Today, we'll be discussing how to do your own uncontested divorce in the state of Texas.
Divorce can be a difficult and emotional experience for anyone, but it doesn't always have to be a long and drawn-out legal battle. For couples who are able to agree on the terms of their divorce, an uncontested divorce can be a simpler and more affordable option. In Texas, an uncontested divorce is also known as a "DIY divorce," meaning you can do it yourself without hiring an attorney.
While the thought of navigating the legal system and filing paperwork may seem daunting, it is possible to successfully complete an uncontested divorce in Texas with some guidance and preparation. This comprehensive guide will walk you through the entire process, from filing the initial paperwork to receiving your final divorce decree.
First, it's important to understand what an uncontested divorce entails. An uncontested divorce is a divorce in which both spouses agree on all the terms of the divorce; including division of property, child custody and support and alimony. If there are any disagreements, the divorce is considered contested and typically requires the assistance of an attorney.
In an uncontested divorce, you have the option of either filing a joint petition, where both you and your spouse file the paperwork together or filing a single petition, where one spouse files the paperwork and the other spouse signs a waiver agreeing to the terms of the divorce. This guide will focus on the process of filing a single petition, as it is the most common option for those pursuing a DIY divorce in Texas.
Before beginning the process, it's important to note that each county in Texas may have different rules and procedures for filing an uncontested divorce. It's recommended to research the specific requirements and procedures for your county or consult with a local attorney to ensure you're following the correct process. With that in mind, let's dive into the steps for completing your own uncontested divorce in Texas.
Summary of the Process
Here is a comprehensive guide on how to do your own uncontested divorce in Texas.
Meet the Residency Requirements
Before you can file for divorce in Texas, you or your spouse must live in the state for at least six months prior to filing and you must live in the county where you will file for at least 90 days.
Determine Whether Your Divorce Is Truly Uncontested
An uncontested divorce means both parties agree on all terms of the divorce; including property division, spousal support, child custody and child support. If you and your spouse cannot agree on any of these issues, you will need to file for a contested divorce and hire an attorney.
Prepare the Required Documents
To start your uncontested divorce in Texas, you will need to prepare the following documents:
Original Petition for Divorce: This document states your desire to end your marriage and includes basic information about you and your spouse, your children and your property.
Waiver of Service: This document confirms your spouse has received a copy of the Original Petition and agrees to waive formal service of process.
Final Decree of Divorce: This document details the terms of your divorce and must be signed by both parties and the judge.
Other required documents: In a divorce by publication, you'll have these additional four documents: Petitioner's Affidavit, Motion for Substitution of Service, Order on that Motion and Respondent's Last Known Address.
File Your Documents
Take your documents to the county clerk's office in the county where you or your spouse have lived for at least 90 days. File your Original Petition for Divorce and pay the filing fee (the fee varies by county). You will receive a case number which you will need to put on the top of your documents.
Serve Your Spouse
Serve your spouse with a copy of the Original Petition for Divorce and the Waiver of Service. They will need to sign the Waiver of Service and have it notarized. Make sure your spouse signs the Waiver of Service at least a day after you file the Original Petition for Divorce. You cannot have the same date for both.
Prove Up Your Divorce
Once you have filed all the necessary documents and served your spouse, you will need to go to court to prove up your divorce. This means you will need to answer questions about your marriage, property and children. Some courts will provide these questions for you, while others will expect you to know them. You can ask the court clerk for the questions or contact a local attorney for assistance.
Finalize Your Divorce
Once the judge approves your divorce, you will need to submit your Final Decree of Divorce to the court clerk for signature. If the judge signs the decree, you will be officially divorced.
Obtain a Certified Copy of Your Divorce Decree
After your divorce is finalized, obtain a certified copy of your divorce decree from the court clerk. This is important because you will need a certified copy to change your name or make other legal changes.
Jurisdiction
If you're looking to get a divorce, you may be wondering what the process entails and whether you need an attorney to help you. While it's always a good idea to consult with a divorce attorney, there are some situations where you may be able to handle the divorce on your own.
Before you get started, there are a few things you need to know. First, you must meet the residency requirements for Texas. To file for divorce in Texas, you or your spouse must live in the state for at least six months and in the county where you plan to file for at least 90 days. If you don't meet these requirements, you would need to file in a different county or state.
Once you've determined you meet the residency requirements, you can begin the process of filing for an uncontested divorce. The first step is to file an Original Petition for Divorce with the court. This document serves as your request to the court to grant you a divorce.
When you file your Original Petition for Divorce, you must also pay a filing fee. The amount of the fee varies depending on the county where you file. If you can't afford the filing fee, you may be able to request a waiver of the fee.
After you file your petition for divorce, you must serve your spouse with a copy of the petition. If your spouse agrees to the terms of the divorce, they can sign a waiver of citation, which means they don't have to be served by a process server or a constable.
Once your spouse has signed the waiver of citation, you can proceed with finalizing the divorce. You'll need to file a Final Decree of Divorce, which is the court's order granting the divorce.
It's important to note that while an uncontested divorce can be a relatively simple process, there are still legal requirements that must be met. If you're not familiar with the legal system or the divorce process, it's always a good idea to consult with an experienced divorce attorney.
At the Law Office of Bryan Fagan, we understand divorce can be a difficult and emotional time. Our team of experienced divorce attorneys is here to help you navigate the legal system and ensure your rights are protected. If you're considering an uncontested divorce, contact us today to schedule a consultation. We're here to help you every step of the way.
Divorce by Publication
In a divorce by publication, there are four additional documents you'll need: petitioner's affidavit, motion for substitution of service, the order on that motion, and respondent's last known address. While these documents are specific to a divorce by publication, it's important to note there are different documents and procedures for different types of divorces.
