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How to File a Divorce in Texas

According to American Psychological Association, approximately 50% of all married couples in the United States will file for divorce. However, even if about half of us will have to step inside the family court room, no two divorces are alike. This is for many reasons. For example, a person in an uncontested divorce with no children will have a quick and easier time than someone who is in a heated contested divorce with many minor children. So, it is important that you know a couple tricks of the trade when it comes to family law. Luckily, this article will guide you through the most common hurtles a person faces when they file their own divorce without an Attorney.

Uncontested V. Contested

If you do a quick internet search about how to file a divorce, you will see the terms “Contested” and “Uncontested” peppered in every article, blog, or post about divorces. So, what do they mean? Well, it is actually quite simple. A contested divorce is a divorce in which you and your spouse do not agree with every aspect of divorce. On the other hand, an Uncontested divorce is one in which you and your spouse agree on everything. This includes how to divide up the property you have accumulated during the marriage; who gets custody of the family pets; which spouse will decide which school or doctor your children will go to; and, of course, who gets custody of the children. With so many things being decided it stands to reason that there are very few uncontested divorces. However, just because you and your spouse can’t agree on who gets fluffy doesn’t mean that you need to hire an expensive attorney. There are always a ton of cheaper options such as mediators.

What Needs Form to be Included in my Divorce Petition?

In Texas, the number of forms you need will depend on a number of things including, but not limited to: whether you and your spouse have children; whether or not you or your spouse is in the military; whether or not you know where your spouse lives or if your spouse agrees to waive service; or whether or not you will need spousal support. However, all types of divorces will need three forms an original petition of divorce, a final decree of divorce, and some type of serves. To get into the finer details of each would require another article, which will be coming soon. However, an easy solution would be to go to uslegalpro.com. There all you have to do is fill out the quick and simple questionnaire and then they will create the forms that are specific to you and even file them with the court.

Where Should I File my Divorce?

This is probably one of the trickiest questions that a person has to answer when they are filing their own divorce, or Pro Se. However, before you answer this question, you will need to ask yourself a few other questions. One such question is have my spouse and I lived in Texas for the at least 6 months? Because for Texas courts to have jurisdiction over your case you and your spouse must have lived in the state for at least 6 months. If not, then you will have to either wait or file suit in the state in you lived before. There is an exception to this rule, however, which is if you or your spouse is actively in the military and deployed somewhere other than Texas. If you meet this 6 month requirement or you meet the military exception, the next question you will ask is what county do I live in? In Texas, divorces are filed in the Circuit Court of your county, so long as you have also lived in that county for 90 days. However, larger cities like Houston will have many circuit court clerks, so you may have to call around a bit. There is another quicker and cheaper option you can do if you want to save yourself some time and headache. You can always go to uslegalpro.com and they will not only prepare all your forms, but also file the entire petition for you along with a fee waiver to get rid of those high court costs.

How Much Does It Cost to File a Divorce?

In Texas, a person will usually have to pay two filing fees. The first will depend on your county. Your best bet is to visit your county court’s website or call the clerk of your county to further elaborate of the subject. The second fee will be the fee paid to serve the summons to your spouse. Again, this will vary by county and what type of service you are allowed to provide. These two fees can be very costly in sum areas, but that should not keep you in a loveless marriage. That is why Us Legal Pro files a fee wavier for you if you believe you can not afford the court costs.


There you have it, folks. Above is a comprehensive guide on what you need to file a divorce. Do not go calling the lawyer just yet. uslegalpro.com can help you. It is fast. It is simple. And best of all, it is cheap. Go now and get started on the next chapter of your life.

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