Online Divorce In Texas

Divorce, or the dissolution of marriage, is a legal process that ends the marital rights and responsibilities between two people. It can be an emotionally challenging and complex procedure, and this complexity only increases when you’re attempting to navigate it without the assistance of an attorney.

In Texas, as governed by the Texas Family Code (Title 1, Subtitle C, Chapter 6), couples have the option to file for divorce online without legal representation, often referred to as “Pro Se” or “do-it-yourself” (DIY) divorce. The advantages of this approach include lower costs and quicker proceedings than traditional divorces. However, taking this path also necessitates thoroughly comprehending the laws, processes, and requirements surrounding divorce in Texas.

Understanding the divorce law in Texas is crucial for numerous reasons. First, it lets you know your legal rights and responsibilities. You’ll be making significant decisions regarding property division, potential alimony, and, if applicable, child custody and support, all of which can have long-lasting impacts on your life. Knowledge of the law will also help you prepare for the procedural elements of divorce, such as filing the necessary forms, serving papers, and attending court proceedings. It also enables you to anticipate possible challenges and pitfalls during the process.

Additionally, the state of Texas follows community property rules, as per Texas Family Code Section 7.001, which can complicate the division of assets and liabilities upon divorce. Therefore, it’s essential to be conversant with how these rules may affect your specific situation.

However, it is essential to note that while this guide aims to provide a general understanding of the divorce process, it cannot account for every unique situation or intricacy in the law. Therefore, you are encouraged to utilize all available resources, such as local legal aid services, self-help legal manuals, and county law libraries, to understand your situation and make informed decisions fully.

Remember, while representing yourself in a divorce may save on attorney’s fees, the stakes are high, and the consequences of misunderstanding or misapplying the law can be severe. This makes your understanding of the divorce law in Texas not just beneficial but essential.


Qualifying for a Divorce in Texas

Before you can move with a divorce in Texas, there are specific initial qualifications you need to meet, governed by the Texas Family Code. These are related to residency and the grounds for divorce.

A. Residency Requirement

According to the Texas Family Code Section 6.301, at least one spouse must have been a state resident for a continuous six-month period and a county resident where the divorce is filed for the preceding 90-day period.

If you recently moved to Texas, you will need to wait until you meet these residency requirements before filing for divorce. However, if your spouse lives in Texas and meets these requirements, you can file for divorce even while living in another state or country.

B. Grounds for Divorce

The State of Texas recognizes both “fault” and “no-fault” grounds for divorce. “No fault” means that neither party is officially blamed for the dissolution of the marriage. On the other hand, in a “fault” divorce, one party is deemed responsible for the failure of the marriage based on a set of accepted grounds. The following are the grounds for divorce recognized by the Texas Family Code (Section 6.001 – 6.007):

  1. Insupportability (No-Fault): This is the most commonly cited reason for divorce and is defined by the Texas Family Code Section 6.001. It is often referred to as “irreconcilable differences” in other states. Essentially, the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship, and there is no reasonable expectation of reconciliation.
  2. Cruelty (Fault): According to the Texas Family Code Section 6.002, this ground can be used if one spouse is guilty of cruel treatment towards the other to the extent that living together is no longer endurable.
  3. Adultery (Fault): This ground is covered in Texas Family Code Section 6.003 and can be cited if one spouse has been unfaithful to the other.
  4. Conviction of Felony (Fault): Under Texas Family Code Section 6.004, if during the marriage, a spouse has been convicted of a felony, has been incarcerated for at least a year, and has not been pardoned, the other spouse has grounds to file for a divorce.
  5. Abandonment (Fault): Texas Family Code Section 6.005 defines this as one spouse has left the other with the intention of abandonment and remaining away for at least one year.
  6. Living Apart (No-Fault): According to Texas Family Code Section 6.006, if the spouses have lived apart without cohabitation for at least three years, either spouse has grounds to file for a divorce.
  7. Confinement in Mental Hospital (Fault): As per Texas Family Code Section 6.007, if a spouse has been confined in a state or private mental hospital for at least three years and it appears that the mental disorder is of such a degree and nature that adjustment is unlikely or that, if an adjustment occurs, relapse is probable, the other spouse has grounds for divorce.

