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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.
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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)
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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)
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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.
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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.
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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 75 people have started their divorce through 3StepDivorceTM in the last 24 hours and 770 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.
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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 . |
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Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the court’s requirements for the next steps you’ll need to take.
Traditionally, most people have hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to a much cheaper option that’s still easier than figuring out everything on their own: filing for divorce online.
If you want to know more, read on for answers to some of the most common questions about online divorce in Texas.
Texas 3StepDivorce™ takes care of the divorce paperwork for you. Once you sign up for the service, you’ll answer some questions about your situation. Based on your responses to the questionnaire, Texas 3StepDivorce™ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information that’s needed. You’ll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
Texas has two basic requirements to file for divorce in the state: a residency requirement, and a legally recognized reason for ending your marriage.
If you want to get a divorce in Texas, you or your spouse must have lived in the state for at least six months just before you filed the divorce papers. Also, one of you must have lived for the past 90 days in the county where you file for divorce. (Tex. Fam. Code § 6.301 (2022).)
Texas allows both “no-fault” and “fault-based” divorces. When you file for a fault-based divorce, you’ll claim (and need to prove) that your spouse is to blame for the end of your marriage by engaging in certain kinds of misconduct, such as adultery, cruelty, or abandonment. Fault-based divorces generally take longer, cost more, and are more contentious than no-fault divorces. That’s why most Texas couples file for no-fault divorce.
Texas has two no-fault grounds for divorce:
(Tex. Fam. Code §§ 6.001, 6.006 (2022).)
Filing for divorce based on “insupportability” is the easiest and quickest way to end your marriage. That’s why you and your spouse will need to agree on this reason when you use Texas 3StepDivorce™.
Many Texas residents are finding that they can get a do-it-yourself divorce without a lawyer if they file for an uncontested divorce (also known as an “agreed divorce” in Texas). That means they’ve agreed with each other about all of the legal issues in their divorce, including:
If they have minor children, they must also agree on:
If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, you’ll have to file for a traditional, contested divorce. Because that will involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for you—especially if your spouse has an attorney.
You may use Texas 3StepDivorce™ if:
You’ll need to have a written marital settlement agreement, signed by both you and your spouse, that covers all of the issues in your divorce. Texas 3StepDivorce™ will guide you through the process of creating this agreement, based on your answers to the questionnaire.
Texas 3StepDivorce™ can also help if you aren’t ready to file for divorce, but you want a separation agreement with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills while you’re separated but still legally married.
Just because you haven’t been able to agree with your spouse about everything in your divorce, that doesn’t necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could try divorce mediation. If you’re able to resolve your disagreements with the mediator’s help, you can then use Texas 3StepDivorce™ to prepare the written settlement agreement, along with the other divorce paperwork.
Generally, you can use Texas 3StepDivorce™ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions. Texas 3StepDivorce™ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but you’ll have an option of customizing the schedule to meet your individual needs.
However, you won’t be able to address custody-related issues with Texas 3StepDivorce™ if the affected child or children don’t meet the “home state” requirement. Usually, that means the child must have lived in Texas with a parent (or a parent figure) during the entire six-month period before you file for divorce (or since birth if the child is younger than six months old). If you don’t meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule. (Tex. Fam. Code §§ 152.102(7), 152.201 (2022).)
In Texas, both parents have an obligation to support their children. But when they get divorced, the parent who has the children for the least amount of time (the “noncustodial parent”) pays child support to the custodial parent. Under the state’s guidelines for calculating child support, the amount of support is based on a percentage of the noncustodial parent’s net income and other resources.
3StepDivorce™ provides the Texas Child Support Guideline Worksheets, so you can easily calculate the state's guideline level of support. You and your spouse may agree to an amount of child support that differs from the guideline amount, but the judge will need to review and approve your agreement to make sure that it’s in the child’s best interests. Texas law requires that any time the amount of child support departs from the guideline, the judge must find that applying the guideline would be “unjust or inappropriate” under the circumstances. (Tex. Fam. Code §§ 154.124, 154.130 (2022).)
