We provide a comprehensive, affordable divorce service for the flat-fee price of just
$
129.
Divorce papers prepared and ready for download within 1 business day
Guaranteed court acceptance
Marital Settlement Agreement
Step-by-step filing instructions
Free unlimited revisions
Click to show more
Click to show more
Spousal name change
Customer support by phone and email
Instant download or email delivery of all documents
Works with same-sex divorces
Automatic child support calculations
Automatic spousal support (alimony) calculations
Our Simple 4-Step Divorce Process
Check Your Eligibility
Confirm that our service will work for your situation.
Provide Your Case Details
Answer simple questions about your divorce and any agreements with your spouse in a guided online questionnaire.
Get Your Divorce Papers
We prepare all the documents to file for your divorce including a settlement agreement, ensuring compliance with your state's legal requirements.
You can review your documents online and instantly make changes.
File for Divorce
We provide clear, step-by-step instructions for filing your divorce.
In Texas, there is a mandatory 60-day waiting period before a judge can grant your divorce, starting from the date the Petition for Divorce is filed. After this period, the judge will sign the Final Decree of Divorce at a Prove-Up Hearing.
A Prove-Up Hearing is a brief hearing (approximately 10 minutes) held in court where the judge asks the petitioner a few simple questions about their divorce before signing the Final Decree of Divorce. Your spouse is not required to attend this hearing. The court will then provide you with a signed copy of your Final Decree of Divorce.
Key Reasons to Use
Lets GetDivorced
for Your Divorce
Key Reasons to Use
Lets GetDivorced
for Your Divorce
Affordable, Flat-Fee Pricing (No hidden fees)
Our flat-fee divorce service provides an inexpensive and convenient way to file for an uncontested divorce, with guidance from start to finish — at a fraction of the cost of hiring an attorney.
Unlike many divorce services that present a low teaser price and then surprise you with extra charges for services you'd reasonably expect to be included — such as making revisions after your documents are prepared — Lets GetDivorced has no hidden fees to use our service. And of course, you can make revisions at no extra cost.
Expert Customer Support — From Start to Finish
Unlike many online divorce services that simply sell you documents and leave you on your own, our friendly, knowledgeable team is here to help every step of the way — from the moment you get started until your divorce is finalized.
We're always available if you need assistance using our website or have questions along the way — so you can move forward with confidence, knowing you're supported from beginning to end.
Fast, Same-Day Document Preparation
Many services and even law offices can take days or weeks to prepare your documents — often charging extra to speed things up. We prepare your documents within just one business day at no extra cost.
Convenient 100% Online Divorce Service
Unlike many online divorce services, as well as traditional attorneys and paralegals who often rely on slow, outdated processes — like mailing paper "workbooks" for clients to fill out, review, and send back and forth for review and corrections, which can take weeks — Lets GetDivorced uses modern internet technology to streamline the entire process.
At Lets GetDivorced, you can enter your divorce details in minutes. We prepare your documents and then instantly electronically provide them to you online for your review and to make any changes — all without the delays and hassle of filling out paper documents and sending them back-and-forth via email or the postal service until they are ready to be filed.
Court Acceptance Guarantee
Your divorce documents will be carefully prepared to meet your state's legal requirements. With over a decade of experience preparing divorce forms for thousands of cases, you can feel confident knowing your paperwork is complete and accurate.
Ready To Move Forward?
Save time, money, and stress with
Lets GetDivorced.
Attorney Gerald D. Bruckner,
founded Lets GetDivorced to make filing an uncontested divorce affordable, simple, and fast.
Because the service is offered online 24/7, clients can enjoy its exceptionally low prices and fast, comprehensive support, no matter where they live or when it's convenient for them.
It's an ideal, cost-effective divorce option to consider for anyone looking for an affordable attorney or low-cost paralegal services near them.
Customer Testimonials
Customer Testimonials
Easy divorce experience
From beginning to end my divorce was very easy. The support staff I spoke with were always very friendly, polite and helpful.
