If you've separated amicably, and can agree on everything from the division of property to child custody matters, you may not need an attorney for your Texas family law matter. Read on for more information, including how to file for divorce in Texas without a lawyer, and links to legal aid sites and state forms that will help you file divorce papers and finalize with only a brief court appearance.
Texas Divorce Eligibility
Before you file for divorce, ensure that you're eligible. There are a few temporary situations that can prevent a successful filing:
- Pregnancy – If you or your spouse is pregnant, you'll have to wait until the baby is born, in order to address child custody and support issues in the divorce.
- Residency – One spouse must have been a Texas resident for the six months prior to filing, and a resident of the county for 90 days.
- Bankruptcy – If you've filed for bankruptcy, wait until the bankruptcy has been finalized before trying to divide property and debt in the divorce.
Divorce in Texas: Free Forms
Couples filing for divorce in Texas can download free family law forms online to end a marriage with children or without children.
If you're filing papers to end your marriage in Texas, and you have children, follow this link for copies of the papers that you will need to file. In brief, you must accomplish the following to complete an uncontested divorce in the state of Texas:
- Fill out and file a petition for divorce.
- Serve your spouse with the divorce papers, and file proof of service with the court.
- Fill out a Decree of Divorce.
- Go to court and get the judge's signature on the decree.
- File the signed divorce decree.
Texas Divorce Attorney – When to Call a Lawyer
When you both agree, it's easy to file for divorce in Texas without a lawyer. If your spouse doesn't agree to any part of the divorce, however, it becomes a "contested" divorce. In this situation, if you can't work out the differences prior to filing papers, you may need a lawyer to advocate for you in court. In addition, any situation involving abuse or large amounts of property, money or debt often require the advice of a lawyer. Even if you've agreed on every aspect of the divorce action, you're best off having a lawyer look over the agreement before filing.
This article is meant to be used for general information purposes only, and is not a substitute for legal advice. Please see an attorney for information about your specific circumstances. Need some help? Read these related articles:
Finding the Best Divorce Attorney Before Filing for Divorce – Even someone filing an uncontested dissolution action can end up needing a lawyer. Learn how to find the best divorce attorney before filing for a divorce.
Do It Yourself Divorce Forms in Texas – Interested in getting a divorce without a lawyer in Texas? Look here for information about Texas do-it-yourself divorce laws and easy online forms.
Texas Divorce Laws – Property Division for Married Couples in TX – In the Texas divorce laws, property division is made by dividing assets into separate vs. community property, which are treated differently by TX courts.
How to Find the Best Lawyer for Your Family Law Situation – Learn how to find the best divorce lawyer for you and hire an attorney who has experience with issues in your situation, like inter-state disputes or abuse.
Reference:
Supreme Court of Texas. Texas Rules of Civil Procedure. (2010). Retrieved Jan 3, 2011.
Victoria Nicks - Victoria Nicks has a Master's Degree in IT, and extensive hands-on experience with various types of hardware and software.
Join the Conversation