Introduction
You and your spouse have had enough of the dysfunctional marriage and are ready to call it quits. The occasional visit to the marriage counselor has not been helpful and the only option is filing for a divorce. But let’s be honest, a divorce can be a messy process that can weigh on your emotional, psychological and financial well-being. Luckily, there is an inexpensive way to end your marriage with less hassle. Let’s know more about cheap divorce in Texas.
An uncontested divorce is the least expensive and hassle-free process. The prerequisite to being eligible for an uncontested divorce is that both parties need to agree to avoid trial. Cooperating on all divorce-related issues such as child support, custody, and division of property would simplify the process. After the spouses are in congruence on ending the marriage and the reason for the split, a petition can be filed.
Ineligibility for an uncontested divorce.
Couples who are unable to reach an agreement on one or more divorce-related issues are ineligible for an agreed divorce. They may need to file for a contested divorce, which will take longer and cost more money. In case a custody court order exists, an uncontested divorce will only be a viable option if it is a final court order that involves all the children of both spouses. If any of the parties should wish to contest the court order, an agreed divorce option is out the door.
Process of filing an uncontested divorce suit.
Review of requirements.
Preparation of divorce documentation.
Delivery of divorce paperwork to your spouse.
Completion of the divorce process.
Review of requirements.
The first step in any divorce process is always to confirm the residency requirements. The state of Texas requires at least one of the spouses to be a resident of Texas for at least six months before any divorce petition is filed. In addition, both parties have to live in the county of choice for at least 90 days leading up to the divorce petition.
Preparation of divorce documentation.
Once the residency requirements have been met, you can get the divorce papers and commence filling in the divorce petition. The divorce forms vary from county to county, so it would be helpful to contact your local court clerk to get clear direction on the correct forms for you. There are additional online services that offer these forms but make sure to confirm if they are right for your county.
A filing fee will be charged once the divorce paperwork is submitted to the district office. If you are unable to pay, you may apply for a fee waiver.. It is important to note that this route can have an additional hearing for the court to review your financial capacity and make a judgment on the waiver.
Delivery of divorce paperwork to your spouse.
Once the divorce petition is filed, 2 copies will be returned for both you and your spouse. You can deliver the papers to your spouse using a private service or process server, which will incur a fee. This option will require you to submit a return of service affidavit after delivery to confirm the papers were received by your partner.
Another option would be to deliver the papers yourself. If you do choose this option, and your spouse agrees to sign the papers, they will have to file a waiver of service form to admit receipt of the petition and have it signed before a notary.
Completion of the divorce process.
Your spouse should file an answer to the divorce petition as soon as possible if they do have plans to contest. If not, the court will automatically award a default judgment and proceed without their involvement. 60 days after a petition is filed, a court will finalize the divorce and the process is complete.
Do you need a lawyer to file an uncontested divorce petition?
No, you can handle the process yourself or utilize online resources for the same. Though you may not need a lawyer, it may be beneficial to have one review the divorce agreement to make sure it is fair to both parties.
Does Texas recognize legal separation when filing for divorce?
Unfortunately, the state of Texas does not recognize legal separation. However, being separated for at least 3 years is a qualification for divorce.
Conclusion.
In summary, divorce is a lengthy and tumultuous process. Both parties agreeing on all divorce-related issues can fasten the procedure and save a lot of money. Hiring the services of a family divorce lawyer or mediator can help couples reach favorable agreements and help to file the petition correctly while meeting all requirements.
Frequently asked questions.
Can you waive the 60-day waiting period in Texas?
If your spouse is convicted of domestic abuse, you are exempt from the 60-day waiting period.
In Texas, how soon can one remarry after an annulment?
You will have to wait for 30 days after a divorce is concluded.
