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Can You Get an Online Divorce in Texas?

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Are you a Texan hoping to get a divorce? Consider enlisting the services of an online divorce. Texas allows for this service for divorcing spouses who meet residency requirements, have a relatively easy divorce, and don’t have substantial claims regarding children or assets.

Here, we will discuss what an online divorce is, what the requirements are, how to complete one, and if it could be in your best interests.

What Is Online Divorce?

Many people assume a traditional divorce, one in which you complete the paperwork at the courthouse with an attorney, is the only way to get divorced in Texas. However, this is no longer the case.

A divorce online involves the use of an online document delivery service that completes your divorce paperwork faster. It also takes the guesswork out of the process because it customizes the papers for your specific case. Its advantages are that it’s fast, cheap, and easy to finish. However, to qualify for an online divorce in Texas, you must meet certain requirements.

Online Divorce: Texas Qualifications

To be eligible for an online divorce, Texas requires that you meet certain qualifications, including the residency requirement and a divorce that is “uncontested.”

Residency

Anyone seeking a divorce be a resident of the state. This regulation requires that one spouse must have lived in Texas for more than six months.

Uncontested Divorce

For you to efficiently complete the online process, both you and your partner must agree to all the material terms of the divorce. This makes thedivorce uncontested. Specifically, you must agree to the alimony, child support, and division of assets and debts of the marriage. Because the online service is a straightforward procedure, harmony between the parties is key to a truly uncontested divorce.

If you’re having trouble meeting the terms of an uncontested divorce, a mediator may help you resolve them. Texas offers a procedure called a ‘collaborative divorce‘ where each party hires an attorney and they help you come to a better understanding of the terms of the divorce. This procedure is similar to a mediator but offers a new method upon which to reach an agreement.

Online Divorce: Texas Grounds for Divorce

Texas is a ‘no-fault’ state, which means that neither spouse has to prove fault to get a divorce. Specifically, no mention of a spouse’s misdeeds, such as abandonment or an affair, is necessary to prove the claim for a divorce; as such, it is only necessary to establish ‘irreconcilable differences‘ to go ahead with the case.

How to Go About Getting an Online Divorce in Texas

Completing an online divorce is fairly straightforward. You simply need to go through a four-step process and receive the paperwork that you will hand to the county clerk.

  1. Qualify for an online divorce. Answer a few procedural questions to ensure that you qualify for a divorce online
  2. Complete the questionnaire. Fill out the questionnaire regarding marital assets, child custody, alimony, and child support to determine which forms you will need to submit to the county courthouse
  3. Obtain your paperwork. After two business days from completion of your paperwork, you should receive the completed forms for direct submission to the courthouse
  4. File your papers with the courthouse. Once you’ve received the printed copies, file them with the county clerk to initiate proceedings

Online Divorce: Texas Time Estimates

Depending on the complexity of the case and the speed of the filing process, it takes approximately six months to one year for a divorce to be finalized at the courthouse. Because an online divorce lends efficiency to the court process, this can work in your favor for the overall timeline.

Is a Texas Online Divorce Right for Me?

If you have an uncontested divorce and your case is fairly straightforward, your best bet might be an online divorce. Texas allows for this to streamline court proceedings. If your case is more complex — for example, you might have complicated child custody matters — you might want to retain an attorney who will represent your best interests.

Thinking of Filing for a Divorce in Texas?

If you’re considering filing for a Texas divorce, you may want to consider using an online divorce service to make sure you’re covered during each step of the process.

Disclaimer

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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