Texas is a community property state, which means that it views the property of either spouse acquired during the marriage as the property of both spouses, and the default division of that property is an even split. However, if the court finds that one spouse is at fault for the dissolution of the marriage, then it can and will assign more property to the innocent spouse. For this reason, if you plan to sue for divorce on specific grounds, you need to speak with an attorney. If you cannot afford one, go to texaslawhelp. org for help finding a Legal Aid attorney.
In very small counties, or judicial districts that preside over multiple small counties, there may only be one District Court. If you live in a county like this, you would file there. In districts of larger size, the District Courts are divided into subdivisions that give preference to certain areas, like family law. These are called Family District Courts. If you live in one of these Districts, then you should file with the Family District Court. To find out whether you should file with a District Court or a Family District Court, simply go look in the directory in the Texas Pro Se Divorce Handbook. [5] X Research source Alternatively, go to courts. texaslawhelp. org and fill in the required information.
You may leave the cause or cause number blank, the Court Clerk will fill this in when you file the documents with the Court. The addendum for custodial arrangements is extremely detailed, going so far as to specify when the weekend begins, what happens on three day weekends, and who shall have custody of the child on any and all major and minor holidays. It might be best for you each to come up with some idea of how you would like to make arrangements separately, and then come to a compromise agreement afterwards. If you have trouble coming to an agreement, consider a mediator. You can browse a national directory of mediators by going to www. mediate. com and looking at the listing for your state.
Expect to pay filing fees with the county where you file. The exact amount of the fees will vary by locality, but you should expect to pay at least $200 in fees. [8] X Research source If you qualify as indigent (poor), the filing fees will be greatly reduced or waived altogether. You can make an affirmation of indigency by filling out a form and filing it with the clerk of court. [9] X Research source
If your spouse signs a Waiver of Service, you are not required to provide him or her with a copy of the divorce petition, or any other filings, and he or she will not be required to attend any hearings. This is generally used only when divorcing parties are in complete agreement on all issues and will not ask for any hearings. You may file the Waiver yourself. If your spouse wishes to receive copies of your filings and attend any hearings, he or she may file an answer to your divorce petition instead of a Waiver of Service. This is generally not used in an uncontested divorce, but your situation may differ. Your spouse must file the Answer.
Calculate Child Support correctly. To determine what child support should be, use the child support calculator provided by the Travis County Court. [10] X Research source
Provide clear and complete information. Type or print all information in blue or black ink. Be sure to answer each questions completely and fill in every blank that applies to your situation.
If you are not able to find your spouse, you may wish to serve him or her by publication. This means publishing notice of the divorce filing in a newspaper of general circulation in the last city or town where he or she was known to reside. To serve a party by publication in Texas, you must obtain the permission of the Court. In order to do this, you will need to file an affidavit with the Court stating that you are unable to find your spouse, after making an honest effort to do so.
If you and your spouse are in agreement on all issues, you may appear without your spouse at an uncontested docket hearing, which will take approximately ten minutes. You should bring all of your Court filings to the hearing. [11] X Research source
During these parenting classes, you will learn about the responsibilities and hardships of co-parenting after a divorce. [12] X Research source For example, part of the course may teach you about how to handle problems that arise while parenting without your spouse around (i. e. , how to be a good single parent). [13] X Research source
If you have children, you will need to file the Information on Suit Affecting the Family Relationship form. If support is ordered, you will also need to file the Income Withholding for Support Order, which can be found with the packet of forms for uncontested divorces with children. [15] X Research source You will most likely need to fill this out with your employer, as there are certain pieces of information on the form not usually known to employees.
