Amicable Divorce in Texas | Things to Know


There are many reasons why couples seek a divorce, from infidelity to extreme differences in personalities. In some cases, a marriage might end on a really bad note, but for a lucky few, the marriage ends amicably. There are even some couples who end up being friends after their divorce. If you and your spouse want to have an amicable divorce in Texas, there are certain things that you need to know. This article will discuss all you need to know about getting an uncontested divorce in Texas.

An amicable or uncontested divorce is when both spouses are able to keep communication open and honest. If you and your partner can agree on how to split your assets and debts without a fight then you can qualify for this type of a divorce. 

An uncontested divorce is usually much quicker than a contested divorce, and you might not even have to appear before a judge. Another advantage of an amicable divorce is that you won’t need to use a lawyer or a mediator if you and your partner can come to an agreement, making it much less expensive.

If you don’t have any minor children, you could also consider getting an uncontested expedited divorce. These simplified divorces are often faster and require less paperwork. You can get a simplified divorce in Texas if you meet the following requirements:

  • You have no minor children under the age of 18
  • Neither you or your spouse want alimony
  • You and your spouse are both happy to get divorced
  • You do not own property together or have any retirement annuities to divide between one another.
  • You have no bankruptcy cases against you

If you meet the above criteria you can also consider an online divorce. Online divorce is a modern and efficient way of getting an annulment. More and more couples are choosing online divorce each year. The reason for this is because it is cheap, easy, and fast. Online divorce is legal in Texas, and there are many professional companies that offer this service. You could file for divorce for as little as $139. This is incredibly affordable and much cheaper than a traditional divorce, which costs an average $15,600 per person in Texas.

You can apply for a divorce in Texas if you and your spouse have lived in the state for at least 6 months and in the county in which you reside for at least 90 days. If you meet these requirements, and have agreed on the terms and conditions of your annulment, you can file a divorce petition for an uncontested divorce. If you decide not to use a lawyer, then you will need to make sure that all the paperwork you have is correct. That is why using an online divorce service is a safer option than a DIY divorce. An online divorce company will send you all the correct divorce papers for your specific case.

If you would like to proceed with a DIY divorce, you can obtain all your divorce papers on the Texas Court website. If you don’t have access to a computer, you can also collect the papers in court personally. If you have any questions feel free to ask the courthouse clerk for help. If you choose to use an online divorce service, customer care will gladly help you with any questions that you might have. You will need the following forms when you file for your divorce:

  • Petition of divorce
  • Civil case information sheet
  • Waiver of service
  • Bureau of vital statistics form
  • Certificate of last known address
  • Child support worksheet (If you have children under 18)
  • Income withholding for a support order

Along with these forms you will also need to collect supporting documents, such as financial statements, birth certificates, marriage certificates, proof of retirement annuities, and so on. Check with your local courthouse for the exact documents you need, as required documents may vary from county to county. If you are unsure, you can always have a lawyer look through your paperwork. In any case, it is very important to make sure everything is 100% correct before you file your documents. If there is a problem, you might have to start the entire process all over again. 

Once you have collected all the correct forms and supporting documents, you will need to put everything in the correct order and make a few copies.  Once you have done this, you can file your papers in court. You can either do this in person or if you are using an online divorce service, depending on what company you have chosen, they may even file the paperwork for you at an extra cost.

It is also important to note that, in the state of Texas, there is a mandatory 60 day waiting period for all divorces before they are finalized. This is true even if you are filing for an amicable, uncontested divorce. And in some cases, you might also have to appear before a judge to review your paperwork before a final decision is made by the court. When the judge signs your decree, then your divorce will be final. 

Pros of an uncontested divorce in Texas

  • You can file for an online divorce or do a DIY divorce
  • You don’t have to use a lawyer
  • An amicable divorce is more peaceful (less stress)
  • Your divorce will be finalized much sooner than a contested divorce (faster)
  • An uncontested divorce is really affordable, ranging from $139 to $500 (cheaper)

Amicable annulment in Texas is simple. With the right kind of assistance, either from an online divorce service or from your local court house’s self-help desk, you will be free in no time at all.