In your settlement agreement, you and your spouse may include child support provisions that aren’t legally required, such as a parent’s contributions to private school tuition or the cost of a child’s college education. You may also agree on some specific questions like which parent will claim the children as dependents on tax returns.
After your divorce in Texas is final, you (or your spouse) may request a change in the amount of child support, but you’ll need to show that your circumstances have substantially changed in a way that affects the ability to pay or need for support. However, if the original order doesn’t provide for medical or dental coverage, and you’ve been receiving enforcement or collection help from the Child Support Division of the Texas Attorney General’s Office, you won’t need to show a change in circumstances to get a modification to provide medical or dental support. (Tex. Fam. Code § 156.401 (2022).
The judge will review your request for a modification based on the same legal requirements for an original child support order.
If you want to save the time and expense of a court battle over a request to modify child support, you and your spouse may agree to a modification on your own. But you’ll still need to have a court hearing so that a judge may review the agreement and decide whether it’s in the child’s best interests.
You may also request a modification without a court hearing through the Child Support Division, in what’s known as the Child Support Review Process.
When you fill out your questionnaire for Texas 3StepDivorce™, you’ll answer a series of questions about your separate and marital property and debts, including how you’ll divide your marital property and allocate responsibility for payment of the marital debts.
If you own a home with your spouse, your agreement can spell out what will happen to it when you get divorced. Here again, the questionnaire will include a few questions about the property and how you’ve chosen to deal with it, such as:
In your Texas 3StepDivorce™, you may also agree on whether and how you’ll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.
If you started contributing to the retirement plan before you were married, you’ll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You’ll almost always need this kind of expert help when you’re dealing with a defined-benefit pension.
Once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here’s how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don’t have to hire another expert to prepare the kind of special order that’s needed to tell the 401(k) administrator how to divide the account.
The rules are different for IRAs. You may simply agree to have your spouse’s share transferred to another IRA account in that spouse’s name. (You’ll have to submit a special form to the bank, along with a copy of your divorce decree.)
You and your spouse may waive any right to spousal maintenance (alimony) in your Texas divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
You have two options for filing your Texas divorce papers:
The court fees for filing divorce papers vary by county in Texas. Check with the court clerk’s office ahead of time to find out what the local fee is, as well as the forms of payment that the clerk will accept.
If you can’t afford to pay the filing fee, you may request a fee waiver by filing a form that gives detailed information about your income, property, expenses, and debts. If the court clerk doesn’t believe that you qualify, a judge will have to decide whether to grant the waiver.
The uncontested divorce process is relatively quick. However, Texas requires a minimum 60-day waiting period (starting from the day after you filed the divorce papers) before the judge may grant your final divorce. The only exceptions to this waiting period are when you have an active family violence protective order against your spouse, or your spouse has been convicted of a domestic violence crime. (Tex. Fam. Code § 6.702 (2022).)
In practice, even an uncontested divorce could take three or four months in Texas, depending largely on how busy the courts are in your county—which will affect how long it takes you to schedule a hearing to have the judge review your paperwork.
Also, you should know that after the judge signs your final divorce decree, there’s another 31-day waiting period before you or your ex may get married to someone else. (Tex. Fam. Code § 6.801 (2022).)
Texas 3StepDivorce™ provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our Texas Divorce Online Help Center at (888) 665-6782 (toll free), Monday through Friday from 8 am to 5 pm (Pacific Time).
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about Texas law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
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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| A sister company of Divorce Source with over 750,000 forms processed since 1997. | Have your completed documents within 1 hour (with or without children) | Instantly print your documents (free delivery by US Priority Mail is also available). | Instantly make changes (gives you full control, the way it should be!) | All required divorce documents ready for signing. |
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