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Should You Live With Your Spouse During The Divorce Process?

Feeling an immediate urge to move out after filing for divorce is certainly understandable. However, it’s important to know that leaving your home can disadvantage you in divorce proceedings. In an emotional time, its very important to consider the ramifications of every action you take. The two biggest issues are as follows:

Ownership of The Home

If you move out of your home pursuant to a divorce, the court may be more likely to give ownership of the home to your ex, who is still living there. This can set you up for a host of financial issues. Furthermore, if the home was purchased during the marriage and the party moving out early is the primary owner, the court may make him or her continue paying bills on the home as part of a status quo order.


A status quo is implemented to prevent any of the parties involved in a dispute from taking any action until the matter can be resolved, and in this case, its purpose is to deter the homeowner from putting an impossible financial burden on his or her spouse. This may result in the leaving party being forced to pay for two living spaces, the old and the new, which for many is not financially realistic.  

Child Care and Custody

If you do not have a court-ordered schedule established, moving out of the home can cause many problems with placement of children, both long and short-term. Living in separate homes means that children will inherently have to be in one place or the other. Without a legal order, this means that it is up to you and your spouse to decide who the child is with and when. If you are having disagreements, it essentially puts you in a place where the first to pick your child up from school, daycare, etc. is who is spending time with the child. This is a terrible position to be in for you, your spouse, and your child.


When it comes to deciding custody, the judge will most likely favor the parent who is most active in the child’s life. Moving away from the home can put you in a position where you may not be able to be as close with your child. This may cause a judge to believe that the child depends more on your spouse than he or she does you.

Looking to Make the Divorce Process a Bit Easier?

Staying in the home can be very difficult, but it should be strongly considered. Working through emotional issues, attempting to co-exist with your spouse in a shared space, and managing your finances can all take a serious burden on your psychological well-being. This is why finding simple but meaningful ways of making the divorce process easier is so important.


US Legal Pro specializes in handling many of the most time-consuming and technical pieces of paperwork involved in divorce proceedings, thus freeing up your time and your mental energy so that you can focus on the issues that are truly important to you during this difficult time. If you need help paying for the cost of divorce filing, we can even file for a fee waiver on your behalf, potentially saving you hundreds in unnecessary costs during a financially challenging process.


If you want to learn more about the services we offer, visit US Legal Pro online today. We look forward to assisting you!

How to file for divorce for cheap?

Getting a divorce is difficult in a lot of ways. One of the most stressful aspects are the financial issues. From dividing up properties to tax problems, divorce can put a large financial burden on both parties.

On top of those issues are the legal fees. Depending on the state you are in, a filing fee can be upwards of $400. In Texas, divorce filing fees are between $250-$350. Especially at a time when your personal finances are put under great strain, this is no small cost. However, finances should not prevent a person from getting out of an unhappy situation.

Luckily, there are steps you can take to attempt to waive the divorce filing fee in Texas.

Requesting a waiver

Forms are available in two formats: (1) electronic fillable, and (2) printable. The documents that you need to file to request a filing fee waiver include a Petition/Motion to waive the filing fee and an Order for the judge to use to grant or deny the request.

States with shorter documents include prompts asking for information to gauge your income and expenses, while states with longer documents require you to fill out more detailed financial information in the form of a supporting affidavit or financial statement. The length of the waiver request documents is between 2-5 pages by state.

In the state of Texas, the information you will be required to provide through such paperwork if you wish to receive a fee waiver includes:

  • Acknowledgment of any government assistance you get due to your finances.
  • Your household income, calculated to represent how much you make after
  • A list of any and all financial dependents, i.e. children.
  • Documentation of your expenses.

There are a few situations that will virtually guarantee that your waiver request gets accepted. These include (but are certainly not limited to) the following:

  • You are currently receiving government benefits due to poverty, for example, food stamps, temporary assistance for needy families, Medicaid, supplemental security income, or public housing.
  • Your legal representation is pro bono, that is to say, you are represented by a free lawyer provided for purposes of legal aid. It sometimes also occurs that legal aid organizations receive applications from needy individuals and are unable to provide a lawyer. In such cases, you will also likely be awarded a waiver.
  • The court finds that you lack sufficient funds to pay for your family’s basic needs.

After Filing

Once you have filled out the fee waiver documents required in your state, file them with the Court Clerk. You may turn this in with the rest of the documents needed to open a divorce case. The judge will review the fee waiver and then decide whether to grant it. If your request for a fee waiver is denied, you can file a motion requesting that the judge review it.