They do a great job explaining everything so you feel confident and understand all the steps.
E. Wick
Wonderful customer support!
Whenever I called or sent an email during business hours a member of your support team always responded very quickly.
What are the residence
requirements to file divorce
in Texas?
What are the residence requirements to file
divorce in Texas?
In Texas, when the divorce petition is filed, either the spouse who files it (the petitioner) or the spouse whom it is served on (the respondent) must have lived in Texas for the past six months.
And, one of the spouses must have been a resident of the county in which the petition is filed for at least 90 days before the filing.
How long does a divorce take
in Texas?
How long does a divorce take in Texas?
Texas requires a minimum 60-day waiting period between filing a Petition for Divorce
and when a judge can finalize the divorce, so the quickest a divorce can be granted is 61 days.
How much does a divorce cost
in Texas?
How much does a divorce cost in Texas?
The average cost for a traditional divorce invloving lawyers is around $7,567 not including the court's filing fee which averages approximately $300.
Note: Spouses seeking an uncontested divorce
using LetsGetDivorced.com's online divorce service can enormously reduce divorce
costs and get all of their divorce paperwork inexpensively for only
$129.
How to get a free divorce
in Texas?
How to get a free divorce in Texas?
It's possible to get a free divorce in Texas, but there are some requirements. First, the petitioner
should file for an uncontested divorce. Second, the petitioner needs to be able to get their divorce
documents, and have them filled out for free, or fill them out themself. And lastly, to not be charged the court's filing fee the
petitioner has to file, and have granted by a judge, the court's fee waiver form.
Note: Using LetsGetDivorced.com's online divorce service the petitioner can obtain and fill out
their divorce paperwork for only $129.
Is online divorce legal
in Texas?
Is online divorce legal in Texas?
The state of Texas allows people to file for divorce without using an attorney and permits online divorce services to provide and prepare the divorce forms
required to file for a divorce in Texas.
Is the fee to use
LetsGetDivorced.com
only $129?
Is the fee to use LetsGetDivorced.com
only $129?
Absolutely! Our fee for completing all your divorce forms online and providing access to our customer support team by phone or email is a one-time payment of just $129.
We have no hidden fees, no monthly subscription charges, and no document storage fees.
The plain truth is that we've chosen to offer our high-quality online divorce service at a very affordable price, that allows us to make a fair profit while keeping our company operational to assist as many people as we can.
Does the fee to use
LetsGetDivorced.com
include the court filing fee?
Does the fee to use LetsGetDivorced.com
include the court's filing fee?
We wish we could include the court's filing fee but it can vary by county. The court can waive the filing fee for petitioners who qualify as low-income and file a request to have the filing fee waived.
What forms do I need to file
for a divorce in Texas?
What forms do I need to file for a divorce in Texas?
In the state of Texas, these are the most common forms needed to file for an uncontested divorce without minor children.
Original Petition for Divorce
Civil Case Information Sheet
Information on Suit Affecting the Family Relationship (VS-165)
Waiver of Service and Consent
Marital Settlement Agreement
Final Decree of Divorce
Plus,
if your divorce involves minor children, additional forms will need to be completed regarding custody, child support and visitation.
Using LetsGetDivorced.com, it's easy to prepare your divorce forms online for only $129.
Do I need to file my divorce
in the county where my
marriage took place?
Do I need to file my divorce in the county
where my marriage took place?
No. Where a divorce can be filed is based on the current residence of the spouses.
Will I need to provide a copy
of my marriage certificate
to the court?
Will I need to provide a copy of my
marriage certificate to the court?
No. You only need to provide the date of the marriage and the state and county where it took place.
What is the cheapest and
quickest way to get a divorce in Texas?
What is the cheapest and quickest way
to get a divorce in Texas?
An uncontested divorce is the cheapest, quickest, and least stressful way to get divorced in Texas because by you and your spouse agreeing on all terms, you will not need to hire an attorney to represent you in adversarial court proceedings. If you qualify for a waiver you will not have to pay the court's filing fee.