Understanding these grounds is essential because they can potentially impact the proceedings, especially if you are filing on fault grounds. This could influence decisions related to property division, spousal support, and child custody, making it a critical aspect of the divorce process to consider.

Every divorce case is unique, and navigating these processes can be complicated. Understanding these requirements and grounds is crucial as you begin your divorce proceedings.

Understanding No-Fault Divorce vs. Fault-Based Divorce in Texas


The State of Texas allows for both “no-fault” and “fault” divorces, each with unique characteristics and implications. Understanding the difference between these two types of divorce is crucial for anyone preparing to navigate a divorce in Texas without an attorney.

A. No-Fault Divorce

A no-fault divorce is when the spouse filing for divorce does not need to prove any fault on the other spouse’s part. The petitioner needs to state that the marriage has become “insupportable” due to a conflict of personalities that prevents any reasonable expectation of reconciliation.

In Texas, a no-fault divorce is often sought under “insupportability,” defined by the Texas Family Code Section 6.001, or “living apart,” as per Texas Family Code Section 6.006.

The benefits of a no-fault divorce include:

  • Privacy: Since you are not required to air your marital issues in a public courtroom, a no-fault divorce can be more private and less stressful.
  • Simplicity: No-fault divorces can be more straightforward as you are not required to prove wrongdoing or fault.
  • Less animosity: As no blame is placed on either party, a no-fault divorce can be less aggressive, which can be particularly important when children are involved.

B. Fault-Based Divorce

In contrast, a fault-based divorce occurs when one spouse claims and proves that the other spouse’s wrongful conduct led to the marriage breakdown. The grounds for a fault divorce in Texas include adultery, cruelty, felony conviction, abandonment, and confinement in a mental hospital, as outlined in Texas Family Code Sections 6.002 – 6.007.

Advantages of a fault-based divorce might include:

  • Potential Influence on Settlements: A spouse who can prove the other’s fault might have an advantage in situations like property division or spousal support. For example, a spouse demonstrating the other’s infidelity might receive more community property.
  • Satisfaction: Some individuals must express their grievances or validate their experiences by establishing the other spouse’s fault in the marriage breakdown.

However, a fault-based divorce can also have its drawbacks, such as:

  • More complex and contentious: The need to prove fault can make the divorce process more adversarial, longer, and potentially more expensive due to extra court and legal fees.
  • Public exposure: In a fault-based divorce, the details of your marriage and the reasons for its breakdown become a matter of public record.

Choosing between a no-fault and a fault divorce can be a significant decision. It requires careful consideration of your unique circumstances, an understanding of Texas law, and sometimes guidance from legal professionals or counselors. Remember, the decision can significantly affect various divorce proceedings, including property division and custody arrangements.

Step-by-step process to filing for divorce in Texas


Steps To File Online Divorce In Texas


  1. Meet the Residency Requirement: Before filing for divorce in Texas, you or your spouse must have lived in Texas for at least six months and in the county where you plan to file for at least the past 90 days.
  2. Decide on the Type of Divorce: Determine if you’re filing for a no-fault divorce (neither party is to blame) or a fault-based divorce (one party is at fault due to reasons like adultery, cruelty, abandonment, felony, or living apart for at least three years).
  3. Prepare the Petition for Divorce: The Petition for Divorce is the official document that asks the court to end your marriage. You can find the necessary forms online or at your local county clerk’s office. Fill out the forms completely and accurately.
  4. File the Petition: Take the completed Petition for Divorce to the county clerk’s office where you live. You will need to pay a filing fee. If you can’t afford the fee, request the waiver form.
  5. Serve the Papers: After you have filed the petition, your spouse must be officially notified of the divorce proceedings. This is typically done by a process server or sheriff, who will deliver the documents to your spouse.
  6. Wait for a Response: Your spouse has 20 days plus the following Monday to file an answer to your petition. If they don’t respond, you may be able to proceed with the divorce by default, which means the court may grant your requests without your spouse’s input.
  7. Negotiate Terms: If your spouse does respond, you will need to negotiate the divorce terms, including property division, child custody, child support, and possibly spousal maintenance.
  8. Attend Court Hearings: If you and your spouse can’t agree on the divorce terms, you may need to attend mediation or court hearings. You’ll present your case, and the judge will decide.
  9. Finalize the Divorce: Once all issues have been addressed and you and your spouse agree to the terms (or a judge has made a decision), the court will issue a Final Decree of Divorce. This document officially ends your marriage and outlines the terms of the divorce.
  10. Follow Through: After the divorce is finalized, update any relevant documents, like wills or insurance policies, and carry out any required actions like property transfer or support payments.

