Do-It-Yourself Divorce
in Texas

What Is a Do-It-Yourself Divorce?

A DIY divorce is one in which you handle all the paperwork for a divorce yourself. You don't hire an attorney to do the filings.

Most DIY divorces are uncontested divorces, where both spouses agree about all the issues in a divorce: property/debt distribution, child custody, child support, and spousal support. It is possible to do your own divorce if you and your spouse do not agree, but most people do not feel comfortable handling a trial themselves.

Is It Possible to Get a DIY Divorce in Texas?

Yes, getting a DIY divorce in Texas is possible. Anyone is permitted to file for a divorce on their own in Texas. There is no requirement that you hire an attorney or any other professional.

Texas has an approved form set that can be used to file for DIY divorce if you meet the following conditions. Note that you can still file a divorce yourself if you don’t meet these requirements; you just can’t use this specific set of forms.

Agreement on All Issues

To use this set of forms, you and your spouse must agree on how to divide your assets and debts and that there will be no spousal support.

Irreconcilable Differences

You are filing for divorce using the no-fault grounds of irreconcilable differences. This means neither you nor your spouse is at fault for the divorce. If you want to file for divorce using other grounds like adultery, you cannot use this set of forms.

No Children

There are no children born or adopted into the marriage who are under age 18, no children age 18 still in high school, and neither spouse is pregnant. A wife has not had a baby with another man since the date of marriage. You do not have a disabled adult child.

No Bankruptcy

Neither you nor your spouse has a bankruptcy case in progress.

Steps to File for Divorce in Texas by Yourself

Several steps are involved in filing for divorce yourself using this approved set of forms.

Meet Residency Requirements

To be able to file for any divorce in Texas, you or your spouse must have lived in the state and in the county where you are filing for a minimum of 90 days. In a military family serving outside of the state, Texas must have been the home state for either spouse for six months, and the county where you are filing must have been the home county for at least 90 days.

Complete the Forms

You must complete the packet of forms that include the following:

• Affidavit of Indigency: Use this form if you are asking the court to waive the filing fee (which varies by county but is $150 or more). It must be notarized.
• Original Petition for Divorce: This form asks the court for the divorce and says what you are asking for.
• Civil Case Cover Information Sheet: This includes basic information about yourself and the case. You must obtain this form from your local court office.
• Bureau of Vital Statistics Form: You must obtain this form from your local court office.

File the Forms

Make two copies of the Petition and Affidavit of Indigency and file them with the District or County Court Law Clerk. You may be required to attach a local standing order to the Petition. File the forms and get stamped copies back that show they were filed.

Give Your Spouse Legal Notice

Your spouse must receive a copy of the Petition, and there are several ways to go about this:

1. Waiver of Service: Your spouse fills out this form, which is included in the packet of forms. Give your spouse this form and a copy of the filed Petition. Your spouse must sign the Waiver before a notary at least one day after you have filed the Petition. File the Waiver with the court.
2. Service of Process: A sheriff or process server hands the papers to your spouse, or the court clerk mails them to them by certified mail. The person who served the documents completes a Return of Service form, which they may file with the court, or you may have to. If the documents were mailed, the signed return receipt from the post office is the official proof.
3. Posting or Publication: This is used only if you do not know where your spouse is.

Complete Additional Forms

Next, you must complete more forms that will allow the judge to complete your divorce. Bring this with you to your court date:

• Final Decree of Divorce: This is what the court will sign and indicates the decisions in the divorce. If your spouse filed a Waiver or filed an Answer to your Petition, they must sign this form, or else your divorce is not a simple, uncontested divorce.
• Certificate of Last Known Address: File this only if your spouse hasn't filed an Answer or a Waiver.
• Affidavit of Military Status: File this only if your spouse has not filed an Answer or a Waiver.

Appear in Court

Bring copies of all the forms you initially filed with the court and all the additional forms you completed. Go to the court clerk's office and ask if you need anything else. If you completed the Certificate of Last Known Address and Military Status Affidavit, you must file them with the court clerk before you go into the courtroom.

Get a copy showing they have been filed. You must appear in court on the date you are given and be prepared to basically restate everything that you have said in the papers you filed. You can find a template for what to say at TexasLawHelp.org. The judge might ask you questions as well.

Finalize the Divorce

The judge will sign the Final Decree of Divorce, and you will file it at the clerk's office. This finalizes your divorce. File the Bureau of Vital Statistics Form if you have not already filed it. Obtain a certified copy of the Decree which you will need to change your name. There might be a fee for this.

How Long Does a Do-It-Yourself Divorce Take in Texas?

Generally, a U.S. divorce takes eight months to complete if the couple agrees about everything. A DIY divorce in Texas will likely be shorter if your spouse cooperates.

Texas has a 60-day waiting period from the filing date before a divorce can be finalized. The only exceptions to this are:

• Your spouse has been convicted of domestic violence against you or someone in your household
• You have a current protective order against your spouse You must wait 30 days after your divorce is finalized before you can remarry.

What is The Cost of a Do-It-Yourself Divorce in Texas?

The average cost of a traditional divorce (using lawyers) without children in Texas is $15,600.

There are significant savings to be had by completing your divorce in another way.

A DIY Divorce in Texas: Pros and Cons

There are benefits and drawbacks to handling your own divorce in Texas.

Pros:

• You will spend much less if you do not have an attorney
• You can likely complete your divorce much more quickly
• You and your spouse make all the decisions yourselves and move at your own pace

Cons:

• You may not fully understand your rights and may give up things you are entitled to
• If you make a mistake, you will have to redo the forms and filings, and you might forfeit certain rights unintentionally
• You may feel overwhelmed by the documents and procedures
• If domestic violence is present in your marriage, you may not be able to make decisions freely

Alternatives to a DIY Divorce in Texas

If you want a relatively painless divorce but feel as though a DIY divorce is too complicated, there are some other smart options to consider.

An online divorce service completes and files the divorce papers for you at a fraction of the cost of an attorney.

Mediation is an excellent choice if you and your spouse have some issues to work out. The mediator helps you reach a consensus, and you can then file on your own or through an online service.

Collaborative law is a process in which you and your spouse each hire attorneys who will work only for a settlement. If your case cannot be settled and must go to trial, they cannot represent you in court.