What is an uncontested
divorce?
What is an uncontested divorce?
An uncontested divorce is the cheapest, quickest and most stress-free way to get divorced.
In an uncontested divorce both spouses agree to the filing and granting of their divorce and all of the terms of their divorce, including: the division of
their joint marital property (assets and debts) and the payment or waiver of spousal support. Also, if there are minor children of their marriage both spouses
must also agree on child custody, visitation and child support.
How is child support calculated
and handled in Texas?
How is child support calculated and handled in Texas?
The following is a general outline of how child support is usually calculated and handled in Texas:
In Texas, as in all states, parents have a legal obligation to support their minor children.
When they contemplate getting divorced, one of the most important issues is: How will child support work?
Texas has official child support guidelines that provide very detailed rules that determine the amount of monetary support (child support) that is to be paid after the divorce to support the minor children
of the marriage.
The basic concept of the child support guidelines is that the amount of child support is based on what is called the "net income" of the divorced parent who has the obligation to pay child support.
That sounds pretty simple, but the rules are very complex when it comes to determining what must be used to determine net income and when the spouses may be able to deviate from the guideline amount of child support.
The Noncustodial Parent Pays Child Support
In a Texas divorce, the physical custody of a minor child can be agreed to by the parents, and if they cannot agree, custody will be decided by a judge.
Physical custody can be viewed as indicating which parent the minor child will primarily live with after the divorce. This parent is called the custodial parent.
The other parent, who the minor child spends less time with and who has a right of visitation to spend time with the child, is called the non-custodial parent.
Although a judge has the authority to order either parent or both of them to pay child support, typically, child support is paid by the non-custodial parent to the custodial parent.
The custodial parent has the obligation to use the child support payments they receive to provide daily support for the minor child that lives with them.
For example, they could provide their minor child with food, clothing and housing.
How to Use the Texas Child Support Guidelines
The Texas Child support guidelines use an "income percentage" method that determines the net income of the non-custodial parent.
If you want to get a basic estimate of what the child support amount may be in your divorce, you can use a free child support calculator that is provided by the Texas Office of the Attorney General (OAG).
This calculator only handles cases where the non-custodial parent has only one source of income. For more complicated situations, you will need to use the rules in the guidelines to determine what constitutes
net monthly income and the specific amount of support according to the following steps.
Gross Income Included in Calculating Child Support
For child support purposes, income includes:
all wages and salary, including commissions, military pay, tips, overtime, and bonuses
self-employment income
interest and dividends
net rental income from property the parent owns
severance pay
unemployment benefits
retirement benefits
veterans' benefits
disability benefits, or
workers' compensation awards.
Sometimes a parent in a divorce may decide to try to lower or avoid paying child support by becoming unemployed or underemployed.
They should keep in mind that a judge has the authority to impute (attribute) income based on what that parent is actually capable of earning.
Net Income for the Texas Child Support Guidelines
To determine the non-custodial parent's net income for paying child support, you need to subtract the following costs from the total gross income:
Social Security taxes,
income taxes for a single person,
the cost of health insurance, dental insurance, or cash medical support for the child,
union dues, and
non-discretionary retirement contributions if the noncustodial parent does not pay social security taxes.
Number of Children Requiring Support
After you determine the noncustodial parent's "annual" net income you need to take their net "monthly" income (which is 1/12 of their annual income), and
then multiply the net monthly income by a percentage that is determined by the number of children that will be included in the child support.
When the custodial parent's net income is not above or below a certain monetary threshold, the following percentages are used for this calculation:
1 child = 20%
2 children = 25%
3 children = 30%
4 children = 35%
5 children = 40%
For 6 or more children, the amount must be at least the same as for five children.
If the noncustodial parent's net monthly resources are less than $1,000, these percentages are each reduced by five percentage points (they will then range from 15% to 35%).
