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

By | January 21, 2016

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.

Leave a Reply

Your email address will not be published. Required fields are marked *