Uncontested Divorce in Texas

Texas divorce law allows couples to opt for either a contested divorce or an uncontested divorce.  In a contested case, each spouse must hire a lawyer in order to resolve every legal issue about which the parties disagree, including things like child support, child custody, spousal support, and the division of marital property. Sometimes this means leaving these decisions up to the court, but more often the parties are able to reach some sort of agreement before trial.

If you’re interested in an uncontested divorce Texas law poses no obstacle. In an uncontested divorce case, the divorcing spouses already agree on these issues at the time of filing for divorce, so they are able to simply submit their agreement to the court for approval prior to issuing a final decree. As a result, the uncontested divorce process is much less costly and time consuming.

It is not really necessary to hire an uncontested divorce lawyer. Many people manage to fill out their divorce forms on their own. However, an uncontested divorce attorney can help guide you through the divorce process if you would like. 

A happy medium is online divorce. An online divorce platform is usually much less expensive than an attorney, but they can help you fill out divorce forms and sometimes even track your case from the petition to the final decree. Online divorce services can do just about anything short of offering formal legal advice. You also might appreciate the fact that opting for an online divorce means you’ll never have to set foot in a law office or a court.

Texas is a Community Property State

Texas is a community property state, meaning that most property acquired during the marriage is presumed to be split 50/50. Texas divorce courts, however, also show a preference for splitting property in a manner which they deem “just and right,” which sometimes allows them to take a closer look at the circumstances specific to the marriage before making a determination. 

Some of the factors they consider include fault, the age and health of both parties, tax consequences, contribution to the acquisition of the property, the potential income of each party, custody arrangements, and the spousal support amount that one spouse might be paying. In an uncontested divorce, you and your spouse will be able to decide how to split up your assets yourself, and the court will simply approve your plan before issuing a divorce decree.

Texas Grounds for Divorce

When you file for divorce, you will have the opportunity to designate the grounds for divorce in your divorce forms. If you would like to end your marriage but neither you nor your spouse wishes to accuse the other of any marital misconduct, then you are eligible for a no-fault divorce.

Alternatively, Texas state law allows you to file a fault divorce for the following four reasons: adultery, cruelty, abandonment, and felony conviction. If you do choose to allege fault, then you will be required to prove it in a court of law. As a result, alleging fault is not an option if you want an uncontested divorce case.

Texas Residency Requirements

In order to get divorced in Texas, at least one spouse must have resided in the state for at least six months prior to filing the petition with the county court. Residency is usually proven by sworn affidavit.

Texas "Cooling Off" Period

Texas law requires that at least 60 days pass between when the petition is filed and when a divorce decree is issued. This “cooling off” period represents the absolute minimum amount of time that it can take to end a marriage under the law. In practice, even uncontested divorce proceedings tend to take a few weeks from the date the petition is filed to the date that the court issues a final decree.

Texas Filing Fees

Divorce filing fees vary by county in Texas. Generally, you can expect to pay about $300 to file a divorce petition. There may be additional fees depending on the nature of your case. This figure does not include the cost of an attorney, mediator, or online divorce platform; it only represents the amount that you will owe directly to the court.

Texas Spousal Support

Spousal support is never a given in Texas. A support order will only be administered by the court if the dependent spouse is deemed incapable of providing for their basic needs AND at least one of the following is true: the would-be payor has been convicted of domestic violence, the dependent spouse is disabled, or they have custody of a disabled child. Even if these circumstances apply, support is never mandatory, and judges will make their determinations based on factors including each spouse’s future earning capacity, the age and health of the parties, any marital misconduct, the length of marriage, tax consequences, property distribution, and the education of each spouse.

Texas also does not mandate any sort of uniform duration for spousal support to continue, but it does tend to bear a relationship to the length of the marriage. As far as the amount goes, there is one hard and fast rule: the court will never order spousal support that is more than $5000 per month or 20% of the payor’s income.

Texas Child Custody

If you and your spouse cannot reach a child custody arrangement amongst yourselves, Texas courts just want to figure out what’s in the best interest of the child. This usually means some sort of child custody arrangement, even if it isn’t 50/50. Factors in determining what exactly that arrangement should look like include each parent’s ability to care for the child, the child’s preference, the child’s safety, the child’s relationship with each parent, the child’s current living situation, any past violence, and any ongoing conflict between parents. If one parent for some reason ends up with sole custody, court-ordered visitation is still a possibility.

Texas Child Support

In Texas, court-ordered child support will last until age 18 or high school graduation, whichever is later. Texas has a specific formula for determining the presumptive amount of child support based on the income of both parents and the way that parenting time is divided. If you and your spouse have not reached an agreement yourselves and the court is ordering that you pay the presumptive amount, you are still free to make the argument if you believe that amount to be unfair. The court will consider your family’s individual circumstances with regard to each parent’s resources and the child’s individualized needs, and it may turn out that a different figure makes more legal sense.

Texas Divorce Courts

• Court FAQ
  
  

• Municipal courts by city

• Child support courts

• Trial court information
  
  
• Office of Court Administration
  West 14th Street
  Suite 600
  Austin, TX 78701
  (512) 463-1625
  

Texas Divorce Articles

• Ten Steps in an Uncontested Divorce

• 48 Divorce Statistics

• What is an online divorce

Texas Co-Parenting

For couples with kids, one of the most important aspects of negotiating a marital settlement agreement is developing a parenting plan. This plan will outline whether custody and parenting time will be shared equally or one parent will be the child’s primary caregiver. You can visit www.custodyexchange.com for examples of common co-parenting schedules.

• Online divorce in New York
  
  
• Online divorce in Florida
  
  
• Online divorce in Georgia

• Online divorce in Pennsylvania
  
  
• Online divorce in Ohio
  
  
• Online divorce in Illinois

• Online divorce in Illinois
  
  
• Online divorce in New Jersey
  
  
• Online divorce in Virginia

Texas courts are currently operational, although some services are being conducted via videoconference. Emergency response and social distancing protocols vary by county, so click here to find the specific plan in place for your local court. There may also be court delays associated with the current public health crisis. If you opt for an online divorce with  It’s Over Easy, your divorce will most likely be unaffected by COVID-19.