How To Get A Divorce In Texas- Texas Divorce Law
How to get a divorce in Texas is important to know as it can have a huge impact on costs and the time it takes to get a divorce to end a marriage. Apart from the decision to get a divorce, the most important decision is to decide on the type of divorce you want.
In an era of restlessness, there exists an undercurrent of disharmony in many marriages, and more so with the pandemic. It forced many couples to spend more time together than usual. For many during this time, their true colors were revealed and the other person saw their partner in an entirely new light. They want a divorce.
How to get a divorce in Texas or anywhere else for that matter has become important to find out as the pandemic has brought many changes into the lives of people.
We’re living in difficult times and you may have decided that it is time to end your marriage and get a divorce. No two divorces are the same and with Texas divorce law you will have to make sure that you are aware of the legalities connected to getting a divorce. If you are planning to get a divorce, the idea is to get it over and done with as quickly as possible and not to be allowed to drag on and on.
How to get a divorce in Texas will require looking at your own unique case. How long have you been married? Do you have kids? How big is your estate? How are all your property and other assets to be divided?
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Filing For Divorce In Texas
How to get a divorce in Texas and filing for divorce in Texas State gives one a lot of questions that people want to be answered. Most people don’t go into marriage with divorce on their minds so they are unfamiliar with the entire process until they find themselves in such a position.
Filing for divorce in Texas requires that at least one of the couple have to have lived in Texas for 6 months before filing. How to get a divorce in Texas requires knowing that Texas allows fault-based and no-fault divorce.
With Texas divorce law, you need to start looking at your marriage and answering these kinds of questions because the divorce process in Texas can be fairly quick but it can also turn out to be a complicated process.
It’s a good idea to get an idea of Texan divorce law and look at how the different divorce scenarios work. In Texas, you might want to end your marriage because of any of the following reasons –
- One partner may have a mental illness and has been institutionalized for some time and showing no sign of recovery.
Uncontested Divorces Are Easier, Less Costly
How to get a divorce in Texas requires knowing about the possibility of filing for a divorce without an attorney. With uncontested divorces, things are easier as there aren’t any disagreements between the couple as regards what is to happen. They both just quietly want to get a divorce and to move on with things.
Couples who are still fairly amicable with each other can qualify for these less expensive divorces and it’s what is known as an agreeable divorce or an uncontested divorce.
The couple agrees on all divorce-related issues and signs an agreement to the effect that there won’t be a trial before a judge. On the contrary, a contested divorce is when the couple can’t agree on anything. In such a divorce, the judge will hold a trial, and call witnesses. Requirements for an uncontested divorce in Texas are –
- Both spouses agree on the divorce and want to end the marriage
- You don’t have minor children
- You don’t own property together
- Neither of you has bankruptcy cases
- You don’t have retirement benefits
- You aren’t seeking alimony
If you want to know how to get a divorce in Texas, the Texas Judicial Branch also offers free forms and information for an uncontested divorce.
How Long Does It Take To Get A Divorce In Texas?
When it comes to answering the question of how to get a divorce in Texas and also how long does it take to get a divorce in Texas, there are once again ‘it depends’ kind of answers.
People wanting to hurriedly get a divorce so that they can get on with their lives will be pleased to know that a divorce can actually be finalized within 61 days. But that isn’t the norm and you’re more likely to wait for anything from 6 months to a year.
How long does it take to get a divorce will even depend on other things such as where you live and even how quickly the judge can process all the paperwork.
It pays to get a good lawyer in Texas who can get things moving quickly. As mentioned, when answering the question of how to get a divorce in Texas, it depends. For instance, if both parties agree to everything and the divorce is sorted out amicably, then everything could be wrapped up within 60 days.
But courts are busy and this could be a stumbling block. How to get a divorce in Texas requires knowing a little bit about the procedure. How to get a divorce in Texas starts really when one of the spouse’s files. It’s known as an Original Petition of Divorce. The petition is a written document submitted to the Texas court, requesting the judge to grant the divorce.
Some couples don’t want to bother with the likes of marriage counseling – their minds are made up. Once their minds have been made up, they look for the services of a good, reliable divorce attorney. The divorce attorney will advise you on what to do in preparation for a divorce.
