issues like:

child custody in Texas
child support in Texas
money division
splitting assets in divorce
splitting up a company
alimony in Texas

These are going to be issues where you and your spouse’s attorneys will:

spend numerous hours negotiating
formulate offers and counteroffers
show up in court

Next, let’s talk about alimony in Texas and what you can expect.

Alimony In Texas

There are two types of alimony in Texas. They are:

temporary alimony
permanent alimony

Temporary alimony in Texas is only paid during the divorce process.

Once the divorce gets finalized, temporary alimony gets replaced by permanent alimony.

Permanent alimony in Texas is alimony that gets paid after the divorce is final for a set period of time.

For alimony in Texas, the courts will take into consideration:

the marital standard of living
the length of the marriage
each spouse’s age, physical, and emotional health
each spouse’s financial resources
the grounds for divorce

Either spouse can request alimony in Texas.

But to award alimony, the courts must determine that:

one spouse needs financial support
the other spouse can afford financial support

A spouse who abandoned the marriage or committed adultery will most likely not be awarded any alimony in Texas.

Let’s assume there is:

no adultery
no abandonment
the financial need for alimony
the ability to afford paying alimony

In this event, the judge will weigh each factor equally to determine:

if alimony is appropriate
the type, duration, and amount of alimony in Texas

Some clients ask us how long do you have to be married to get alimony.

How Long Do You Have To Be Married To Get Alimony

For alimony in Texas, a marriage of less than a year is rarely awarded alimony.

The length of alimony in Texas is usually 1/3 the length of the marriage.

Meaning, if your marriage was 9 years long, one spouse would get alimony for three years.

How To Have A Successful Divorce In Texas

If you want the best divorce attorneys to represent you, fill out the form below.

We have the experience needed to ensure that your rights are protected.

This means that you don’t wrongfully lose custody of your children.

We also make sure that your divorce judgment is equitable and fair.

This means you don’t get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

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