Also, if the non-custodial parent has net monthly resources above a certain level ($9,200 a month, under the adjustment made in 2019), a judge may increase the amount of child support that must be paid,
depending on both parents' incomes and the child's needs. The threshold changes every six years to account for inflation.
Health Insurance as Part of Child Support
In Texas, as in most states, in addition to the obligation to pay the child support amount calculated under the child support guidelines, the parents will also have to provide for their minor child's health insurance and dental insurance.
When Child Support May Be Higher or Lower Than the Guideline Amount
Once the amount of child support payable under the guidelines is established, it is presumed by a judge that this amount is in the "best interests" of the child.
However, the judge may order a different amount of child support if they determine that applying the guideline amount would be "unjust or inappropriate" in that case.
The judge must consider all relevant circumstances, including the following factors, when ruling that the amount of child support that will be ordered to be paid will be different than the guideline amount:
the age and needs of the child
the parents' ability to support the child
the time the child spends with each parent
whether either parent has custody of another child or is paying post-secondary educational expenses for a child
the custodial parent's net resources
child care expenses
alimony (spousal maintenance) that a parent is paying or receiving
the cost of the child's travel between the parents if they live far apart, and
extraordinary expenses, such as for health care or education.
If the judge orders the payment of a child support amount that deviates from the guideline amount, the judge must expalin in their order the reason(s) why it would be "unfair or inappropriate" to use the guideline amount.
It is important to keep in mind, that the courts favor agreements; the parents of the minor child can always agree that the amount of child support to be paid will be higher than the guideline amount.
However, if the parents agree that the child support amount will be less than the guideline amount of child support, they will need to explain why applying the guideline would be unfair or inappropriate.
Always keep in mind that the judge will not approve the parents' agreement about the amount of child support unless the judge agrees that the amount is in the child's best interests.
Collecting Child Support in Texas
Once child support is ordered, it must be paid. If you find yourself in the situation of needing or wanting help to collect child support, you may request assistance at the website of the Child Support Division of the Texas Attorney General's Office (OAG) by calling them at (800) 252-8014.
Changing a Texas Child Support Order
It is important to remember that after a child support order is in effect, you may request a modification (a change) of the terms of that order.
To be granted a modification of a child support order, you will need to establish, based on the same legal requirements for an original child support order, that there has been "a substantial change of circumstances" that affects the ability of the non-custodial parent to pay the amount of child support or the need for the change in the amount of child support.
As with the original order for child support, you and the child's other parent are allowed to make an agreement to modify the original order for child support.
But you will still need to appear before a judge so the judge can review your agreement and decide whether it is in "the best interest" of your child to approve that change to the child support order.
In addition to seeking judicial relief in a court to request a modification, you may also request a modification through the Texas Office of the Attorney General (OAG) in its "Child Support Review Process" (CSRP).
What are the grounds for a
divorce in Texas?
What are the grounds for a divorce in Texas?
Texas has "fault" and "no-fault" divorce grounds (legally acceptable reasons) to end a marriage.
"NO FAULT" GROUNDS FOR DIVORCE IN TEXAS:
Insupportability. The court may grant a divorce without regard to fault if 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.
"FAULT" GROUNDS FOR DIVORCE IN TEXAS:
Cruelty. The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
Adultery. The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
Conviction of Felony. The court may grant a divorce in favor of one spouse if during the marriage the other spouse has been convicted of a felony; has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and has not been pardoned. The court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.
Abandonment. The court may grant a divorce in favor of one spouse if the other spouse left the complaining spouse with the intention of abandonment; and remained away for at least one year.
Living Separate and Apart for three years. The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.
Confinement in Mental Hospital. The court may grant a divorce in favor of one spouse if at the time the suit is filed the other spouse has been confined in a state mental hospital or private mental hospital for at least three years; and it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
How to file for an uncontested
divorce in Texas
without a lawyer?
How to file an uncontested divorce in Texas without a lawyer?
In Texas, the basic steps to file for an uncontested divorce without a lawyer begin by determining if you meet the Texas residency requirement. The next step is to fill out the "Original Petition for Divorce".
