It’s never easy to ask for help. But sometimes, it’s necessary. If you find yourself in the position of needing to file for divorce without a lawyer, you may feel overwhelmed. The process is complicated and overwhelming enough as it is, but with no legal representation, you don’t know where to start. That’s why we created this guide to provide you with the information that you need to successfully file for divorce without a lawyer in Texas.
If you or a loved one are considering filing for divorce, it is important to have a clear understanding of the steps involved in the process. However, going through a divorce can be difficult and overwhelming. For many people, hiring an attorney to represent them during this process may feel like the right thing to do. But not everyone has the financial resources to hire an attorney, or they may want to save time by doing it on their own. With that in mind, here are some guidelines for how to complete your divorce without a lawyer in Texas.
Divorce in Texas
Texas is one of the few states that does not require a party to have an attorney when filing for divorce.
But you still have to be careful! A lot goes into filing for divorce, and an attorney can guide you through the process to make sure that everything is done correctly.
As you go through this process, it’s important to know what things are necessary for your case. This post will walk you through some of the basics of The Complete Guide on How to File for Divorce in Texas Without a Lawyer.
What You Need to File for Divorce
In Texas To file for divorce in the State of Texas, you need to be at least 18 years old and not currently married. You also need to prove grounds for the dissolution of the marriage, such as adultery, abandonment, cruelty, or mental illness.
It’s important to note that you cannot file for divorce on grounds of incompatibility or irreconcilable differences. If you can prove one of the above grounds, then you may move onto step two: filing a petition with a district court.
In order to file a petition with a district court, you will need to prepare a petition for divorce and a final decree. The final decree is what actually dissolves your marriage and grants you an official certificate as well as the legal right to remarry someone else.
You will also need to file an Affidavit of Service with the court as well as pay fees associated with filing your petition. The cost varies from state-to-state but generally ranges from $150-$250 dollars.
Once your papers are filed and served on your spouse by way of certified mail, they have 30 days before they can reply back with a response packet that includes their own affidavit and other relevant paperwork or they can request more time to
Important Considerations
Legal separation is the first step to filing for divorce without a lawyer. If you are considering this option, it’s important to understand all of the benefits and drawbacks to this legal process.
Legal separation will give you time to think about your decision and take time for yourself before initiating divorce proceedings. However, there are still many considerations that you should make before deciding to separate.
Filing Your Papers
Where do you file your divorce papers?
You’ll need to go to the courthouse that has jurisdiction over your county. The county clerk or a self-help desk should have all the information you need to find the correct courthouse, as well as which forms you’ll need to fill out.
What Type of Papers Do I File?
In order to file for divorce in Texas, you will need a petition for divorce, a summons, and an affidavit of service of process. If possible, ask the clerk at the courthouse what other forms are required for your particular situation.
What Documents Do I Need?
The documents that you will need vary depending on whether both spouses are in agreement about ending their marriage or if one spouse is contesting it. If both spouses agree to end their marriage:
- A petition for divorce
- Evidence of joint ownership of property
- A list of debts and how they’ll be divided up
If only one spouse wants to end the marriage:
- A petition for divorce with grounds (this form tells why one spouse doesn’t want to stay married)
- Evidence of joint ownership of property (if there is any)
Gather the Necessary Documents
One of the first things you need to do is gather all the necessary documents. These include:
- An original copy of your marriage license
- A copy of your spouse’s birth certificate
- A copy of your divorce decree or annulment certificate (if applicable)
- A completed Financial Affidavit, which details what you own and owe, as well as what property was awarded to you in the divorce (If you are divorced without a lawyer, this form can be found on the State Courts website.)
Fill Out the Forms
The first step in the process of filing for divorce without a lawyer is to complete the necessary paperwork. As this is your first time, you may want to hire an attorney who can help you fill out all the forms, but if that’s not possible, then you can use our guide to fill them out on your own. You will need to file the following forms:
1) Petition for Divorce
2) Financial Affidavit
3) Inventory and Appraisement
4) Decree of Divorce
5) Notice of Rights and Responsibilities after Divorce
Submit Your Paperwork.
The first step in filing for divorce without a lawyer is to fill out the necessary paperwork. You can get all of the forms you need on the Texas courts website.
Some of these papers are easy to fill out, like your name, address, and social security number. Other forms, like the Petition for Divorce and Civil Case Cover Sheet, may take a little more time and research.
Texas Courts offers an online guide to help you through this process. Complete this guide before you submit your paperwork so that you know what information you’ll need to provide in each form.
