Uncontested DIY Divorce Texas: Cost-Effective Option to Divorce

• What is an uncontested DIY divorce?
• Can you file for uncontested DIY divorce in Texas?
• Uncontested DIY divorce step-by-step
• Uncontested DIY divorce timeline
• How much does it cost?
• What factors make you a good candidate for uncontested DIY divorce?
• Tips
• FAQ
• References

An uncontested DIY divorce in Texas can be a cost-effective option for ending your marriage. By not retaining an attorney, you could save tens of thousands of dollars, although you should still plan to pay court filing fees.

What is an uncontested DIY divorce?

Instead of retaining an attorney, you represent yourself in court in an uncontested DIY divorce. The fact that the divorce is uncontested means that you and your spouse agree on all aspects of your divorce terms, from who will keep the marital home to how you will split assets and time with any shared children that you have.

In a DIY divorce, the responsibility of properly completing and filing the necessary documents falls on you.

Can you file for an uncontested DIY divorce in Texas?

To file for an uncontested DIY divorce in Texas, you must know for sure that both spouses have agreed to amicably divorce. This includes the determination of who gets what once the marriage has ended, whether either person will be requesting spousal support, and who retains decision-making rights (one spouse or both) if minor children are involved.

Another point to confirm is that both you and your spouse are Texas residents. Per Texas Family Code 6.301, one of you must have lived in the state for the prior six months, and one of you must be a resident of the county in which the suit was filed for the previous 90 days.

Per Texas Family Code 6.302, if one of you has lived in the state for at least the last six months, a spouse living in another state may file a divorce suit in the country in which the Texas resident lives at the time the petition is filed.

Uncontested DIY divorce step-by-step

Several steps are involved in the uncontested divorce process in Texas. Here’s what you need to know about each step:

1. Download your forms

One person (the petitioner) starts the divorce process in Texas. The forms you need depend on your family type and whether you share children.

If you share children, you need the following forms:

•   Original Petition for Divorce (Set B)
•   Civil Case Information Sheet
•   Exhibit: Out-of-State Party Declaration (only if you or your spouse live outside of Texas)
•   Information on Suit Affecting the Family Relationship

If you don’t share children and have an opposite-sex marriage, you need the following forms:

•   Original Petition for Divorce (Set A)
•   Civil Case Information Sheet
•   Information on Suit Affecting the Family Relationship

If you don’t share children and have a same-sex marriage, you need the following forms:

•   Original Petition for Divorce (Set D)
•   Civil Case Information Sheet
•   Information on Suit Affecting the Family Relationship

2. File your forms

Make three copies of all your forms, and take them to a court in your county of residence. The filing fee for doing this yourself is around $300. Once the court has been paid, a clerk will stamp the forms.

3. Give forms to your spouse

Provide a stamped copy of your Original Petition for Divorce and a blank response form. Once again, the response form you need depends on your family circumstances. The following versions are available:

•   Waiver of Service Only (Set B) if you share children
•   Waiver of Service Only (Set A or D) if you don’t share children

Ask your spouse to fill out the blank form and sign it before a notary at least one day after you file the petition. Ask your spouse to give the original signed version back to you. Then, file it with the district clerk at the courthouse handling your divorce.

4. Fill out final documents

Collaborate on the details of your split, and write your plans in the proper final decree of divorce. The following three versions are available:

•   Final Decree of Divorce (Set A) if you have no children in an opposite-sex marriage
•   Final Decree of Divorce (Set D) if you have no children in a same-sex marriage
•   Final Decree of Divorce (Set B) if you share children, along with a Standard Possession Order form and an Income Withholding Order for Support form

You both must sign the form, and it must be complete when you sign it.

5. Wait 60 days

Texas requires people to wait 60 days between filing for divorce and attending a hearing to end the marriage.

6. Go to court

Bring your signed documents to court, and give them to the clerk. The judge may ask questions about your plans and review your documents with both parties. At the end of your hearing, the judge will stamp your documents and give them to you. File them with the clerk at the courthouse to end your case.