One term you may hear when filing for divorce is "style of the case." This refers to the little block on the left side of your pleadings, which includes the names of the parties involved in the divorce, such as Jane Doe vs. John Doe.
Another important term is "cause number," which is the number assigned to your case by the court when you file your petition. The court hearing is the date on which you will go to court to finalize your divorce and the docket is a list of cases that the judge will hear on that day.
When you file for divorce, it's important to follow the local rules of the county in which you are filing. Local rules may include specific requirements for filing paperwork, such as the format of your documents or the number of copies required.
You will file your divorce documents with the court clerk, who is responsible for accepting and processing legal documents. The court coordinator is the person who controls the docket and schedules court hearings, so it's important to be familiar with this person if you need to schedule a court hearing.
When you file for divorce you will need to file in the appropriate court. Larger counties like Harris County, Travis County and Bexar County have dedicated district courts or family courts for Family Law matters, while smaller counties may have a county court of law where you will file your case.
Finally, when your divorce is finalized, you will need to obtain a certified copy of the final decree. This document is the final order signed by the judge, and it certifies that your divorce is final. You may need to provide a certified copy of your final decree in certain situations, such as when conducting business or making changes to legal documents.
At the Law Office of Bryan Fagan, we understand filing for divorce can be overwhelming and confusing. That's why our team of experienced divorce attorneys is here to guide you through the process and ensure your rights are protected. If you're considering filing for divorce in Texas, contact us today to schedule a consultation. We're here to help you every step of the way.
Drafting and Filing the Original Petition for Divorce
If you're considering filing for divorce in the state of Texas, you may be wondering whether your case will be heard in a district court or a county court of law. The answer to this question will depend on the county where you file your case.
When you're drafting your divorce petition, it's important to know whether you'll be filing in a district court or a county court of law. This is because the right side of the petition will require you to indicate whether you'll be filing in a county court of law or a district court.
To determine which court you'll be filing in, you'll need to call to the county where you plan to file your case. The clerk will be able to tell you whether your case will be heard in a district court or a county court of law.
Once you know which court you'll be filing in, it's time to draft your petition. The petition will include information about you and your spouse, as well as the grounds for divorce. If you're a female and you want to change your name, you can do so on the petition. This can save you time and money later on, as changing your name after the divorce is finalized can be costly.
When you file your petition, the clerk will stamp it with a case number and provide you with copies. It's a good idea to take a few copies with you, as you may need to give one to your spouse.
Finally, it's important to note the cost of filing for divorce will vary depending on the county where you file your case. When you make your phone call to the county, be sure to ask how much it will cost to file an uncontested divorce with no children.
Waiver of Service
The cause number and the waiver citation are important to the divorce process.
When you file for divorce, you'll receive a case number from the court. This case number is important because you will need to include it on all your legal documents, including your waiver citation. The waiver citation is a document that gives your spouse notice of the divorce proceedings and allows them to waive their right to formal service of process.
When drafting your waiver citation, be sure to include the case number at the top of the document. It's also important your spouse's signature is notarized. Without a notarized signature, the document is considered invalid.
It's important to note the date on the waiver citation should not be the same date that you filed the petition. This is because the court wants to ensure your spouse received proper notice of the divorce proceedings and had time to consider their options before signing the waiver.
Once your spouse has signed the waiver citation, you have two options. You can either file it immediately with the court or wait until your court date to file it. Filing the waiver citation immediately can help expedite the divorce process, but waiting until your court date may allow you to file all your paperwork at once.
The Final Divorce Decree and the BVS Form
The final divorce decree is the document that actually grants you the divorce. This document will be reviewed and signed by the judge and it will also include signatures from both you and your spouse. It's important to note your spouse's signature does not need to be notarized on this document, unlike the waiver citation.
Once the final divorce decree is signed, you have the option of filing it with the court immediately or waiting until your court date to file it. Filing it immediately can help expedite the process, but waiting until your court date may allow you to file all your paperwork at once.
The last document you'll need to fill out is the BVS form. This is a state form that collects data on divorces in Texas. It's a simple, one-page document you can fill out ahead of time to save time at the courthouse.
By ensuring you have all of the necessary documents and information prepared ahead of time, you can help streamline the divorce process and minimize any potential delays or complications.
The Prove Up Hearing
Navigating through the divorce process can be overwhelming and confusing, especially if you are not familiar with the legal jargon and procedures involved. However, with a little guidance and preparation, you can make the process smoother and less stressful.
One important aspect of getting a divorce is understanding the questions the court will expect you to answer during the proving up process. Typically, these questions revolve around your personal details, marriage and any potential children involved. While some courts may provide a list of questions, others expect you to know them beforehand, so it is essential to familiarize yourself with the process.
Another crucial step is scheduling your case for the hearing. To do so, contact the court clerk or coordinator and inquire about the specific days they hear uncontested divorces or how to get your case on the docket. Arriving early on the hearing day can also help ensure you have all your documents in order and ready to go.
When you appear before the judge, you will be required to prove your case by answering the questions and asking the judge to grant you a divorce. If all goes well, the judge will grant your divorce and you can proceed to obtain a copy of your final divorce decree.
It is important to keep in mind different counties and courts may have their own unique rules and regulations, so it is always wise to do your research and seek professional guidance when needed. DIY Texas Divorce and the Bryan Fagan Law Office can provide valuable resources and assistance throughout the divorce process.
Navigating the divorce process can be challenging, but by following these steps and seeking professional guidance, you can make the process smoother and less stressful. Remember to take notes and keep all documents organized and don't hesitate to reach out for help when needed