Forms Needed To File An Online Divorce In Texas (Free Download)


Texas Divorce Papers Required in Divorce without Children Cases (Free Download)


Form FM-DivA-100 – Original Petition for Divorce —> Download Now

Form PR – GEN – 116 – Civil Case Information Sheet —> Download Now

Form VS – 165 – Information on Suit Affecting the Family Relationship —> Download Now

Form CB-CFFW-100 -Fee Waiver Statement of Inability to Afford Payment of Court Costs —> Download Now

Form FM-DivAD-103  – Waiver of Service Only —> Download Now

Form FM-DivAD-102  – Respondent’s Original Answer —> Download Now

Form FM-DivA-201  – Final Decree of Divorce —> Download Now

Form FM-DivA-700-Test – Sample Testimony for Opposite-Sex Divorce without Children —> Download Now

FM-DivA-600 – Affidavit for Prove-Up of Agreed Divorce Without Children —> Download Now

Form FM-NC-215  – Order Restoring Name Used Before Marriage —> Download Now


Texas Divorce Papers Required in Divorce with Children Cases (Free Download)


Form FM-DivB-100 – Original Petition for Divorce —> Download Now

Form PR-Gen-116 -Civil Case Information Sheet —> Download Now

Form CB-CFFW-100 – Fee Waiver Statement of Inability to Afford Payment of Court Costs —> Download Now

Form VS-165  – Information on Suit Affecting the Family Relationship —> Download Now

Form FP-OSP-302 – Exhibit: Out-of-State Party Declaration —> Download Now

Form FM-Div-Disc-101 – Required Initial Disclosures in Divorces —> Download Now

Form FM-DivB-103 – Waiver of Service Only —> Download Now

Form FM-DivB-102  – Respondent’s Original Answer —> Download Now

Form FM-DivB-201  – Final Decree of Divorce —> Download Now

Form FM-IW-200 – Income Withholding for Support —> Download Now

Form FM-DivB-Test – Sample Testimony for Divorce with Children —> Download Now

Form FM-DivB-600 – Affidavit for Prove-Up of Agreed Divorce With Children —> Download Now

Form 1828A (ROS/App) – Record of Support Order —> Download Now

Form FM-CS-800 – Low-Income Child Support Guidelines Handout —> Download Now

Complete The Form & Get Free Texas Divorce Packet


Please enable JavaScript in your browser to complete this form.

Division of Property and Debt In Texas

The division of property and debt is often one of the most complex aspects of a divorce. Texas is a community property state, which has specific implications for how assets and debts are divided in a divorce.

A. Understanding Community Property vs. Separate Property

Texas Family Code (Section 7.002) outlines the state’s approach to property division upon divorce, utilizing the principles of community property and separate property.

Community Property:


Community property includes most of the property you or your spouse acquired during the marriage, regardless of who earned it or whose name is on the title. I

 Community property commonly includes:


  1.  Wages earned by either spouse during the marriage
  2. Real estate purchased during the marriage, even if only one spouse’s name is on the deed
  3. Cars or other vehicles bought during the marriage
  4. Furniture and appliances purchased during the marriage
  5. Joint bank accounts, retirement accounts, and investment accounts created or contributed to during the marriage
  6. Debt acquired during the marriage, even if it’s only in one spouse’s name
  7. Business interests or professional practices started or grown during the marriage

In a divorce, community property is typically divided between the spouses in a way that the court deems “just and right” (typically aiming for an equal division).

