A fully-functional family, growing old together; you’ve had that dream, but it doesn’t always work out. After finding an amazing partner, tying the knot, and enjoying a flourishing marriage for years, things can get messy, or you simply drift apart. At this point, you may be thinking about dissolving the marriage. While divorce offers a chance for a fresh start, it doesn’t always go smoothly, not to mention the financial implication. You can spend a considerable chunk of your hard-earned cash in the process, among the notable expenses, including attorney fees. Unsurprisingly, many people hit the search engine with queries like how to get a divorce DIY-way. Are you at this point? Read on to find out how to get divorced in Texas without paying for an attorney.
Hiring an attorney could be a significant waste of your money in instances such as when the divorce is not contested or filing a no-fault divorce. This is because couples can agree on significant things and navigate the divorce process more comfortably. Even with disagreements, you can try measures like mediation to ensure no one feels like they are getting the short end of the stick. Once that’s worked out, here are the steps to get a divorce in Texas without paying an attorney.
Eligibility
Are you eligible to file for a divorce in Texas? The main consideration is your residence. You are eligible if you or your partner has lived in the state for at least six months before filing a divorce. You must also file the divorce in the county where you’ve resided for 90 days. The court may also have jurisdiction in certain situations if you are not a Texas resident. For instance, if Texas was the last residence for a couple, and it is less than two years, you can file for divorce in the state.
Prepare and file the petition
Once you’ve established your eligibility, you can proceed to prepare a divorce petition, where the filing spouse details what they are asking, such as child custody, support, and property division, to name a few aspects. As you file the papers, the court clerk requires VS-165 Form. This is known as Information on Suit Affecting the Family Relationship, which details the parties affected by the lawsuit, mostly children.
You may also be required to file Civil Case Information Sheet identifying the case type. While filing the papers, the clerk will require that you pay the necessary fee. If you can’t afford the fee, you may file an Affidavit of Indigence, also referred to as a statement of Inability to Afford Payment of Court costs.
Notify your partner
After filing the divorce, you are required to notify the respondent. The clerk can issue you a citation to send to the respondent. As per the laws, you should not deliver the citation but instead use a private process server or have it delivered through the county sheriff’s office. You can avoid such hassles if your spouse agrees to sign a Waiver of Citation.
Final decree
The final decree is the document that officially dissolves your marriage. The document details the rights and responsibilities of each party after the divorce. Before the judge signs it, they wait for at least 60 days, a window referred to as a cooling-off period. You can decide to change your mind during this window and file for a Notice of Nonsuit. If both parties agree, the case is dismissed.
Court hearing
You need to contact the court coordinator to schedule a hearing. The judge reviews the paperwork during the hearing and listens to the parties. If everything is in order, they sign a final decree, which should be filed with the clerk. The clerk provides certified copies of the decree and other orders, such as child custody. The documents may attract a fee. If both parties aren’t present, you are required to send them copies.
Getting a divorce in Texas, especially if both parties are in agreement, doesn’t have to be expensive as you can do it without enlisting a lawyer, as highlighted above.
