DIY Uncontested Divorce in Texas
How to File Your Own Uncontested Divorce in Texas Courts
The steps to filing an uncontested divorce in Texas are as follows:
1. File the petition at the County Clerk's office of your local courthouse. This petition outlines the grounds for divorce and addresses all of the issues in the dissolution of the marriage such as child support payments, visitation, who gets to keep which property, and so on. There is a filing fee of $250-$300 associated with filing the petition. However, if you are unable to pay it, you may submit an affidavit stating that you are unable to afford this fee and the judge may waive it. Make three copies of the petition. Keep one for your records, mail one to the other party in the divorce, and file the third with the clerk.
2. File the waiver of citation along with your petition. The waiver of citation just means that the other party has received a copy of the divorce petition and does not need to be officially served by the constable or sheriff.
3. A final divorce decree will then be prepared by the judge and both parties will appear in court to sign the decree. The final decree of divorce is the final document in the divorce and is basically the same as the petition as it outlines all of the agreements to be enforced within the divorce. This won't happen until sixty days have passed, as there is a waiting period imposed on final decrees of divorce. After this waiting period has passed, a final hearing will be scheduled. You will appear in court to answer questions from the judge consisting of things like:
Your name
Your spouse's name
Texas and county residency
Dates of marriage and separation
Is there a signed waiver of citation?
Is there a signed divorce decree?
Is there no hope of reconciliation?
Are there children?
At this time, the judge will sign the final decree and, after another thirty day waiting period, your divorce is final. That's it - done!
The proper documents may be hard to find and you will discover many, many places on the internet that want to charge you an outrageous fee for some "Do it yourself" kit. You don't need to waste that money. You can find the documents, available for download and printing in PDF form, at www.womenslaw.org free of charge. At this site, you will also be able to find links to your local courthouses and other information regarding the different divorce laws that are on the books in the state of Texas.
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Senobia Torres is a freelance writer who, sometimes, finds the time to write for fun instead of business. Senobia offers a full range of writing services via her personal website, located at www.senobiator... View profile
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- An attorney is not always necessary when filing a divorce.
- There is a 90 day waiting period for the divorce to be final.
- The documents you will need to file are available free and printable online.
14 Comments
Post a CommentSomeone please help a simpleton. My wife and I married three years, no children. Evrey week of our marriage I put 75% of my paycheck direct deposited into her account so she handled bills.
I signed the uncontested divorce papers, for preowned assets all that was listed by her was the car she owned prior to the marriage, and some furniture. I listed nothing. I really have no property or savings minus a 401k...
We did buy some apppliances togther while married. She plans to pack up all the appliances and take them with her..
She is now saying she can enter my 401k on the final divorde decree, and all sorts of things, that she beleives I owe her, and I have no rights to contest any of it. She says I cant stand in court...
how do i go about getting free uncontested divorce forms,because i have been married for 8yrs,and my current spouse is in prison for the 25yrs.we where only together in a physical marriage for three months out of the 8yrs we have been married.we have no children,and we don't own anything together,I have given him everything that we aquired while we was together the three months.But everything I have today is what I have aquired myself,and i don't use his name i use my maden name,and have used it all but three months of our marriage.
Hello. I wanted to know if anyone had info on what happens after the 60-days. my fiancé is getting divorced and he claims his attorney told him this could be done in 30-days. I am reading 60 all over. Is it 60-days to get to the judge or 60-days for total resulution of the marraige. I would love to know. please help me.
In regards to Steph's comment on 1/20, I went to that site but it's asking me to pay $14.99. Is that right?
I found free online divorce forms and divorce paperwork with instructions at http://www.mydivorceusa.com
Yes, you can file a Waiver for the filing fees in Texas. I filed on with my petition. You will not be required to pay anything on the day you file your petiton. When you go to court, the judge will tell you if you will have to pay the filing fee.
If you are unable to pay the filing fee, you may also file an Affidavit of Inability to Pay, which states, under oath, that you are unable to pay the filing fee. The District Clerk's Office will review your Affidavit, and determine whether or not to waive the fee for you
If you are unable to pay the filing fee, you may also file an Affidavit of Inability to Pay, which states, under oath, that you are unable to pay the filing fee. The District Clerk's Office will review your Affidavit, and determine whether or not to waive the fee for you
I really really need to know this because my finace is getting deployed and I been separted from my ex 12 years and I really don't have the time of 90 days to wait or $300.00 filling fee, what i'm reading is 60 waiting period to get a court date and after it's granted then never party can marry for 30 days, and the filling fee is $250.00-300.00 even if you do everything your self , so do I have any other options? and what form will I need to waive the waiting period. Thanks so much for this site!
It is possible to get a divorce in 30 days. Your spouse will have to sign a form to expidite the process and you will be scheduled to be in court 30 day from the date the attorney (or yourself) files this form with the courts.