Our 3StepDivorceTM Online Divorce for Texas is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the Texas courts to finalize your divorce.
In the event that the documents provided are not accepted by the Texas court due to the fault of 3StepDivorceTM, you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
Texas Residency Requirements
A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed. A person not previously a resident of this state who is serving in the Armed Forces of the United States and has been stationed at one or more military installations in this state for at least the last six months and at a military installation in a county of this state for at least the last 90 days is considered to be a Texas domiciliary and a resident of that county for those periods for the purpose of filing suit for dissolution of a marriage. The divorce is typically filed with in county in which the filing spouse resides. (Texas Code - Family Code - Chapters: 6.301)
Texas Divorce Grounds:
The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. (Texas Code - Family Code - Chapters: 6.001-6.007)
Texas Property and Debt Division
In a decree of divorce or annulment the court shall order a division of the following real and personal property, wherever situated, in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage: (A) property that was acquired by either spouse while domiciled in another state and that would have been community property if the spouse who acquired the property had been domiciled in this state at the time of the acquisition; or (B) property that was acquired by either spouse in exchange for real or personal property and that would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition. In a decree of divorce or annulment, the court shall award to a spouse the following real and personal property, wherever situated, as the separate property of the spouse: (A) property that was acquired by the spouse while domiciled in another state and that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition; or (B) property that was acquired by the spouse in exchange for real or personal property and that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition. In a decree of divorce or annulment, the court shall confirm the following as the separate property of a spouse if partitioned or exchanged by written agreement of the spouses: (A) income and earnings from the spouses' property, wages, salaries, and other forms of compensation received on or after January 1 of the year in which the suit for dissolution of marriage was filed; or (B) income and earnings from the spouses' property, wages, salaries, and other forms of compensation received in another year during which the spouses were married for any part of the year. (Texas Code - Family Code - Chapters: 7.001-7.006)
Texas Spousal Support, Maintenance, or Alimony:
A court that determines that a spouse is eligible to receive maintenance shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including: (A) the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse's ability to meet the spouse's needs independently; (B) the education and employment skills of the spouses; (C) the duration of the marriage; (D) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance; (E) the ability of the spouse from whom maintenance is requested to meet that spouse's personal needs; (F) dissipation of assets; (G) the comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and the separate property of each spouse; (H) the contribution by one spouse to the education, training, or increased earning power of the other spouse; (I) the property brought to the marriage by either spouse; (J) the contribution of a spouse as homemaker; (K) marital misconduct of the spouse seeking maintenance; and (L) the efforts of the spouse seeking maintenance to pursue available employment counseling as provided by Chapter 304, Labor Code. (Texas Code - Family Code - Chapters: 8.001-8.055)
Texas Custody and Visitation:
(1) The court will strive to promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreement containing provisions for conservatorship and possession of the child and for modification of the agreement, including variations from the standard possession order. (2) If the court finds that the agreement is in the child's best interest, the court shall render an order in accordance with the agreement. (3) Terms of the agreement contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. (4) If the court finds the agreement is not in the child's best interest, the court may request the parties to submit a revised agreement or the court may render an order for the conservatorship and possession of the child. A child 12 years of age or older may file with the court in writing the name of the person who is the child's preference to have the exclusive right to designate the primary residence of the child, subject to the approval of the court. (Texas Code - Family Code - Chapters: 5-153.004-153.434)
Texas Child Support:
The court may order either or both parents to support a child in the manner specified by the order: (a) until the child is 18 years of age or until graduation from high school, whichever occurs later; (b) until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law; (c) until the death of the child; or (d) if the child is disabled as defined in this chapter, for an indefinite period. The court may order either or both parents to make periodic payments for the support of a child in a proceeding in which the Department of Protective and Regulatory Services is named temporary managing conservator. In a proceeding in which the Department of Protective and Regulatory Services is named Permanent Managing Conservator of a child whose parents' rights have not been terminated, the court shall order each parent that is financially able to make periodic payments for the support of the child. In a Title IV-D case, if neither parent has physical possession or conservatorship of the child, the court may render an order providing that a non-parent or agency having physical possession may receive, hold, or disburse child support payments for the benefit of the child. (Texas Code - Family Code - Chapters: 154.001-154.309)
How Do I Know if I Should File in Texas?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Texas Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Texas?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Texas?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Texas?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Texas Forms: Our question and answer technology will allow you to easily complete your Texas divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Texas Divorce Forms List
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A total of 90 people have started their divorce through 3StepDivorceTM in the last 24 hours and 917 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Texas. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorce TM you can complete and print your Texas divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file for divorce in Texas in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready start the DIY divorce process, learn more about getting your Separation Agreement or learn more about the basics of divorce in Texas .