Separate Property:

Separate property generally includes assets that each spouse owned before the marriage and certain assets acquired during the marriage. These might include:


  1. Property owned by either spouse before the marriage
  2. Gifts are given to one spouse during the marriage
  3. Inheritances received by one spouse before or during the marriage
  4. Personal injury awards received by one spouse during the marriage (excluding awards for loss of earning capacity)
  5. Property that both spouses agree in writing is separate property
  6. Any property purchased with separate property funds, even during the marriage

It’s important to note that sometimes, separate property can become “commingled” with community property, thus challenging to distinguish. For example, suppose you use wages earned during the marriage (community property) to pay for improvements on a house one spouse owned before the marriage (separate property). In that case, the house’s increased value may be considered community property.

Understanding these designations is crucial because they can significantly impact how your property is divided during the divorce.

B. Creating a Property Division Agreement


Once you’ve determined what property is the community and what is separate, you must create a Property Division Agreement. This document lists all your community property and debt and outlines how you and your spouse have agreed to divide it.

Creating this agreement can be complicated, particularly if you have a lot of assets or large debts. Using a mediation service or hiring a Certified Divorce Financial Analyst (CDFA) to help navigate this process may be beneficial. If you and your spouse can agree on the asset division, the court will likely approve your agreement.

C. Managing Debt in a Divorce


Just as property acquired during a marriage is typically considered community property, so are debts. This includes mortgages, credit card debt, car loans, and other financial obligations. According to the Texas Family Code (Section 7.001), the court will divide the community debts along with the community property in a “just and right manner.”

This might not necessarily mean an equal division – the court could consider factors like the disparity in earning power between the spouses, who are taking custody of the children, and who is receiving what property. If a particular debt is assigned to one spouse in the divorce decree, that spouse will be legally responsible.

However, creditors may still seek repayment from either spouse until the debt is paid off, regardless of the terms of the divorce decree. To avoid credit issues, you should pay off any joint debts before the divorce or refinance the debt in the name of the spouse who will be responsible.

Addressing all your debts in your divorce proceedings is crucial to ensure that each party’s responsibilities are clear. If a debt is overlooked, both spouses might still be legally responsible.

The division of property and debt in a divorce can be complicated and contentious. It requires a thorough understanding of Texas community property law and careful negotiation and documentation. Always consult additional resources or seek professional advice if you are still determining any part of this process.

Child Custody and Support in a Divorce

In a divorce involving minor children, custody and child support decisions are among the most critical and often most contentious. Texas law prioritizes the best interests of the child in these matters.

A. Understanding the Types of Custody (Joint, Sole, etc.)

Texas law uses the terms “conservatorship” and “possession and access” instead of “custody” and “visitation.” Generally, conservatorship is the term used to describe a parent’s legal rights and responsibilities.

  1. Joint Managing Conservatorship (JMC): In most cases, courts prefer to award Joint Managing Conservatorship, where both parents share the rights and duties of a parent. However, this doesn’t necessarily mean that the child’s time is divided equally between the parents. The court will determine a specific schedule for possession and access.
  2. Sole Managing Conservatorship (SMC): In some cases, one parent (the sole managing conservator) has the exclusive right to make certain decisions concerning the child, such as the right to decide the child’s primary residence, education, and health care. The other parent typically has possessory conservatorship, including the right to access and possess the child at specified times.

The court will make conservatorship decisions based on the best interest of the child, taking into account factors such as the child’s preferences, each parent’s ability to care for the child, the current and future emotional and physical needs of the child, and any existing or potential danger or harm to the child.


