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

Going through divorce is a painful process. You might experience 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 efile@uslegalpro.com 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 protective order is involved.

 

The END

How to get divorce in Texas without an attorney – for Dummies

Getting divorce as Pro Se litigants (Self-Filing) has gotten easier nowadays as there are many tools available online to help guide through the process. Introduction of eFiling has simplified the process even further as it is just a matter of few clicks and picks to file for divorce. Following simple guide will help you through the divorce process:

#1 Determine whether your divorce is contested or uncontested?

  1. A divorce case is contested when you and your spouse do not agree on the details of getting the divorce. For example, you do not agree on how to divide your property and debts, or what to do with your children.
  2. A divorce case is uncontested under following two circumstances:
    • When you and your spouse agree on ALL the details of getting the divorce.
    • If your spouse does not file an answer with the court after being officially served with your divorce paperwork.

#2 What if my divorce is contested?

In the case your divorce is contested, the divorce proceedings take much longer to complete and typically involve greater stress and increased legal fees. So if it is a contested divorce, it is better to seek help of attorneys.

#3 What if I cannot afford to pay a lawyer for divorce?

If you cannot pay for legal fees, you may file for “Affidavit of Indigence”. Want know more about “Affidavit of Indigence”?

#4 Where do you get divorced (Residency Requirement)?

If you OR your spouse has lived in Texas for the last 6 months, you can file divorce in Texas. File your divorce in the county courthouse where you or your spouse has lived for the last 90 days.

If your children don’t live in Texas or haven’t lived in Texas very long:

A Texas Court cannot make initial custody and visitation orders about a child unless:

1) the child has lived in Texas for at least the last 6 months (or since birth), or

2) Texas was the child’s home state and the child has been gone for fewer than 6months.

 

There are a few exceptions to this rule. Talk with a lawyer if this is an issue.

 

If your spouse lives outside of Texas:
As long as you meet the residency requirements for divorce, you can get divorced in Texas even if your spouse lives in another state. However,the Court must have personal jurisdiction over your out-of-state spouse to include orders in your divorce that impose a personal obligation on your spouse—such as ordering your spouse to pay a debt or pay child support.

 

#5 When can I file for divorce?

You may file for divorce at any time however there could be a delay if the baby is on the way. Most courts will have you wait until the baby is born and only then finalize the divorce so that orders regarding baby can be included in the divorce decree.

But wait what if the baby is not mine?

It still does not matter even if the baby is not from the divorcing husband. Court is likely to wait.

#6 Can you help me file for divorce?

If you want guided help then please go to https://uslegalpro.com/blogs/category/divorce .

#7 Where do I file for Divorce?

As per the decision of the Supreme Court of Texas, all the civil and family cases in Texas are accepted as electronic filing or eFiling. You must complete your case processing through EFSP in order to file any civil cases in Texas. Click here to register yourself with US Legal PRO and begin your case in Texas court.

#8 How will I get confirmation that my divorce paper has been filed?

You receive the confirmation e-mail from Texas eFiling system it sends you the court stamped copy of your petition. Save that petition, print it and use it as official copy.

#9 I filed for the divorce – now what?

After you have successfully eFiled your divorce case, provide your spouse with the notice of divorce filing and notification can be provided with following methods of services:

Waiver of Citation : This is for the case when there is complete agreement in ll issues between the divorcing parties and spouse don’t want copy of divorce filing and signs it.

Answer : This is for case when spouse wants the copy of divorce files but doesn’t wish to attend hearing and agrees to all the issues.

Service in person or by mail : If your spouse does not agree to the divorce or you are not in agreement on all issues, you may wish to serve him or her in person, by hiring a process server, or by registration or certified mail.

Service by publication : For the case when you are unable to find your spouse, you have to file affidavit with the court stating that you are unable to find your spouse with your honest efforts and publish your petition on newspapers for finding your spouse.

#10 Do I need to provide any evidence?