We provide unlimited support for all of our customers through our Texas Divorce Online Help Center. We take great pride in being able to respond to our customers in a "human" to "human" approach (as you can see, we do not hide our toll free number (888) 665-6782). We understand the need a customer may have to talk to a person rather than the typical automated voice or e-mail support system. Please keep in mind that we are not lawyers and we do not give out legal advice. If you need legal advice regarding your uncontested divorce in Texas, we recommend that you contact a lawyer in your area.
In almost all cases, you file for a divorce in the state where you reside. This means that if you are a resident of Texas, you file in Texas and are governed by Texas's divorce laws even if you were married, for example, in California.
You must meet Texas's residency requirement for a Texas court to have jurisdiction over your divorce.
Texas 3StepDivorce™ works as long as both you and your spouse agree about everything, and both of you are willing to sign the divorce paperwork.
You do not have to sign the papers together, at the same time and place, but the Texas 3StepDivorce™ requires both spouses to sign.
It sure does. The Texas 3StepDivorce™ allows you to address all issues regarding children, including but not limited to, physical and legal custody, visitation and support, care, health insurance and tax deductions.
Thousands of people divorce in Texas every year without hiring a lawyer.
When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them. This is called a contested divorce, and hiring a lawyer is a good idea in this case.
When a Texas divorce case is uncontested and both parties are willing to sign, (when you and you spouse agree about everything) filing your own divorce is a common choice in order to cut down legal expenses. Read about the advantages of filing your own uncontested divorce in Texas.
The residency requirements for a Texas uncontested divorce are as follows:
One of the spouses must be a resident of Taxes for six months prior to filing and 90 days prior to filing in the county where the action is filed.
The residency requirement applies to military personnel stationed in Texas.
Yes. The divorce paperwork requires a signed authentication that you have been a resident of Texas for at least the past six months in Texas and 90 days in the county.
This is a state law.
Signing false statements is perjury.
If the court requires proof for some reason, typically a Texas driver's license or state identification is sufficient. An affidavit of a corroborating witness testifying about your residency also works.
Your spouse does not need to live in Texas to use 3StepDivorce™. After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them. After your spouse returns them, you file in your local county court.
Very often divorcing spouses live in different states.
The grounds for divorce in Texas are as follows:
No Fault: 1) when the marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of marriage and prevents any reasonable expectation of reconciliation; 2) when the spouses live separate and apart for three years.
General: 1) Adultery; 2) abandonment for a period of one year; 3) confinement for incurable insanity for three years; 4) conviction of a felony and imprisonment for more than one year; 5) cruelty.
Once the divorce paperwork has been filed in court, it usually takes 60 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.
3StepDivorce™ saves time because all lengthy delivery times are eliminated when you print your documents from your computer. You control revisions and reprintings as necessary.
In Texas, a divorce hearing is required to discuss what has been presented in the Petition for Divorce. If there are children involved, a short hearing, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce.
If there are no children, the process in very streamlined. Since you and your spouse are in agreement, there is nothing for the court to decide. Learn more about divorce hearings in Texas
The mandatory waiting period is 30 days in Texas.
Yes. 3StepDivorce™ includes a protocol for the wife to take back her former or birth name as part of the filing. It is easier to effect a name change during the divorce rather than after the divorce is finalized. Read more about a name change during a divorce in Texas
Separate and marital property and debt is identified and addressed in your 3StepDivorce™ account. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided.