B. Creating a Plan for Parenting


A parenting plan outlines how the parents will continue to care for and provide for their children after the divorce. It includes information about conservatorship, possession and access, child support, and how the parents will make future decisions concerning the child. According to the Texas Family Code (Section 153.601), a parenting plan should always prioritize the child’s best interest.

The plan should address the following:

  • A schedule detailing when the child will be with each parent, including holidays, birthdays, and school vacations
  • Guidelines for communication between parents
  • How decisions about the child’s education, health care, and well-being will be made
  • How disputes between parents will be resolved

C. Determining Child Support According to Texas Law

In Texas, child support is often based on the guidelines outlined in the Texas Family Code (Sections 154.125 and 154.129). Generally, the noncustodial parent is responsible for paying child support to the custodial parent.

The amount of child support in Texas is calculated as a percentage of the noncustodial parent’s net resources (income after taxes and certain deductions). The rate varies depending on the number of children:

  • One child: 20% of the noncustodial parent’s income
  • Two children: 25%
  • Three children: 30%
  • Four children: 35%
  • 5+ children: not less than 40%

Here’s an example: If the noncustodial parent’s monthly net resources are $3,000 and there are two children to support, the monthly child support payment would be 25% of $3,000, or $750.

It’s important to note that these are general guidelines, and the court has the discretion to order amounts that vary from these guidelines based on the child’s best interest. Additionally, the court can consider other factors, such as the noncustodial parent’s ability to pay, the age and needs of the child, and any financial resources available to support the child.


D. Free Texas Child Support Calculation Form

Send us all the details and we will calculate how much child support you have to pay.

Please enable JavaScript in your browser to complete this form.



Spousal Maintenance (Alimony)

In Texas, spousal maintenance, often known as alimony, is not a given in every divorce. It is meant to provide temporary, rehabilitative support for a spouse who may not have the financial means to meet their minimum basic needs.

A. Understanding When Spousal Maintenance Is Applicable

According to the Texas Family Code (Section 8.051), a court may order spousal maintenance if the spouse seeking maintenance lacks sufficient property to provide for their minimum reasonable needs and one of the following situations is met:

  1. The spouse cannot earn sufficient income to provide for their minimum reasonable needs due to a physical or mental disability.
  2. The marriage lasts ten years or longer, and the spouse seeking maintenance cannot earn sufficient income to meet their minimum reasonable needs.
  3. The spouse is the custodian of a child from the marriage of any age who requires substantial care and personal supervision due to a physical or mental disability that prevents the spouse from earning sufficient income.
  4. The other spouse has been convicted of a crime of family violence against the spouse seeking maintenance or a child of the marriage.

B. Calculating Potential Alimony According to Texas Law

The Texas Family Code (Section 8.055) outlines the determination of maintenance, which is generally the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income. The length of time the maintenance is awarded varies depending on factors such as the length of the marriage and the ability of the spouse seeking maintenance to independently provide for their minimum reasonable needs.

Here’s an example: If the paying spouse’s average monthly gross income is $10,000, the maintenance would be less than $5,000 or 20% of $10,000 ($2,000), meaning the awarded spousal maintenance would be $2,000.

However, this is merely a guideline. The court can order less maintenance if the spouse seeking maintenance can meet their minimum reasonable needs with less or more if certain factors are present (such as family violence).

Keep in mind that spousal maintenance ends if the spouse receiving it remarries or if either spouse dies. The court can also modify the order if the financial circumstances of either spouse change significantly.



Create an online account

Simply register online, pay the small fee, gather your papers and ready to get a Divorce.

Answer the questions

Answer each of the questions we will ask you and the forms will be completed for you.

Print & File the documents

File the Documents Print our state approved completed forms, and file the Divorce forms in the court.

About Instant Online Divorce

Getting an online divorce in Texas does not need to be a headache. We have a guide that you can use to assist you through your divorce process online. In most cases, your forms can be completed in an hour or less. We only need you to answer some simple questions and we will use these questions to complete your divorce forms. You don’t have to go through the tedious process of hiring an attorney and therefore there is no waiting! The process is very simple and…you can download the forms online!