Then, file the petition at your county's district clerk's office and pay the required filing fee. Notify your spouse about the divorce filing by serving them with a copy of the divorce papers.
If you and your spouse both agree on all of the issues concerning your divorce, you can draft and file with the court an "Agreed Final Decree of Divorce", which both of you must sign. Attend a scheduled court hearing,
with all of your divorce paperwork, to have the judge review it. The spouse who is the respondent is not required to attend the hearing. If everything is in order, the judge can approve and grant your divorce,
and sign the Agreed Final Decree of Divorce.
Low-Cost Uncontested Divorce in Texas Online
Low-Cost
Uncontested Divorce in Texas online
We provide a comprehensive, affordable divorce service for the flat-fee price of just
$
129.
Divorce papers prepared and ready for download within 1 business day
Guaranteed court acceptance
Marital Settlement Agreement
Step-by-step filing instructions
Free unlimited revisions
Click to show more
Click to show more
Spousal name change
Customer support by phone and email
Instant download or email delivery of all documents
Works with same-sex divorces
Automatic child support calculations
Automatic spousal support (alimony) calculations
Our Simple 4-Step Divorce Process
Check Your Eligibility
Confirm that our service will work for your situation.
Provide Your Case Details
Answer simple questions about your divorce and any agreements with your spouse in a guided online questionnaire.
Get Your Divorce Papers
We prepare all the documents to file for your divorce including a settlement agreement, ensuring compliance with your state's legal requirements.
You can review your documents online and instantly make changes.
File for Divorce
We provide clear, step-by-step instructions for filing your divorce.
In Texas, there is a mandatory 60-day waiting period before a judge can grant your divorce, starting from the date the Petition for Divorce is filed. After this period, the judge will sign the Final Decree of Divorce at a Prove-Up Hearing.
A Prove-Up Hearing is a brief hearing (approximately 10 minutes) held in court where the judge asks the petitioner a few simple questions about their divorce before signing the Final Decree of Divorce. Your spouse is not required to attend this hearing. The court will then provide you with a signed copy of your Final Decree of Divorce.
Key Reasons to Use
Lets GetDivorced
for Your Divorce
Key Reasons to Use
Lets GetDivorced
for Your Divorce
Affordable, Flat-Fee Pricing (No hidden fees)
Our flat-fee divorce service provides an inexpensive and convenient way to file for an uncontested divorce, with guidance from start to finish — at a fraction of the cost of hiring an attorney.
Unlike many divorce services that present a low teaser price and then surprise you with extra charges for services you'd reasonably expect to be included — such as making revisions after your documents are prepared — Lets GetDivorced has no hidden fees to use our service. And of course, you can make revisions at no extra cost.
Expert Customer Support — From Start to Finish
Unlike many online divorce services that simply sell you documents and leave you on your own, our friendly, knowledgeable team is here to help every step of the way — from the moment you get started until your divorce is finalized.
We're always available if you need assistance using our website or have questions along the way — so you can move forward with confidence, knowing you're supported from beginning to end.
Fast, Same-Day Document Preparation
Many services and even law offices can take days or weeks to prepare your documents — often charging extra to speed things up. We prepare your documents within just one business day at no extra cost.
Convenient 100% Online Divorce Service
Unlike many online divorce services, as well as traditional attorneys and paralegals who often rely on slow, outdated processes — like mailing paper "workbooks" for clients to fill out, review, and send back and forth for review and corrections, which can take weeks — Lets GetDivorced uses modern internet technology to streamline the entire process.
At Lets GetDivorced, you can enter your divorce details in minutes. We prepare your documents and then instantly electronically provide them to you online for your review and to make any changes — all without the delays and hassle of filling out paper documents and sending them back-and-forth via email or the postal service until they are ready to be filed.
Court Acceptance Guarantee
Your divorce documents will be carefully prepared to meet your state's legal requirements. With over a decade of experience preparing divorce forms for thousands of cases, you can feel confident knowing your paperwork is complete and accurate.