Yes. You answer a few questions dealing with individual retirement accounts. You have the option of waiving rights to each other's account(s), or dividing any marital portion of an account by a specific percentage or a dollar amount.
Once again, a few questions inside your account deal with the disposition of the marital home. All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership.
A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time. These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation.
Texas requires that a support order be put in place for all minor children.
3StepDivorce™ provides the Texas Child Support Guideline Worksheet, so you can easily calculate the state's recommendation for monthly support, but you have the option of taking these recommendations under advisement. The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet.
We provide Texas Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income.
Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so.
Yes. Once you and your spouse agree to a monthly child support amount, a judge reviews your decision. He or she will accept it if it seems reasonable. However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines. Your explanation and reasons for it determine whether or not the judge accepts your proposed child support amount.
Texas permits deviation from its child support guidelines when "the evidence rebuts the presumption that application of the guidelines is in the best interest of the child and justifies a variance from the guidelines." In this, the court considers "evidence of all relevant factors," including 1) the age and needs of the child, 2) the ability of he parents to contribute to the support of the child, 3) the financial resources available for the support of the child, 4) the amount of time of possession of an access to the child, 5) the obligee's net resources (including imputed income, if necessary), 6) child care expenses by either party, 7) whether either party has the managing conservatorship or actual physical custody of another child, 8) the amount of alimony or spousal maintenance actually or currently being paid or received by a party; 9) college expenses; 10) other compensation received by either spouse; 11) other deductions from "other compensation" received by the parties, 12) the provision for health care insurance and the payment of uninsured expenses, 13) "special or extraordinary education, health care or other expenses of the parties or of the child," 14) the cost of travel for visitation, 15) cash flow from any real or personal property and assets, 16) debts and debt service by either party, and 17) "any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents."
Yes. Child support can be modified based on a change in circumstances. In Texas, a change in circumstances means "a significant change in circumstances," generally, changes "not considered when the original judgment was entered" that are "permanent and substantial" and/or "affect one's current standard of living."
Yes. Child custody arrangements can be modified when, for example, they break down because of the conduct of one of the former spouses.
Yes. The terms and conditions of both sole and joint/shared custody are defined by you and your spouse.
Yes. You can either use a standard schedule that we provide in your account, or you can use our option to customize your own.
Yes. Some of the divorce papers need to be notarized. The step-by-step filing instructions explain who signs what and whether a particular document needs to be notarized. The documents requiring notarization contain notary clauses below individual signature lines.
No. If desired, each of you may sign and/or notarize a document at a different time and/or place.
As mentioned, very frequently spouses sign and notarize the documents at different times and places because they live apart in different states. This happens often, for example, when one of them has moved or is in the military.
In Texas, the divorce papers are filed in the District Court of ______________ County, Texas, ______________ Judicial District, which is the local county courthouse, where the Domestic Relations or Family Law department accepts the divorce filing. The divorce documents are submitted to the Clerk of the Courts. You pay a filing fee, and the clerk assigns the case a case number.
In Texas, the fees vary by county. Roughly the fees range from $200 to $310, depending upon the county and the type of divorce action. If you want to know the exact amount, you can call the courthouse and ask.
Filing fees underwrite the cost of the court system, but in the case of indigent petitioners these fees may be waived.
Normally, an indigent petitioner completes a very short form at the time of filing. This form asks the court to waive the fees because of financial hardship.
Yes. If you have signed up but not filed any divorce papers, then nothing must be done. If you have initiated the action by filing the Petition, your case can be dismissed after a few months for lack of prosecution.
Often the clerk of the court can help a person remove a case from the court docket.
The Texas 3StepDivorce™ includes the following documents:
- Texas Filing Instructions
- Original Petition for Divorce
- Marital Settlement Agreement
- Schedule for Possession of Minor Children
- Waiver of Citation
- Child Information, Texas Family Code, Section 152.209
- Financial Affidavit and child Support Worksheet
- Request to Issue Employer's Order to Withhold Earnings for Spousal Maintenance
- Employer's Order to Withhold Earnings for Spousal Maintenance
- Decree of Divorce
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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