Do I have to be a Texas resident to obtain a divorce in the state?
You or your spouse must have been a resident of Texas for at least 6 months prior to filing for divorce in the state. You or your spouse must also have lived in the county you are filing in at least 90 days prior to filing. Click here to see the process at a glance.
In Texas, if you are filing for divorce on the no-fault separation ground, you and your spouse must have been separated without cohabitation for at least three years. If filing on the 'irreconcilable differences' ground, you and your spouse need not have been separated a certain period of time.
The Quickie Divorce Personal service costs $247. Court fees depend on your local county.
We are an expert online divorce service - therefore we have considerably fewer overheads than a local attorney. This keeps our costs down to a minimum so we can pass on our savings to our customers.
You and your spouse do not have to be married a certain length of time before you can file for divorce in Texas.
In Texas, the two grounds for no-fault divorce are:
- The marriage has 'irretrievably broken down and has become insupportable because of discord or conflict of personalities.'
- You and your spouse have been 'living separate and apart without cohabitation for 3 years.'
In Texas, you must participate in a 61 day waiting period from the date the petition was filed before you can obtain your Final Decree.
Attempt to find out from family & friends. Alternatively, a tracing agent may be able to trace the party's whereabouts. After conducting a diligent search, you may be able to serve your spouse by publication. However, this process is tricky so you would need to consult your local court and perhaps an attorney.
If the respondent does not acknowledge the forms and fails to file a response within 20 days the divorce may go into default, whereby the respondent spouse will no longer participate in the divorce. If the court agrees to default, the petitioner may then be awarded remedies such as maintenance, child support and property distribution on their original petition terms.
Contact the Texas Vital Records office. If you provide them with the party's names and date of marriage they should be able to provide you with the original marriage certificate for a small fee.
In this case the marriage certificate needs to be translated into English and certified by translators in the United States before a Notary Public.
You may be exempt. You would need to apply to the Court Clerk of your local court and complete the 'Affidavit of Inability to Pay Costs' form. Ask the Court Clerk to present your form to the Judge for his/her approval (this may take several days). If the Judge approves, you can either file your divorce complaint without incurring any filing fees, or arrange to pay them at a later date. If you do not receive a waiver of the filing fee, you will unfortunately have to pay. Click here to access the 'Affidavit of Inability to Pay Costs' form.
Yes. Texas law states that at least one party must be habitually resident in Texas; the event of the other spouse residing abroad does not prevent the divorce proceedings. However, the petitioner must ensure that the spouse is correctly served and that they are available to sign all the relevant documentation within the given time periods. If you and your spouse have minor children born to you, you must also serve your spouse with the 'Out of State Parent Affidavit' form.
This depends on the local court and the stage of the divorce proceedings. Contact your District Clerk for more information.
Yes, as you and your spouse need to sign a Marital Settlement Agreement detailing the division of your property, assets, liabilities, child support and child custody. The Quickie Divorce Personal service includes a free Marital Settlement Agreement, preventing your spouse from claiming your financial assets after your marriage has dissolved.
You and your spouse will be required to agree on child support/alimony and custody in a Marital Settlement Agreement before your divorce can be completed. We also provide all the divorce forms necessary for those with children.
No, but if the marriage certificate is in another language then you need to obtain a translation signed by a notary public.
No, provided your spouse will sign all the relevant documentation once he/she has been served.
Currently, 99.97% of all divorce petitions are returned the same day they are completed. We aim to dispatch your divorce petition the same day, if submitted before 5.30pm Monday to Friday, and guarantee to dispatch your completed divorce petition within 24 hours of submission.
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