Ready To Move Forward?
Save time, money, and stress with
Lets GetDivorced.
Attorney Gerald D. Bruckner,
founded Lets GetDivorced to make filing an uncontested divorce affordable, simple, and fast.
Because the service is offered online 24/7, clients can enjoy its exceptionally low prices and fast, comprehensive support, no matter where they live or when it's convenient for them.
It's an ideal, cost-effective divorce option to consider for anyone looking for an affordable attorney or low-cost paralegal services near them.
Customer Testimonials
Customer Testimonials
Easy divorce experience
From beginning to end my divorce was very easy. The support staff I spoke with were always very friendly, polite and helpful.
They do a great job explaining everything so you feel confident and understand all the steps.
E. Wick
Wonderful customer support!
Whenever I called or sent an email during business hours a member of your support team always responded very quickly.
What are the residence
requirements to file divorce
in Texas?
What are the residence requirements to file
divorce in Texas?
In Texas, when the divorce petition is filed, either the spouse who files it (the petitioner) or the spouse whom it is served on (the respondent) must have lived in Texas for the past six months.
And, one of the spouses must have been a resident of the county in which the petition is filed for at least 90 days before the filing.
How long does a divorce take
in Texas?
How long does a divorce take in Texas?
Texas requires a minimum 60-day waiting period between filing a Petition for Divorce
and when a judge can finalize the divorce, so the quickest a divorce can be granted is 61 days.
How much does a divorce cost
in Texas?
How much does a divorce cost in Texas?
The average cost for a traditional divorce invloving lawyers is around $7,567 not including the court's filing fee which averages approximately $300.
Note: Spouses seeking an uncontested divorce
using LetsGetDivorced.com's online divorce service can enormously reduce divorce
costs and get all of their divorce paperwork inexpensively for only
$129.
How to get a free divorce
in Texas?
How to get a free divorce in Texas?
It's possible to get a free divorce in Texas, but there are some requirements. First, the petitioner
should file for an uncontested divorce. Second, the petitioner needs to be able to get their divorce
documents, and have them filled out for free, or fill them out themself. And lastly, to not be charged the court's filing fee the
petitioner has to file, and have granted by a judge, the court's fee waiver form.
Note: Using LetsGetDivorced.com's online divorce service the petitioner can obtain and fill out
their divorce paperwork for only $129.
Is online divorce legal
in Texas?
Is online divorce legal in Texas?
The state of Texas allows people to file for divorce without using an attorney and permits online divorce services to provide and prepare the divorce forms
required to file for a divorce in Texas.
Is the fee to use
LetsGetDivorced.com
only $129?
Is the fee to use LetsGetDivorced.com
only $129?
Absolutely! Our fee for completing all your divorce forms online and providing access to our customer support team by phone or email is a one-time payment of just $129.
We have no hidden fees, no monthly subscription charges, and no document storage fees.
The plain truth is that we've chosen to offer our high-quality online divorce service at a very affordable price, that allows us to make a fair profit while keeping our company operational to assist as many people as we can.
Does the fee to use
LetsGetDivorced.com
include the court filing fee?
Does the fee to use LetsGetDivorced.com
include the court's filing fee?
We wish we could include the court's filing fee but it can vary by county. The court can waive the filing fee for petitioners who qualify as low-income and file a request to have the filing fee waived.
What forms do I need to file
for a divorce in Texas?
What forms do I need to file for a divorce in Texas?
In the state of Texas, these are the most common forms needed to file for an uncontested divorce without minor children.
Original Petition for Divorce
Civil Case Information Sheet
Information on Suit Affecting the Family Relationship (VS-165)
Waiver of Service and Consent
Marital Settlement Agreement
Final Decree of Divorce
Plus,
if your divorce involves minor children, additional forms will need to be completed regarding custody, child support and visitation.
Using LetsGetDivorced.com, it's easy to prepare your divorce forms online for only $129.