If you and your spouse are in complete agreement the court processing would not take long but if there are some settlements to make then you should be prepared for the hearing in order to make the settlements in your favor. You can familiarize with terms and requirements of courts, standards of your evidences and how you present yourself in court and so on. For more information about standards of evidences follow information in Texas Court website and read about Texas rules of evidences.

#11 When will be the hearing?

It depends upon the complexity of your divorce case, but generally it takes about 60 days after filing your divorce petition. Attend the hearing on the court in the designated date. If both parties are in agreement on all issues hearing concludes within ten minutes.

#12 Finally

Finally, you need to file Divorce Decree along with Information on Suit Affecting Family form by yourself which judge will sign. After the judge signs your Final Decree of Divorce, turn it in to the clerk’s office. Get a certified copy of your Final Decree of Divorce from the clerk and you are done.

Annulement in Texas -How to declare a marriage null and void?


Marie’s Story

I first dated him during the final year of my graduation. We were colleagues and our relationship started with a friendship and eventually we fell for each other. Even though we were falling in love, I was determined that we weren’t going to have premarital sex. We got engaged and I loved him even more than before, but I never let down my determination. And then about a year of dating I was graduated and we were married. It was just a small private ceremony. And then, on our wedding night, well . . . I don’t know how to put this . . . I discovered that he was . . . impotent. How can I continue my relation with him? Can I get an annulment?”

Marie’s story is so bizarre, and it happened in a small town in Central Texas. This is an illustration of voidable marriage for which you can get an annulment in the Texas Court.

NOTE: By 2016, all the civil matters in Texas must be filed in the court electronically i.e. case should be e-filed. Most of the counties and district courts in Texas have implemented eFiling and remaining will be joining soon.

Marriage can either be void or voidable? These are just legal terms for the grounds that you must prove to get an annulment in Texas. Unfortunately, most people who are thinking of getting an annulment don’t meet the requirements, and end up getting a divorce. It is important to understand that a civil annulment is not the same thing as a religious annulment.

Did you know?
With US Legal PRO, filing divorce is easy and fast. US Legal PRO not only helps with creation of Petition of Uncontested Divorce in Texas but also files the petition it for you in the court – a service that nobody else provides. US Legal PRO is the only divorce petition preparer in the state of Texas that is also an Electronic Filing Service Provider (EFSP) approved by the Office of court Administration. Filing civil cases like divorce, electronically, is mandatory in the state of Texas. Additionally US Legal PRO gives you ability to sign online thus eliminating the need to print, sign, scan and file.

So what are the grounds for annulment of a marriage in Texas? They’re divided into two different groups: void marriages and voidable marriages.

Void marriages are marriages that never could have been, and voidable marriages are marriages that never should have been.

VOID MARRIAGES

There are two grounds for declaring a marriage void in Texas:

  • Consanguinity
  • The existence of a prior marriage

Consanguinity means getting married to someone who is a relative. By that they mean a father or mother, a child, a brother or sister, an aunt or an uncle, a nephew or a niece. If you marry that close a relative, then you can seek an annulment to declare your marriage void.

You can also have your marriage declared void if your spouse was married to someone else when he/she married you. If you’re not single, you can’t enter into a marriage contract and the marriage is void.

But, if you stay married to the person and they dissolve their first marriage, then you automatically become married to them when the first marriage ends.

VOIDABLE MARRIAGES

Forced Consent

If one of the spouses was forced or threatened into marriage and only entered into it under duress, the marriage is voidable and you can claim for an annulment in the court.

Fraud

If one of the spouses agreed to the marriage based on the lies or misrepresentation of the other, the marriage is voidable. A Texas court won’t grant annulment for fraud, duress or force if the spouses continued to live together after the fraud was discovered or the duress or force was no longer present.

Mental Illness

If either spouse was mentally ill or emotionally disturbed at the time of the marriage, the marriage is considered voidable and it can be used as ground for an annulment.

Mental Incapacity

If either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent, you can ask the court for annulment.

Impotence

If either of spouses was physically incapable of having sexual relations or impotent during the marriage, it is a voidable marriage. The court won’t grant annulment if the spouse asking for annulment knew about the impotence at the time of marriage, or voluntarily lived with the impotent spouse since finding out.