If your fee waiver is granted, you will be obligated to inform the court if your financial situation improves. A copy of the fee waiver documents you filed must also be given to your spouse. The easiest way to fulfill this duty is to simply include this with the other documents you filed when you deliver a copy to your spouse or his/her attorney.

Need Help?

Filing paperwork needed for divorce is quite a hefty job. In times of stress, it may not be a bad idea to look for legal help. US Legal PRO will do the tough paperwork including submitting a divorce filing fee waiver — get in touch today for more info.

5 Facts to Know Before Filing For Divorce in the State of Texas

Divorce can be a stressful time, as it represents more than just a separation. For many, divorce goes hand in hand with a number of important changes in lifestyle, living arrangements, and life plans.

In spite of the challenges, however, divorce can also be a first step on the road to a better life. If you have made the decision to leave an unhappy situation and are unsure of how to proceed, researching divorce laws in your state is a good place to start. In this article, we will discuss a few facts about
Divorce in Texas that you should know.

1. Certain Requirements Must Be Met For Divorce In Texas

Texas is a “no-fault” divorce state, which means divorce can be filed on the grounds of insupportability — in other words, a discord of personalities. That being said, one should not get the impression that divorce in Texas is always going to be quick and easy. The state of Texas requires a 60 day waiting period between the filing and finalization of a divorce. Two other residency prerequisites also apply:

● One spouse must have been a Texas resident for at least six months before the divorce can be filed in the state.

● One spouse must have been a resident of the county for at least 90 days before divorce can be filed in that county.

2. Spouses are Forbidden From Taking Certain Contentious Actions During the
Divorce Process

This is a good thing because it means your spouse will not be able to seek revenge on you by doing things like closing your bank account, canceling your credit card, taking your children out of state, changing your children’s’ schools, or altering your life insurance policy.

As a temporary measure, the court may also make a few decisions regarding the living arrangements and financial responsibilities of the couple until divorce procedures have been finalized. Examples of this include:

● Who lives in which property.

● Who may drive which vehicles.

● Who pays which bills.

● Temporary child and/or spousal support.

● Temporary custody arrangements for children.

● Temporary possession/care for family pets.

3. The State of Texas Strictly Defines Child Support Payments

Child support payments after a divorce in the state of Texas are calculated according to a sliding scale: the party ordered to pay support must make payments equal to 20% of their income for one child, 25% for two children, 30% for three children, etc. up to a max of 40%. Another important point to keep in mind: alimony is rarely awarded in Texas, so it’s generally safer to assume that you will not receive any funds in this way.

4. Laws Exist to Protect Your Private Information, Even in a Divorce

You may have heard horror stories of people being forced to turn in their social media conversations, publicly expose their medical records, or otherwise compromise their privacy during a divorce hearing. Though this is certainly possible, it is important to keep in mind that a number of laws exist to protect your privacy — for example, records may only be released if they are relevant, and in many cases, you can request that such records be for the judge’s eyes only.

5. Finalizing A Divorce in Texas Requires a “Prove Up” Hearing

A prove up is a final review of your case by a judge. This process usually takes a mere 5 to 10 minutes, and in fact only one of the two parties involved in the divorce needs to attend. Such a process can sometimes be nerve-racking, but keep in mind that the vast majority of prove-ups are uneventful, and it is exceedingly rare for a judge to not approve a divorce during this process. Once the prove-up is over, the judge will finalize the proceeding, and you will be officially divorced.

Need Help Filing for Divorce?

US Legal Pro
is your go-to site for electronic divorce filing, made easy. Visit us online today to learn more about filing for divorce in Texas — we can help you get through this difficult process quickly and efficiently so that you can get on with your life!

How you can effortlessly & cheaply file uncontested divorce in Texas court in 1 hour from your bed

Going through a divorce is a painful process. You might experience a lot of changes in your family and personal life and on top of that, the whole procedure of divorce might leave you feeling exhausted. We, as the state certified and nationally recognized Electronic Filing Service Provider (EFSP), can assist you through the steps required to eFile the divorce. As the state of Texas has adopted the eFiling system and has made it mandatory in all the counties, you need not worry about visiting the court and submitting the papers. Instead, file the divorce from your bed quick and easy. The digital age has made the process easier, cheaper and faster which is sure to minimize your stress and effort. If you are planning on having an uncontested divorce, using US Legal PRO’s eFiling service can save you time and money. Go through the following steps and let US Legal PRO handle the hard part.

