Texas Uncontested Divorce Process
A marriage can be dissolved online using our divorce forms when both parties agree on the key terms of their separation. Known as uncontested divorces, these cases tend to take less time and money to resolve, making the process of ending a marriage much easier on you.
Instead of arguing over the specifics of your marriage dissolution, you can use our online do-it-yourself divorce kit to collaboratively reach creative solutions for any concerns you or your ex might have. To begin the Texas uncontested divorce process online and from the comfort of your own home, download our DIY divorce forms today.
Steps and Requirements for Uncontested Divorces in Texas
State divorce law requires that at least one spouse has lived in Texas for the six months prior to filing for marriage dissolution. If at least one spouse in the marriage satisfies the state’s residency requirement, they may file for divorce in Texas. Our forms require:
- Both spouses’ names and contact information
- Proposed agreements relating to any marital assets
- Reasons for seeking the divorce
- Financial information
If you are filing independently, you must serve your spouse with a copy of the Petition of Divorce and provide proof of service to the county clerk’s office. After the mandatory 60-day waiting period has passed, you may submit your final decree of divorce to the judge for approval.
Asset and Debt Distribution
Texas is a community property state, meaning all debt incurred or assets acquired during the marriage belong to both spouses equally. If either spouse entered the marriage with assets or debt or received a gift or inheritance in their name only, those would be considered separate property and excluded from division upon divorce.
Texas law requires that the terms of a final decree of divorce be fair and just to both spouses. When it comes to asset distribution, however, the court may divide community property in half, awarding 50 percent of the assets to both spouses. It is therefore crucial to discuss how you will identify certain assets as part of the process for an agreed divorce.
Child Support and Custody
If you and your ex share minor children, you must also come to an agreement on individual custody rights and child support when preparing to file an uncontested divorce. While joint custody is generally the preferred agreement, that arrangement doesn’t work for all families. For example, if you or your spouse work night shifts and rest during the day, you may need a more tailored custody agreement. Regardless of whether you want both parties to share legal and physical custody or not, you must make a parenting plan that suits your children’s best interests.
With respect to joint custody, divorcing parents should be able to agree on which spouse will be the custodial parent, where the children will live most of the time, and who will have final decision-making rights. The non-custodial parent typically has rights to visitation and responsibilities for child support payments.
It is important to consider a practical visitation schedule, child support amounts, whether there will be any geographic restrictions on where either parent may live, and how the spouses will co-parent during the uncontested divorce process in Texas.
Finalizing an Uncontested Divorce in Texas
Use Our DIY Divorce Kit to Begin the Uncontested Divorce Process
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- Log in or create a login.
- Submit information about you and your spouse and the desired outcome of your divorce via our online questionnaire.
- Sign and file your personalized divorce forms.