Do I need to file my divorce
in the county where my
marriage took place?
Do I need to file my divorce in the county
where my marriage took place?
No. Where a divorce can be filed is based on the current residence of the spouses.
Will I need to provide a copy
of my marriage certificate
to the court?
Will I need to provide a copy of my
marriage certificate to the court?
No. You only need to provide the date of the marriage and the state and county where it took place.
What is the cheapest and
quickest way to get a divorce in Texas?
What is the cheapest and quickest way
to get a divorce in Texas?
An uncontested divorce is the cheapest, quickest, and least stressful way to get divorced in Texas because by you and your spouse agreeing on all terms, you will not need to hire an attorney to represent you in adversarial court proceedings. If you qualify for a waiver you will not have to pay the court's filing fee.
What is an uncontested
divorce?
What is an uncontested divorce?
An uncontested divorce is the cheapest, quickest and most stress-free way to get divorced.
In an uncontested divorce both spouses agree to the filing and granting of their divorce and all of the terms of their divorce, including: the division of
their joint marital property (assets and debts) and the payment or waiver of spousal support. Also, if there are minor children of their marriage both spouses
must also agree on child custody, visitation and child support.
How is child support calculated
and handled in Texas?
How is child support calculated and handled in Texas?
The following is a general outline of how child support is usually calculated and handled in Texas:
In Texas, as in all states, parents have a legal obligation to support their minor children.
When they contemplate getting divorced, one of the most important issues is: How will child support work?
Texas has official child support guidelines that provide very detailed rules that determine the amount of monetary support (child support) that is to be paid after the divorce to support the minor children
of the marriage.
The basic concept of the child support guidelines is that the amount of child support is based on what is called the "net income" of the divorced parent who has the obligation to pay child support.
That sounds pretty simple, but the rules are very complex when it comes to determining what must be used to determine net income and when the spouses may be able to deviate from the guideline amount of child support.
The Noncustodial Parent Pays Child Support
In a Texas divorce, the physical custody of a minor child can be agreed to by the parents, and if they cannot agree, custody will be decided by a judge.
Physical custody can be viewed as indicating which parent the minor child will primarily live with after the divorce. This parent is called the custodial parent.
The other parent, who the minor child spends less time with and who has a right of visitation to spend time with the child, is called the non-custodial parent.
Although a judge has the authority to order either parent or both of them to pay child support, typically, child support is paid by the non-custodial parent to the custodial parent.
The custodial parent has the obligation to use the child support payments they receive to provide daily support for the minor child that lives with them.
For example, they could provide their minor child with food, clothing and housing.
How to Use the Texas Child Support Guidelines
The Texas Child support guidelines use an "income percentage" method that determines the net income of the non-custodial parent.
If you want to get a basic estimate of what the child support amount may be in your divorce, you can use a free child support calculator that is provided by the Texas Office of the Attorney General (OAG).
This calculator only handles cases where the non-custodial parent has only one source of income. For more complicated situations, you will need to use the rules in the guidelines to determine what constitutes
net monthly income and the specific amount of support according to the following steps.
Gross Income Included in Calculating Child Support
For child support purposes, income includes:
all wages and salary, including commissions, military pay, tips, overtime, and bonuses
self-employment income
interest and dividends
net rental income from property the parent owns
severance pay
unemployment benefits
retirement benefits
veterans' benefits
disability benefits, or
workers' compensation awards.
Sometimes a parent in a divorce may decide to try to lower or avoid paying child support by becoming unemployed or underemployed.
They should keep in mind that a judge has the authority to impute (attribute) income based on what that parent is actually capable of earning.
Net Income for the Texas Child Support Guidelines
To determine the non-custodial parent's net income for paying child support, you need to subtract the following costs from the total gross income:
Social Security taxes,
income taxes for a single person,
the cost of health insurance, dental insurance, or cash medical support for the child,
union dues, and
non-discretionary retirement contributions if the noncustodial parent does not pay social security taxes.