  1. Go to Texas Uncontested Divorce Site and complete the questionnaire – You can also provide your electronic signature right from the comfort of your bed (15 minutes)
  2. Email at and ask them to expedite the process. If you do not want to expedite, you do not have to email
  3. US Legal PRO will send you completed petition for uncontested divorce (45 minutes)
  4. Once you approve it, US Legal PRO will go ahead and file it for you (15 minutes)

Courts generally take few hours to up to 3 working days to accept your filing. Note: Filing for divorce is not the same as getting divorced. You still have to do following steps after the court accepts your divorce petition.

  1. Give your spouse “Legal Notice”
  2. Fill out “Final Decree of Divorce”
  3. Present your case to the judge by going to “Uncontested Docket”
  4. Finish by turning in your Final Decree of Divorce that the judge signed to the Court Clerk

*Note: Between Step #2 (filling final decree of divorce) and #5 (presenting your case to the judge by going to uncontested docket), there is a mandatory waiting period of at least 61 days unless a protective order is involved.

Cheap and Fast Online Divorce – Step by Step Instructions !

Texas Uncontested Divorce Process (Step by Step Instructions)

1) File Original Petition for Uncontested Divorce

In this step, US Legal PRO will help you file petition for divorce based on the information that you provide. This petition is your request for a hearing to allow a judge to grant you a divorce. Typical court fee for filing an original petition for divorce is $250 to $350.

uslegalpro.com_Original Petition For Divorce

2) Give Your Spouse Legal Notice


Now that you are done with filing Original Petition for Divorce and your petition has been accepted, you will need to give Legal Notice to your spouse and also prove to the court that you notified your spouse. There are three ways of doing this:

2.1) Waiver of Service – This form may be filled out by your spouse if he or she agrees to sign it. It tells the Court that your spouse has received a stamped copy of the Original Petition for Divorce and does not want to be formally given a copy by a constable, sheriff, or process server. This form allows the judge to finalize your divorce as long as your spouse has signed the Final Decree of Divorce, and allows your spouse to be notified of any hearings in the case. Your spouse must sign the Waiver in front of a notary. The Waiver must be signed at least one day after the Original Petition for Divorce is filed.

2.2) Official Service of process – Official service of process is when your spouse is formally “served” with (given) the Original Petition for Divorce by a constable, sheriff, or private process server, or when the clerk sends it by certified mail, return receipt requested. You must use official service of process if a Waiver of Service form has not been filed in your case. It is always best to officially serve your spouse if there has been domestic violence in the relationship or a Protective Order is in effect.

2.3) Service by Publication or Posting – You may either use Publication or Posting in case you are unable to locate your spouse. You will have to demonstrate to the judge that you tried very hard to locate you wife.

3) Wait

60 days

Now that you have given your spouse a Legal Notice, it is time to wait. You will be required to wait at least 60 days before the divorce can be finalized. The 60 day period starts from the time the Original Petition for Divorce is stamped. In other words, the shortest time it will take to finalize a divorced in Texas is 61 days. In case of domestic violence, there could be an exception to the 60-day rule.
Additional Waiting Period Considerations:
21 days answer period – If your spouse was served with a legal notice by an official process server, you will have to wait 21 days answer period + number of days till next Monday after 21 days answer period from the day spouse was served. Note that the total days could fall outside of 60 days waiting period.
7 days waiting period – If your spouse was served by Posting, you will have to wait 21 days answer period + 7 days waiting period + number of days till next Monday after 7 days waiting period.
10 days waiting period – If your spouse was served with a legal notice by an official process server, the process server gives you completed return of service which will need to be on file with the District Clerks for 10 days.
Note: Your spouse can file an answer any time before finalizing the divorce.

4) Determine if you case is Still Uncontested

Is still agreed

Now that you have waited, determine if your case is still uncontested. Your case is:
Contested – If your spouse files an answer and does not agree to the terms of the Divorce

Uncontested & Agreed – If you and your spouse agree on the terms and condition in Decree of Divorce, your spouse has signed a waiver or answer, and your spouse is willing to sign your Decree of Divorce.

Uncontested & Default – if your spouse did not file an answer after waiting period after being officially served.

5) Contact Court & Write Degree of Divorce and have Spouse Sign


Now that you have determined that your case is still Uncontested, find out when the court hears uncontested cases and plan in advance as to when to go to the court. Before you go to the court for the final hearing, complete the Decree of Divorce and have spouse sign the final version.

6) Go to the Court