Texas Online Divorce →
Texas Annulment →
Texas Legal Separation →
NC Uncontested Divorce →
Texas Same Sex Divorce →
Texas Cheap Divorce →
Texas Divorce Papers →

  • How much does it cost to get a divorce in Texas?

    The cost of a divorce in Texas can vary significantly depending on the case’s complexity, whether it’s contested or uncontested, and whether you hire an attorney. Here are some of the potential costs you might encounter:

    1. Court filing fees: Generally range from $250 to $350, depending on the county. This fee is required to file for divorce in the state officially.
    2. Process server fees: If you need to have your spouse formally served with divorce papers, this could cost around $75 to $95.
    3. Legal fees: Hiring an attorney to represent you can be the most significant expense. Attorneys may charge anywhere from $150 to $500 per hour, depending on their experience and the complexity of your case. The total cost can range from a few thousand dollars for relatively straightforward cases to tens of thousands for complex, contested divorces.
    4. Mediation fees: If your divorce is contested and the court requires mediation, you can expect to pay anywhere from $500 to $1,000 per half-day of mediation.
    5. Parenting class fees: Some counties require divorcing parents to take a parenting class, which might cost around $30 to $60.
    6. Other costs include appraisals for property, forensic accountants if financial wrongdoing is suspected, or fees for further experts.

    If you and your spouse can agree on all matters (an uncontested divorce) and you choose to handle the divorce process without an attorney, the cost could be limited to the court filing fee and any required classes.

  • How long does it take to get a divorce in Texas?

    Texas has a mandatory waiting period of 60 days from the date the divorce petition is filed with the court before a divorce can be finalized. This is the shortest possible time for a divorce, provided that all other matters are resolved swiftly and amicably.

    The length of time required to finalize a divorce can significantly differ depending on the intricacy of the case and the level of consensus or disagreement between the partners involved.

    The process can be relatively quick for an uncontested divorce, where both parties agree on all aspects of the separation (such as child custody, property division, etc.). It might be finalized shortly after the 60-day waiting period.

    On the other hand, if the divorce is contested and significant issues need to be resolved, the process can take significantly longer – often six months to a year- and even longer in some complex cases.

    Remember that these are general estimates, and the exact timeline can vary based on various factors, including the specific court’s schedule and the efficiency of your legal counsel if you have one.

  • A “cooling-off” period in a Texas divorce refers to the mandatory waiting period imposed by law before a divorce can be finalized. From the day the divorce petition is officially filed, Texas law requires a waiting period of 60 days. This is designed to give spouses time to reconsider their decision and potentially reconcile before the divorce is finalized.

    This period is called the “cooling-off” period because it’s designed to allow emotions to cool down. Divorce can be stressful and emotional, and this period offers an opportunity to ensure it’s the right path.

    However, it’s important to note that even during this period, the legal process continues. During this time, negotiations about property division, child custody, and other relevant issues can occur.

    In certain exceptional circumstances, such as domestic violence cases, the court may waive the 60-day waiting period.

    After the cooling-off period, if the parties still wish to proceed and all other issues have been resolved, the court can issue a final divorce decree, officially ending the marriage.

  • Can the terms of my divorce decree be changed after the divorce is finalized?

    Yes, under certain circumstances, the terms of a divorce decree can be changed or modified after the divorce is finalized. However, it’s important to note that this can be challenging and generally requires a significant change in circumstances. Here’s a breakdown:

    1. Child Custody and Visitation Orders: Child custody and visitation orders can be modified if there’s been a material and substantial change in circumstances, and the modification would be in the child’s best interest. Some examples of material and important changes include a difference in a parent’s marital status, a significant change in a parent’s income, a parent’s relocation, or changes in the child’s needs.
    2. Child Support: Child support orders can also be modified if there’s been a material and substantial change in circumstances. This could include a significant increase or decrease in either parent’s income, a change in the child’s medical insurance, or changes in the amount of time the child spends with each parent.
    3. Spousal Support (Alimony): Spousal support orders can be modified or even terminated if there’s been a material and substantial change in circumstances. This might include the recipient’s spouse getting remarried, a major difference in either spouse’s financial situation, or changes in the law.
    4. Property Division: Unlike the terms related to children and support, property division is usually final and cannot be modified after the divorce is finalized. Exceptions may exist if there is a mistake, fraud, or misrepresentation.