How long does a DIY divorce take in Texas?

A DIY divorce takes a minimum of 61 days. Generally, however, it takes longer than that to gather, complete, and submit all the necessary forms.

This timeline can be significantly extended if you fill out forms incorrectly and have to restart the process. You can expedite the process by working with an online divorce platform that can guide you through the process.

Read: Why Hello Divorce is Better than Other Online Divorce Services

How much does an uncontested DIY divorce cost?

An uncontested DIY divorce in Texas can cost as little as about $350 in court filing fees. Notably, an average contested divorce in the state can cost more than $15,000. With children and marital assets to consider in the divorce, that figure can quickly balloon past $20,000.

If you don’t hire a lawyer, you would still be responsible for filing fees, but even those could be waived if you can demonstrate financial need.

This table can help you understand the cost differences between a traditional and a DIY divorce:

The filing fees a there same for contested and uncontested divorce. If you can’t afford the court fees, you can ask a judge to waive them.

Fill out a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond form and file it. Your fee should be waived if you can prove that any of the following are true:

• You get government benefits (like food stamps) based on your income.
• You’re represented by a lawyer via legal aid due to your income, or you were financially eligible for this help and couldn’t get a lawyer.
• You don’t have enough money to pay for your household’s basic needs.

Read: How to Get a Divorce Filing Fee Waived

What factors make you a good candidate for uncontested DIY divorce?

An uncontested DIY divorce can be quicker than working with an attorney. However, more of the burden falls on you to secure all the right documents, fill them out properly, ensure that your spouse is filling out their documents properly, and submit everything to the court in a timely and appropriate manner. If you are confident in your ability to do this, the process we outline here will be more straightforward than going through an attorney.

An uncontested DIY divorce in Texas might be the right option for you if you and your spouse are in full agreement over the terms of ending your marriage and are ready to get the process started. If dealing with the minute details of the paperwork seems overwhelming, consider an online divorce platform like Hello Divorce to help you move through the process quickly and affordably. If you and your spouse are not in agreement, mediation might be the right step forward.

Tips for a successful uncontested DIY divorce in Texas

While a DIY divorce can save you significant time and money, it can still be stressful and time-consuming if you make mistakes along the way.

Here are some tips for a successful DIY divorce in Texas:

Make sure you meet the necessary residency requirements. You or your ex must have lived in the county where you file for at least 90 days and in the state for at least six months.

Confirm you meet the requirements for an uncontested divorce. This means you and your ex are not blaming each other for your dissolution of marriage, nor are you contesting any aspect of your marital settlement agreement.

Make sure you and your ex agree on how to separate assets, debt, and custody of any children. You’ll also need to work out any spousal support and child support payments ahead of time.

Have a professional, like an online divorce platform, review your forms or guide you through the process. If you make a mistake on a form, you may have to restart the entire process, so it’s worth it to get assistance from a pro.

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Texas DIY divorce FAQ

Can I file for divorce myself in Texas?

Yes, you can file for divorce yourself in Texas. You simply download the forms online, complete them, and file them with the court yourself. You do not need an attorney. 

Can I divorce in Texas without going to court?

It’s possible. This could work for an uncontested divorce in which you and your ex agree on the terms of your divorce. You might still need to attend a final hearing, though.

How can I get a quick divorce in Texas?

The fastest way to get divorced in Texas is if you and your ex agree on the terms of your divorce. You still have to wait for the 60-day waiting period to pass, but you could theoretically be divorced within 61 days.

How much is a simple divorce in Texas?

A simple divorce in Texas can cost as little as about $350. It could cost more than that, of course; some simple divorces cost a couple thousand dollars. It depends on the complexity of the case. If you are filing on your own without professional assistance, you simply have to pay court filing fees.

It’s wise to have a professional review your forms, so an online divorce platform can be a good, inexpensive solution to make sure you’ve gone through the process correctly. If you and your ex disagree on some terms, you can enter mediation, and this is significantly cheaper than hiring an attorney.

To learn more about what we offer at Hello Divorce, schedule a free 15-minute phone call.

References