The petition lists your requests for the division of property and things such as child support. Once the petition is filed, Texas has a mandatory waiting period of 60 days, which starts when the petition is filed.
How To Get A Divorce Without A Lawyer
How to get a divorce without a lawyer in Texas is known as Pro Se litigants or self-filing. Many people go this route to avoid the costs of using a lawyer. There are quite a few tools available online to help show you how to do this.
The first thing is to establish if your divorce is contested or uncontested? With Texas divorce law, if your divorce is contested, the proceedings for divorce are going to take much longer and mean more legal fees.
Certainly, with a contested divorce, it is better to get the help of an attorney. So if it is a contested divorce, it is better to seek the help of attorneys. If you do research online, you’ll see that how to get a divorce in Texas is something that can be done online.
If you want to know how to get a divorce without a lawyer, you can read up on how you can complete an uncontested Texas divorce in less than one hour. There are easy-to-follow instructions and it tells you that you can be divorced for under $100. It requires just a few simple steps such as answering a few quick questions online, creating an account, and then completing the simple online divorce questionnaire.
The provider of the services will then complete the forms, file your divorce documents and print the completed forms and filing instructions, filing the divorce forms in court.
Litigation is the most expensive way to get divorced in Texas. If you and your spouse can’t agree on any other option, litigation is an attorney process. While many cases settle before going to trial. Sometimes when things are complicated and there is possibly domestic violence as well, litigation is the way to go.
Collaborative divorce is a structured process with a collaborative team made up of lawyers, financial specialists,s and a divorce coach, and everyone works to ensure the divorce proceedings don’t go to court. A collaborative divorce removes the threat of litigation.
How Much Does A Divorce Cost In Texas?
Once again, when finding out how to get a divorce in Texas, you get the answer ‘it depends. Every divorce case is different and that means that the ultimate cost will vary with each case. It’s difficult to predict the cost of a divorce in Texas as there are many issues involved. The more issues that arise, the costlier the divorce becomes.
There is no doubt that divorces are expensive. There are lots of different fees, from mediation fees to arbitration to retainers and lawyer fees to processing fees and more. The amount of money you pay in legal fees will differ with each case. How to get a divorce in Texas will certainly have you investigating costs.
How much does a divorce cost in Texas will certainly depend on whether you hire a lawyer or not. When you’re worried about the welfare of your children in terms of a divorce and when you have a lot of money or property, you are likely to be better off hiring a lawyer.
A divorce in Texas can get pretty expensive if you and your spouse aren’t able to agree on anything. The more you and your partner disagree the more your divorce is going to cost. When you do research on how much does a divorce cost in Texas, there seem to be conflicting views on what it costs, but when you use a lawyer it seems as though the average cost of a divorce in Texas is in the region of $10 to 15 000 if there are no kids involved.
Complications come about when there are kids and then you could be looking at $20 000. It’s not surprising therefore to hear that costs like these make Texas the 5th highest state in the country in terms of divorce fees.
People always wonder what on earth it can be that makes divorce so expensive in the first place and just one of the reasons is something as trivial as the couple not being able to agree on anything.
How to get a divorce in Texas requires knowing about the different options. Some of the main divorce options are litigation, collaborative divorce, and mediation. Mediation as an example is an alternative dispute resolution method – an alternative to litigation. The objective of mediation is to reach a settlement agreement on all issues to avoid going to court.
Uncontested divorces take less time as there is no trial. With you and your spouse agreeing on all the most important aspects and reaching a settlement agreement, your case will move quickly through the legal process. For people who haven’t been married for a long time, and who have only gathered a few assets, there are fewer issues to be negotiated. This means the divorce can be sorted quickly. You sometimes get cases where couples have been married a long time and have a lot of assets.
The one spouse may even try to hide assets from the other one and this can cause all kinds of issues and legal actions that can sometimes add years to the divorce proceedings and a lot more costs.
Divorce in Texas doesn’t have to be so expensive, because as a Texan you have access to legal protection plans although sometimes there is a 6-month waiting period for divorce.
The decision to file for divorce doesn’t promise to be easy and you don’t know what to expect.
How to get a divorce in Texas requires doing research to get answers but even if your divorce is welcomed with joy or sorrow, it can be made sweeter if you do it right.