    To modify a divorce decree, you generally need to file a petition for modification with the court that issued the original divorce decree. 

  • How do you get a divorce in Texas when you don’t know where your spouse is?

    If you wish to get a divorce in Texas but do not know your spouse’s whereabouts, you can still proceed with the divorce process by serving your spouse by publication or posting. Here’s the general process:

    1. File a Petition for Divorce: Just like any other divorce in Texas, you’ll start by filing a petition for divorce with the court in the county where you reside.
    2. Diligent Search: Before serving your spouse by publication or posting, you must demonstrate that you’ve actively tried locating your spouse. This typically involves searching phone books and online directories, contacting their relatives or friends, checking with their last known employer, or using online people search services.
    3. Affidavit for Citation by Publication or Posting: If your search is unsuccessful, you must complete an Affidavit for Citation by Publication or Posting detailing your efforts to locate your spouse.
    4. Permission from the Court: Once the affidavit is completed, you will need to get permission from the court to serve your spouse by publication or posting.
    5. Service by Publication or Posting: If the court grants your request, you can serve your spouse by publishing a notice of the divorce suit in a newspaper of general circulation in the county where your spouse is believed to be or posting the notice at the courthouse.
    6. Waiting Period: After serving your spouse by publication or posting, you must wait a certain period for your spouse to respond. If they do not answer, you may proceed with the divorce.
    7. Finalizing the Divorce: If your spouse doesn’t respond within the time frame, you can request the court to grant a default judgment, effectively finalizing the divorce.

    It’s important to note that while you can obtain a divorce this way, the court may be unable to make any orders regarding property division, spousal support, or issues involving children.


  • Do I have to go to the court to get the Divorce in Texas?

    In many cases, yes, you must go to court to finalize a divorce in Texas. Even in an uncontested divorce where both parties agree on all issues, one party (the petitioner) typically must appear before a judge to finalize the divorce.

    However, if you and your spouse fully agree on all aspects of the divorce, the process can be more straightforward and may not require multiple court appearances. In some cases, remote appearances may be possible depending on the specifics of the local jurisdiction.

  • How is child custody or child support is settled in Texas divorce?

    Retirement accounts and pensions are often considered community property and are thus subject to division between spouses. How they are divided, however, can depend on several factors, including the type of retirement account, its value, and the length of the marriage. Here’s a general overview:

    1. Identification and Classification: The first step is to identify all retirement assets and classify them as separate or community property. Separate property includes assets owned before marriage or acquired during marriage via gift or inheritance, usually with the original owner. Anything acquired during the marriage, including contributions to retirement accounts and pensions, is typically considered community property.

    2. Valuation: The next step is to determine the value of the retirement assets. This can be straightforward with defined contribution plans, such as 401(k)s and IRAs, as they have a precise account balance. Defined benefit plans, such as pensions, can be more complicated and may require an actuary to determine their present value.

    3. Division: The retirement assets can be divided once the value is determined. Texas is a community property state, which means all community property is divided in a manner that the court deems “just and right,” usually aiming for an equitable (though not necessarily equal) division.

    4. Qualified Domestic Relations Order (QDRO): For many retirement accounts, a legal document called a Qualified Domestic Relations Order (QDRO) is required to divide the assets without triggering taxes and penalties. A QDRO instructs the plan administrator on how to pay the non-employee spouse their share of the plan benefits.

  • What happens if we reconcile and want to cancel the divorce?

