What Do I Need to Know About Filing Divorce in Texas with Help Yourself Divorce?

Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.

Texas Grounds for Divorce.

Help Yourself Divorce is a no-fault divorce service, so we will prepare your divorce papers based on no-fault grounds. The technical description that will be used is that the marriage has become “insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” This just means you and your spouse agree to file a no-fault divorce.

Texas Residency Requirements.

To use our services to file for divorce in Texas, at least one spouse must reside in the state of Texas for at least 6 months, and reside in the county where the divorce is being filed for at least 90 days, before filing for divorce.

Military residency – If you are in the military, you are considered a Texas resident for the purposes of obtaining a divorce if one of the following applies:

  1. You have been a Texas resident for at least six months, but are currently serving outside of Texas.
  2. You were not previously a Texas resident, but have been serving at a military base inside the state of Texas for at least six months.

If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Texas for at least six months and currently live in Texas, or have lived in Texas within six months of filing.

Please note that you may be able to qualify for residency based on other requirements. If you are not sure whether you fall into one of the above categories, please seek advice from an attorney.

Filing Divorce in Texas.

Generally you will file for divorce in the Texas county where either spouse has lived for at least 90 days.

Texas Divorce Filing Fees.

When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.

Serving Your Spouse.

In an uncontested divorce, you are not required to formally serve your spouse with the divorce papers using a Sheriff or process server. After filing the papers with the Court, you simply mail or hand-deliver a copy of the papers to your spouse. Your spouse will then sign a legal document admitting receipt of the papers, and that document is filed with the Court by either spouse.

Texas Waiting Period/Final Divorce Hearing.

There is a 60 day waiting period after filing before your divorce can be finalized. Your divorce will be finalized during a brief final hearing.

 

If you have any questions about whether our service is right for you, please don’t hesitate to contact us.

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

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