Underage Marriage

If either spouse was too young to enter into marriage without parental consent or court approval. Once a spouse is 18, the spouse can’t file for an annulment based on being underage.

An annulment has to be filed by one of the spouses, unless one spouse is underage. If a spouse is underage, a parent or guardian can file for the annulment on their behalf. The legal age to get married in Texas is 18, or 16 with a parent’s consent or court order.

Concealed Divorce

Texas has a law that says that you can’t get married within 30 days after you get a divorce. Basically, that’s to give the other party a chance to get their paperwork from the divorce and reopen the case if they think they got screwed.

So, if your spouse got married to you less than 30 days after he/she got a divorce and there was no way that you could have known about that and you quit living with your spouse right after you found out, then you can get an annulment. But, you can’t get an annulment on these grounds after your first wedding anniversary.

Marriage Less Than 72 Hours After Issuance of the Marriage License

Texas requires people to wait at least 72 hours after they get their marriage license before they can get married. If you find out that your spouse didn’t wait those 72 hours, you can get an annulment

Note: You can’t file for an annulment under these grounds, if you’ve been married for more than 30 days.

So, these are the grounds for annulment under Texas family law. If you meet the requirements of any of them, then you can file for an annulment. If you don’t, you have to get a divorce.

10 things to know to eFile divorce case in Texas Courts

Divorce is a legal proceeding to dissolve a marriage that frees married couple from all matrimonial obligations. The most common issues resolved in a divorce are:

  • division of community property (and debt)
  • Determination of parental rights
  • Possession and access of children, and child support
Note: Many are interested in how much a typical divorce costs – so let us get that out of the way. Contested divorces cost vary depending on the complexity of the cases and attorneys and firms. Typically uncontested divorces cost from $350 to $1000 dollars if you do it yourself.  For example, US Legal PRO (Uncontested Divorce) charges $98 to prepare and even file the uncontested petition (unique service in entire state) – this is the cheapest in the entire state of Texas.  There are other sites that charge $300 to $400 dollars simply to create the petition and they do not file. However note that court will charge you approximately $300 for case initiation.


Here are the 10 important points you should know before filing for divorce to any courts in Texas.

1# You and/or your spouse must have lived in Texas

Consider following points to determine whether you are eligible to file in Texas courts.

  • You and / or your spouse must have lived in Texas for at least six months.
  • You must file in the county where either you or your spouse has lived for atleast 90 days before filing the divorce petition.
  • Divorce case should be filed in County District clerk.

2# Know whether your Divorce is contested or uncontested

Divorce is contested if:

  • You and your spouse don’t agree about getting the divorce.
  • There is conflict on dividing your property and debts.
  • There is conflict on what to do with your children.

Your Divorce is uncontested when:

  • You and your spouse agree on all of the issues in your divorce case.
  • Your spouse does not file an answer with the court after being officially served with your divorce paperwork.

3# Be aware of legal terms used in Divorce processing

Following are some legal terms you should be aware of while processing for divorce case.

Affidavit of Indigency
If you are poor, or on government benefits because you are poor, or you cannot pay court fees, you may fill out this form to ask the Court if you can file for divorce without paying the court and filing fees. The Court may ask you to present evidence of your income and expenses at a hearing. The Court may or may not decide to let you file without paying. It is also called a “Pauper’s Oath” or an “Affidavit of Inability to Pay Costs”.
ADR Statement
Short form of Alternative Dispute Resolution Statement. It is a written statement to the court which states that you and your spouse will try to resolve the issues in the divorce before asking Judge to make the decision.
Amicus Attorney
An Attorney appointed by the court to represent the best interest of the child.
Attorney Ad Litem
An Attorney appointed by the court to represent the wishes of the child as he would for an adult client.
Child Support
Money paid by a parent to help the other parent support the child.
Community Property
Property owned by both you and your spouse during the marriage. This property may be divided during divorce proceeding.
Parties
The husband and wife generally, who has filed a court appearance in the divorce.
Petition
A legal paper that initiate your divorce case and tells the court what you and your spouse want.
Petitioner
The person who files for the divorce.
Pro Se
A person representing himself / herself to the court without the help of Attorney.
Respondent
The spouse of the person who filed for divorce.

