Yes, if you and your spouse essentially agree on all issues. Uncontested divorces are most common for couples who have no children, have not been married long, and have not acquired lots of assets or incurred lots of debts during their marriage.
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If you and your spouse are among the lucky few who are having a truly amicable divorce, you will have to put your agreement in writing and attend a hearing before the judge at which your divorce is finalized. It depends on your situation. A contested case will take much longer than an uncontested case, for example. In any event, Texas law require you to wait at least 60 days after filing your petition before the court grants your divorce.
This is called a "cooling-off period. Of course, that doesn't happen often. Texas allows divorce for both fault grounds and no-fault grounds. In a no-fault divorce, a couple essentially states that their marriage is no longer working, without assigning legal blame to either spouse. The grounds for no-fault divorce are:. Texas is a community property state.
The judge will divide the marital property equally between the spouses. Each spouse will get to keep his or her own separate property, which includes property the spouse earned prior to marriage and gifts or inheritances to that spouse alone during marriage.
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Texas isn't particularly friendly to the idea of alimony. Generally, a court will award alimony only in limited circumstances. For example, if you are unable to support yourself due to a disability, or unable to work because you must care for a child with a disability, the court may award spousal support.
In Texas, both parents are typically appointed as "Joint Managing Conservators" of the child. In essence, this means the parents have joint legal custody of the child, and share the right to make important decisions about how the child is raised, educated, and so on. Texas law presumes that this arrangement is in the best interests of the children. However, the court will make other arrangements if there has been domestic violence or abuse. The courts also usually implement the Texas Standard Possession order, which determines each parent's physical custody and visitation rights.
Child support guidelines in Texas are pretty cut and dried. The parent who does not have custody must pay a certain percentage of his or her net income for child support. This provides a baseline amount that is presumed to be fair. Texas Forms: Our question and answer technology will allow you to easily complete your Texas divorce forms for an uncontested divorce.
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Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable. A total of 80 people have started their divorce through 3StepDivorce TM in the last 24 hours and 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. 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.
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 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. 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.
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.
Texas Code - Family Code - Chapters: 8.here
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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: 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. 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. 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.
The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
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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.
A: If a party qualifies for court-ordered spousal support, the maximum duration is usually established by the length of the marriage. If the marriage lasted 10 to 20 years, the maximum duration is five years. If the marriage lasted 20 to 30 years, the maximum duration is seven years. If the marriage was longer than 30 years, the maximum duration is 10 years.
There are a few exceptions to this, and also a judge is not required to order the maximum number of years. Q: What factors will the court consider when determining how much alimony to award to a party? A: The court will consider the needs of the requesting spouse and the ability of the other spouse to pay.
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The court will additionally consider the health and age of the parties, ability to work, responsibility for children, availability of funds and the length of the marriage, among other factors. Q: On what basis does the court decide how marital property is divided? A: The court starts with a presumption that all the property earned or acquired by either spouse during the marriage is community property, owned equally by the spouses. If you have separate property you may have to prove it by tracing it with "clear and convincing evidence.
For example, you might show that you inherited some money from your grandmother and always kept it in a separate account with only your name on it. The court divides community property between the spouses in a "just and right manner. In some cases, however, factors such as unequal earning power and fault in the marital relationship can affect the division of property. Q: Is the "separate property" of one spouse subject to being divided up?
A: The question here is whether property "belonging to" one of the parties should be included in the marital estate for purposes of an equitable division. Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate. Q: What if the parties occasionally use an item of separate property for the benefit of both parties? A: The property may be subject to division depending on the circumstances.