The imminent cost and emotional toll of frequenting court is one of the main worries of intending divorcees. However, if you and your partner agree to the divorce and every detail surrounding it, you may opt for an online divorce.
This article primarily focuses on how to get an “online divorce” and provides step-by-step guidance on how to end your marriage online in Texas. It entails deploying a service that will offer you filing instructions and help you complete divorce paperwork digitally. Depending on your preferred service, they may help you file the paperwork, or you will need to print and file it yourself.
An Insight into Online Divorce in Texas
“You would need to consult with experts to know what is obtainable in your county since Texas is a big state with distinct rules in each county and district,” says family lawyer Matt Towson of Towson Law Firm, PLLC. For instance, some courts require divorcing couples to file divorce forms physically, even if they prepare them online.
The law recognizes online divorce in Texas. In other words, it has the same outcome as going to court physically to dissolve your union. Several online services offer a do-it-yourself style to couples who cannot afford or do not want to engage a legal representative for their divorce.
You can conveniently use an online service to prepare the forms and file them with the court in your county. For added convenience, many services also offer to file the paperwork online on your behalf.
Steps to an Online Divorce
Knowing the steps to an online divorce is essential to walk this path. They are:
Satisfying the Residency Requirements
According to Texas’s residency requirements, one spouse must have lived in the state for at least six months before filing for the divorce. Furthermore, you must have lived in the county where you filed the paperwork for at least 90 days. Know what applies in your county before filing for divorce.
However, you have an exemption if you or your partner is in the military. The two contexts where Texas can be your “home state” for residency purposes are:
- You were previously residents of Texas before the military authorities stationed you or your partner outside of the state
- You or your partner are residents of another state, but the military authorities have stationed you in Texas for the past six months.
Uncontested Divorce
Your divorce must also be “uncontested.” You and your spouse must agree to the divorce and its issues, such as alimony, child custody, and asset division.
It becomes a “contested” divorce if you and your spouse cannot agree on any issue and need a third party to decide for you. A court needs to intervene in that instance.
However, you may explore the mediation option before approaching the court. A mediator can help you settle the issues amicably and keep the pace of the divorce. It is a less expensive option to litigation.
Fill and File the Paperwork
After signing up with an online divorce service, they will guide you through the process and enlighten you on gray areas while filling out the divorce paperwork. The first spouse to file is the “petitioner,” while the other is the “respondent.”
Depending on your service preference, they can help you file the divorce petition in some places. Others may only generate the needed documents, identify the court you must file with, and instruct you to print out the papers and file them physically through the eFile system or by mail.
Divorce petitions and information on suits affecting the family relationship are the forms you need to commence the divorce process.
If you decide to fill out and file forms by yourself, you must also pay the filing cost, which ranges from $250 to $300, depending on the court. Some services usually add the cost to their package. You can complete and submit a fee waiver application with your divorce petition if you cannot afford the filing cost.
Notify Your Partner
You must inform your spouse after filing the divorce case with the court. This process refers to the “service of process.” You can deploy the following ways to provide sufficient notice:
- Engage a process server
- Your partner can sign a waiver of service, an attestation that they do not need formal service.
- You can publish the process in a public forum, like a newspaper. People often use this method when they cannot locate their spouse.
It is also pertinent to note that if you want to engage in an online divorce service, most firms require you to know the whereabouts of your partner.
Undergo the Waiting Period and Finalize the Process
You need to wait after filing the divorce paperwork with the court. The state requires you to wait 60 days before getting court approval for your divorce. Holidays and weekends include the 60-day waiting period.
Upon the expiration of the waiting period, you may or may not need to visit the court for a finalization hearing. You can file an affidavit for proof-up in numerous instances, but most judges only accept this option if the union has no children. The clerk’s office where you file your paperwork can enlighten you on whether it is an acceptable option with them.
The hearing will be relatively quick if you do not need to appear in court. The judge will only ask you to provide a small testimony. Ultimately, the judge will sign the court order, also known as the “final decree,” to signal the end of the process.
If you must appear in court, you must bring a copy of your original divorce petition, waiver of service or answer form that your spouse filled out and signed, signed final decree, and sample testimony for divorce without kids.
Conclusion
Getting an online divorce in Texas can be a straightforward and cost-effective option if both parties agree on the terms of the divorce. By following the necessary steps—meeting residency requirements, ensuring the divorce is uncontested, completing paperwork, and notifying your spouse—you can file for divorce online and avoid the lengthy court process. Remember, the 60-day waiting period is required before the divorce is finalized. Whether you handle everything yourself or use an online service, staying informed and following the correct steps for a smooth divorce process is essential.