4# Find a Lawyer for your case or seek advice from them if you represent yourself

It is better and strongly recommended to find  a lawyer to handle your Divorce case if:

  • You and your spouse do not agreee on all the terms and issues in divorce also known as contested divorce.
  • Your spouse has a lawyer.
  • You are afraid for your safety or your chilren’s safety.
  • You are unsure how to divide property such as retirement and real estate correctly.

However, you can represent yourself in a court without a lawyer also known as Pro Se if :

  • You and your spouse do agree on all the terms and issues in divorce also known as uncontested divorce.
  • You are aware of current law, including the current version of the Texas Rules of Civil Procedures, the Texas Civil Practice and Remedies Code, the Texas Family Code, the local Rules of the county where you will file for Divorce case.
  • You know how to represent yourself infront of judge in a court.

Getting a Divorce can be complicated. If you make a mistake, it could affect your children, your property, and your income. Try to consult a lawyer about your legal rights before you file your Petition for Divorce. There are some lawyer who will “guide” you to represent yourself and only charge for the services you request. Other lawyers are available only if you hire them to handle every step of the case.

Followings are the list of some useful links to get legal advice or help :

 

5# Complete Divorce Forms

Based on your type of divorce case and requirements, please click here to find the appropriate forms to file a divorce case. It is recommended that you start your case by filling Original Petition for Divorce form. If you cannot pay the court fees because of your financial isues, you must fill up Affidavit of Indigency form at first and submit it to the court. The clerk will then decide whether you are eligible to file a Divorce case for free which waives court and clerk fees.

 

6# File the Petition

The spouse filing the petition is called Petitioner. The petition is filed with the court to begin your Divorce. Following things should be included in your petition.

  • Your and your spouse current address. This allows the court to contact you if needed.
  • Date of your marriage with your spouse.
  • Date you seperated from each other. This date can be approximate date if you don’t know the exact date.
  • Other details asked in the form.

 

7# Notify your Spouse

After the Petition for Divorce is filed and stamped, you should legally notify your soon to be ex-spouse ( the Respondent). You must serve the Respondent in one of the following ways:

  • Have the Respondent sign a waiver of citation also known as Waiver of Service.
  • Hire a private process server of a county constable to personally serve the Respondent with a “citation” which is formal notice of the filing of the Petition for divorce prepared by the District Clerk
  • If, after a diligent search, you cannot locate the address of the Respondent, you may request the court order that the Respondent be served by publication or posting.

 

You can wait 20 days after the date your Respondent is Served. If the Respondent doesnot sign Waiver of citation, it is possible for you to move forward with the divorce without notice to the Respondent until after the case is final.

Note: The waiver is valid only if it is signed by the Respondent after the Petition for Divorce has been filed.

 

8# Wait

You must wait atleast 60 days after the petition for divorce is filed to court inorder to get divorce. During this time period:

  • You and your spouse may try to reach an agreement regarding the terms and specifics of the divorce.
  • Reaching an agreement may prevent an outside party (usaually a Judge) from making a decision regarding your life, property and relationship with children.
  • The court, on its own motion, or the motion of either party, after notice and hearing, may grant temporary orders regarding divorce issues.
  • If your spouse donot agree to the divorce terms the court tries to settle the resolution which is called meditation. Meditation is a non-binding, confidential process that may be done at any time during the divorce proceedings. A mediator is a third party appointed by the court or by the parties agreement who assist in finding common solution acceptable to both parties.

9# Prepare about how you present yourself in the court

You must be present in a court during a divorce proceeding. Here are few simple rules regarding manners you should prepare yourself before going to court or addressing the judge.