    If you and your spouse decide to reconcile after filing for divorce but before the divorce has been finalized, you can halt the divorce proceedings. Here’s how it typically works in Texas:

    1. Informing the Court: You or your attorney must inform the court that you wish to dismiss the divorce case.
    2. Filing a Motion to Dismiss: The spouse who initially filed for divorce (the petitioner) can file a Motion to Dismiss or Non-Suit. This document asks the court to dismiss the case because the parties have decided not to proceed.
    3. Court’s Decision: If the court grants the motion, the divorce proceeding will be stopped, and you will remain legally married.

    It’s important to know that you cannot cancel the divorce if the court has already issued a divorce decree. At that point, if you decide to reconcile, you would need to remarry.

  • How to serve divorce papers in Texas to the other party?

    There are several ways to serve divorce papers in Texas, and the best method can depend on the specifics of your situation. Here are some standard techniques:

    1. Personal Service: This is the most traditional method. An authorized person, like a sheriff, constable, or a private process server, delivers the divorce papers directly to your spouse.
    2. Service by Certified Mail, Return Receipt Requested: In this method, divorce papers are sent to your spouse through the mail. Your spouse must sign a receipt showing they received the documents. This method can be effective if your spouse cooperates in receiving the papers.
    3. Service by Publication or Posting: If your spouse can’t be found despite diligent efforts, you may get court permission to publish notice of the divorce suit in a newspaper or post it at the courthouse. This is usually a last resort if you don’t know your spouse’s whereabouts.
    4. Service through a Waiver: If you and your spouse are on amicable terms, your spouse can sign a waiver acknowledging receipt of the divorce petition. The waiver must be filed with the court.

    Remember, the important thing is that your spouse receives official notice of the divorce proceedings. Failure to properly serve your spouse can lead to delays or complications in divorce.

  • How is a business or professional practice divided in a Texas divorce?

    Dividing a business or professional practice in a Texas divorce can be a complex process, given the intricate nature of valuing such assets and that Texas is a community property state. Here’s a general overview of how this typically works:

    1. Identification and Classification: First, it must be determined whether the business or professional practice is community property (jointly owned by both spouses) or separate property (owned by one spouse). This usually depends on when the business was acquired or started and how it was funded or grown.

    2. Valuation: The business or professional practice must be valued once classified. This can be a complex process involving accountants or other financial professionals. Factors such as the business’s assets, debts, income, and future earnings potential will be considered.

    3. Division: If the business is determined to be community property, it’s subject to division in the divorce. However, because dividing a company isn’t as straightforward as splitting a bank account, spouses have several options:

    • Buy-Out: One spouse buys out the other’s interest in the business. This might involve paying the other spouse a lump sum or setting up a payment plan.
    • Co-Ownership: The spouses continue to own the business together. This requires a good working relationship and is not commonly chosen in divorce.
    • Sell and Split the Proceeds: The spouses sell the business and divide the proceeds.

    4. Professional Practices: Division can be even more complicated for professional practices, like law or medical practice. Professional goodwill (the practice’s reputation and client base) may be considered part of the value, but because it’s linked to one spouse, it may not be divisible as property.


Everything thus far has been quite simple
     This is a great option for those folks who do not contest anything between them and who are in good communications/standing with each other.
– Thomas Paine
Michael Brown
Wow, this is a process. Never get married folks.
     The process is quick, but detailed. I thought it asked the questions it needed to ask to get a clear picture of my marriage..
This was an easy process.
     I found this service to be very user friendly and very thorough. I would recommend this service to any of my divorcing friends...
– Meghan

Our Commitment To Our Customers

Texas Divorce Papers

We offer you Texas divorce forms that are accurate and up to date. Our process is quick and effective.

Approval Guarantee

100% Court approval guarantee. If your Texas divorce forms are not approved with the court we will refund your money.

Cost-Effective Divorce Solution

Most cost-effective solution for families that cannot afford an attorney in Texas.

Best Possible Solution

Best possible solution for people abroad or those in the military to file divorce in Texas online.

Want to apply for divorce in Texas from the comfort of your home?

We promise to give you top-notch service and you can get a uncontested divorce without having to hire an attorney. We make the commitment to you and give you time to go on with your life the way you desire to live it.

Apply now