DIVORCIO USA
Uncontested Divorce in Texas
In Texas, an uncontested divorce allows spouses to end their marriage in a structured and legal manner when both parties agree on all terms: division of assets, debts, custody, and support (where applicable).
Our service is designed to correctly prepare, review, and manage all necessary documents, ensuring compliance with the requirements of the corresponding court.
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Residency Requirement in Texas
To file for divorce in Texas, the state residency requirement must be met in accordance with current law.
Eligibility depends on whether you or your spouse meet the residency or military service requirements:
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If you or your spouse have lived in Texas for at least six (6) months, or are members of the armed forces and have been stationed in Texas for at least six (6) months, you may file for divorce in Texas.
The requirement is also considered met if you or your spouse are domiciled in Texas, meaning you live in the state with the intention of making it your permanent residence.
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If neither you nor your spouse meet the six (6)-month residency requirement, then you must wait until one of you meets this requirement before being able to file a divorce petition in Texas.
Additionally, at the time of filing the petition, at least one of the spouses must have resided in the corresponding county for at least 90 days.
When the residency requirement is based on domicile, it must be demonstrable, for example, through where you habitually live, receive your mail, or have official documents registered.
This requirement is established in the TX Family Law Code: Sec. 6.301 & Sec. 6.302.
Costs of Service in Texas
The divorce process in Texas is structured in phases. Each phase must be fully paid before it begins.
Service Fee
$195 or $99 + $96
(installment payment)*
Online Processing Fee
$176
Court Filing Fees Deposit
Entre $400
(Payment via Zelle or Money Order)
Finalization Fee
Entre $196
plus or minus any difference resulting from an overpayment or underpayment of the actual court fees**
(Payment via Zelle or Money Order)
* If the customer chooses the installment payment option ($99 + $96):
- The first payment of $99 covers the review of the case by our legal team to determine whether we can accept it or whether it falls outside the limited scope of our service.
- The second payment of $96 must be made before the documents are finalized and sent for review.
Legal work begins only after the first payment is received. Document drafting requires the Service Fee to be paid in full.
** The final fee is $196.00 to cover the costs of remote online notarization and the fees of our electronic filing (e-filing) service. You previously paid a deposit of $400 for court fees. Because filing fees in Texas vary by county and case particulars, at this point we will reconcile your deposit with the actual court fees and adjust that amount against the final fee of $196.
Additional Services (Optional)
Some cases require supplementary documentation or additional procedural steps. These services are not included in the main fees and are billed separately when necessary.
Special Warranty Deed
$149
Standard Revisions
$50
Vehicle Power of Attorney
$75
Special Warranty Deed and Deed of Trust To Secure Assumption
$229
Non-Standard Revisions
$100
Assignment of Business Interest
$100
Special Warranty Deed with Encumbrance of Owelty Partition, Deed of Trust to Secure Owelty of Partition, Real Estate Lien Note and Release of Lien
$369
Complex Revisions
$100+
Notice of Nonsuit:
$50
Motion for Judgment Nunc Pro Tunc
$50
We currently do not offer a court fee waiver application service.
How Does the Process Work in Texas?
1
Pre-Qualification
The process begins with a pre-qualification to confirm that you meet the basic requirements for divorce in the state of Texas.
2
Initial Payment and Questionnaire
The initial service payment ($195 or the first payment of $99) is then made, and a detailed questionnaire is completed that allows us to analyze your case.
3
Legal Review and Document Preparation
Our legal team reviews the information and if the case is accepted and the Service Fee is paid in full, our legal team prepares the documentation in accordance with Texas law. The Petitioner reviews the documents and, if they wish, the spouse may also review them.
4
Initial Signature and Filing (E-Filing)
After paying the Online Processing Fee ($176), the Original Petition for Divorce is electronically signed. The remaining step is to pay the Court Filing Fees ($400) via Zelle or Money Order and our team will electronically file the signed Original Petition with the court. Once the cause number and court number are assigned, we update the remaining documentation with those official data.
5
Signature and Notarization of Final Documents
Subsequently, the spouse signs and notarizes online the necessary documents. The Petitioner needs to pay the Final Fee of $196.00 to cover the costs of remote online notarization and the fees of our electronic filing (e-filing) service. Because filing fees in Texas vary by county and case particulars, at this point we reconcile the paid $400 deposit with the actual court fees and adjust that amount against the final fee of $196. After the Final Fee is paid, the Petitioner signs the final documents, and our legal team conducts a complete legal compliance verification.
6
Final Filing and Next Steps
The remaining documents are filed with the court and the Petitioner is sent instructions for the hearing, as in Texas at least one judicial hearing is mandatory for all divorce cases.
7
Waiting Period
Texas requires a mandatory waiting period of 60 days from the filing date before the judge may grant the divorce.
8
Final Decision
The final decision rests exclusively with the judge.
Division of Assets in Texas
Texas is a "community property" state. There is a presumption that assets acquired during the marriage are community property and must be divided fairly and equitably.
However, the law allows the court to depart from an exactly equal division if circumstances justify it. Equity, not necessarily mathematical equality, is the main criterion.
Separate property generally includes:
- Assets acquired before the marriage
- Inheritances
- Gifts
- Assets acquired after separation
All assets and debts must be clearly identified and assigned in the divorce documentation. For the case to qualify as uncontested, both parties must be in complete agreement on the division.
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Cases with Incarcerated Spouse
If the spouse is incarcerated, they will not be able to sign a Waiver of Service before a notary. In that case, they must be formally served through "service of citation."
The court will issue a citation (approximate additional cost of $8). Coordination with the correctional institution will then be required to complete service. Once executed, the signed citation must be filed with the court.
Although incarceration does not automatically terminate parental rights, the court may determine that the incarcerated parent cannot exercise physical custody. The best interest of the minor is always the judge's primary criterion.
Divorce by Publication in Texas
In Texas we offer exclusively the drafting of the necessary documents for a divorce by publication or default.
Document Preparation: $125
Case Expedition: $145
This service includes only the preparation of the required documentation.
Spousal Maintenance
(Alimony)
In Texas, spousal maintenance is only granted in limited circumstances. The court must determine that the requesting spouse is unable to support themselves and lacks a reasonable capacity to generate sufficient income.
Additionally, there are time limits based on the length of the marriage.
Start Your Divorce in Texas
Our goal is to ensure that your divorce in Texas is clear, orderly, and legally sound from the first step to the final judgment.
If you meet the residency requirements and there is an agreement between the parties, you can begin the process today through our online pre-qualification.
Our friendly team is here to help you!
Phone
(214) 856-6122
info@divorciousa.com
Accepting payments
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In an agreed divorce, the spouses can file their divorce in any County in Washington. The Circuit Court in Lee County, Washington, allows you to complete your agreed divorce without a court appearance. As such, to offer a genuinely virtual, 100% online divorce, we prepare divorce documents for filing in Lee County Circuit Court. There may be other counties where a court appearance is not required, but most counties require a court appearance. Should you wish to file in a county other than Lee County, we can prepare your documents for that county, but we charge $100 extra to draft documents for counties other than Lee. If you wish to file in a county other than Lee County, a court appearance will likely be required to finalize your agreed divorce. We know that some people – even other attorneys – might tell you that at least one of the parties (you or your spouse) must go to court at least once before your divorce can be granted. This is not accurate. We have assisted thousands with their agreed Washington divorce, for which no court appearance was required using the Circuit Court in Lee County, Washington.