  1. Always Dress Nicely.
  • Men should wear pants and a shirt with a collar. If you have them available, a suit, jacket or tie always look good.
  • Women should wear a dress, skirt or pants that are not too tight, too short or too revealing.
  • Never wear shorts, t-shirts, sandals, sunglassees, a hat or excessive make-up or jewelry to court.
  1. Behavior
  • When speaking in the court, speak clearly, politely, slowly and loud enough to be heard by others in the court room.
  • Never interrupt anyone, especially the Judge.
  • Always address the Judge with “Your Honor”.
  • When addressing to someone else, refere to him or her as “Mr.” , “Mrs.”, “Ms.”.
  • Turn off your cell phones or keep them in silent mode.

10# Concluding Divorce Proceedings

After 60 days waiting period ends,  you may set your case for a final hearing anytime. You should call the court to find out when the judge hears the divorce.  On the day of final hearing , you should bring the following documents:

  • original Final Decree of Divorce
  • The Employer’s withholding order if child support is an issue
  • Waiver of Service
  • Other supporting documents.

Your divorce case is considered final as soon as the judge signs and dates the Final Decree of Divorce. Because you and the Respondent have thirty days to appeal the judge’s decision, neither you, nor the Respondent may re-marry again until that thirty days period has passed.

8 reasons to eFile in Texas Courts with US Legal PRO

Electronic Filing Service Provider (EFSP) is an online portal that allows the law firm or individuals to electronically file a case to the court. In other words, EFSP is a company that acts as a medium to electronically file your case to the court and sends the filing to official eFiling system.

eFileTexas.gov is the official eFiling system for Texas and in order to e-file your court case through any service provider, they must be certified by the Office of Court Administration (OCA).

US Legal PRO is OCA certified free eFiling service provider based in Texas State of the United States of America with motive to help attorneys and law firms or any individuals to file their court case online in county or district court.

Following salient features can clarify the reasons to choose US Legal PRO as your legal companion for eFiling in Texas:

1. Free filing

US Legal PRO is Office of Court Administration certified free EFSP in Texas. It is free in a sense that it does not charge for filing a case in the court through its portal. But court fees are deducted as per the court rule using any of the electronic payment medium that is available in the system.

2. Service is available 24×7

Unlike the court, where it shuts down at 5:00 p.m. and remains closed on holidays, US Legal PRO is available at service 24×7. Filing of the case can be done till 11:59 pm which means it is almost the whole day available for eFiling. Only thing required is a computer with internet access to electronically file your case in the court.

3. Easy and simple User Interface

US Legal PRO has very easy and simple User Interface with simple registration procedure. It’s simple interface and eFiling guidelines can be very helpful for the new users to understand and complete the court procedures without any confusions and hindrances.

4. Log in directly if you already have eFiling account.

If you have e-filed before in Texas Court through any existing EFSP, you do not have to register new account. US Legal PRO allows same old account to be used as eFiling account irrespective of EFSPs used for eFiling. But, if you are new to eFiling you must register an account to start eFiling.

5. Chat and telephone service available

Satisfaction of the customer is what matters for US Legal PRO. In order to make ease in eFiling process through US Legal PRO and for any clarification or suggestion, the professionals and legal support experts are available at chat or telephone service.

6. Economical

The cost for court and legal procedure is economical through US Legal PRO. eFiling with US Legal PRO helps to reduce paper cost, transportation and documentation charges and cost of other accessories automatically. The only charge you have to pay is the court charge and you can have your case e-filed spending minimum amount of money and time as well.

7. Immediate response system

US Legal PRO has the system that provides fast response to serve its clients. Also the system has the ability to process the documents and eFiling information fast and provide the filer with all alerts and information about case through emails in short time.

8. Helps to understand about eFiling.

US Legal PRO has provided the user with easy guidelines on its portal that can help people to understand the better perspective and benefits of eFiling. List of frequently asked questions and their answers can also be helpful in understanding Texas eFiling.

US Legal PRO is providing best eFiling services so that people can get eFiling service at least cost and higher convenience. US Legal PRO is dedicated to make the ongoing process of the transition of court practice in Texas simpler and can be very helpful to all the people seeking legal help or justice to enjoy the new system of electronic filing to its fullest.