Number of Children Requiring Support
After you determine the noncustodial parent's "annual" net income you need to take their net "monthly" income (which is 1/12 of their annual income), and
then multiply the net monthly income by a percentage that is determined by the number of children that will be included in the child support.
When the custodial parent's net income is not above or below a certain monetary threshold, the following percentages are used for this calculation:
1 child = 20%
2 children = 25%
3 children = 30%
4 children = 35%
5 children = 40%
For 6 or more children, the amount must be at least the same as for five children.
If the noncustodial parent's net monthly resources are less than $1,000, these percentages are each reduced by five percentage points (they will then range from 15% to 35%).
Also, if the non-custodial parent has net monthly resources above a certain level ($9,200 a month, under the adjustment made in 2019), a judge may increase the amount of child support that must be paid,
depending on both parents' incomes and the child's needs. The threshold changes every six years to account for inflation.
Health Insurance as Part of Child Support
In Texas, as in most states, in addition to the obligation to pay the child support amount calculated under the child support guidelines, the parents will also have to provide for their minor child's health insurance and dental insurance.
When Child Support May Be Higher or Lower Than the Guideline Amount
Once the amount of child support payable under the guidelines is established, it is presumed by a judge that this amount is in the "best interests" of the child.
However, the judge may order a different amount of child support if they determine that applying the guideline amount would be "unjust or inappropriate" in that case.
The judge must consider all relevant circumstances, including the following factors, when ruling that the amount of child support that will be ordered to be paid will be different than the guideline amount:
the age and needs of the child
the parents' ability to support the child
the time the child spends with each parent
whether either parent has custody of another child or is paying post-secondary educational expenses for a child
the custodial parent's net resources
child care expenses
alimony (spousal maintenance) that a parent is paying or receiving
the cost of the child's travel between the parents if they live far apart, and
extraordinary expenses, such as for health care or education.
If the judge orders the payment of a child support amount that deviates from the guideline amount, the judge must expalin in their order the reason(s) why it would be "unfair or inappropriate" to use the guideline amount.
It is important to keep in mind, that the courts favor agreements; the parents of the minor child can always agree that the amount of child support to be paid will be higher than the guideline amount.
However, if the parents agree that the child support amount will be less than the guideline amount of child support, they will need to explain why applying the guideline would be unfair or inappropriate.
Always keep in mind that the judge will not approve the parents' agreement about the amount of child support unless the judge agrees that the amount is in the child's best interests.
Collecting Child Support in Texas
Once child support is ordered, it must be paid. If you find yourself in the situation of needing or wanting help to collect child support, you may request assistance at the website of the Child Support Division of the Texas Attorney General's Office (OAG) by calling them at (800) 252-8014.
Changing a Texas Child Support Order
It is important to remember that after a child support order is in effect, you may request a modification (a change) of the terms of that order.
To be granted a modification of a child support order, you will need to establish, based on the same legal requirements for an original child support order, that there has been "a substantial change of circumstances" that affects the ability of the non-custodial parent to pay the amount of child support or the need for the change in the amount of child support.
As with the original order for child support, you and the child's other parent are allowed to make an agreement to modify the original order for child support.
But you will still need to appear before a judge so the judge can review your agreement and decide whether it is in "the best interest" of your child to approve that change to the child support order.
In addition to seeking judicial relief in a court to request a modification, you may also request a modification through the Texas Office of the Attorney General (OAG) in its "Child Support Review Process" (CSRP).
What are the grounds for a
divorce in Texas?
What are the grounds for a divorce in Texas?
Texas has "fault" and "no-fault" divorce grounds (legally acceptable reasons) to end a marriage.
"NO FAULT" GROUNDS FOR DIVORCE IN TEXAS:
Insupportability. The court may grant a divorce without regard to fault if 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.
"FAULT" GROUNDS FOR DIVORCE IN TEXAS:
Cruelty. The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
Adultery. The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
Conviction of Felony. The court may grant a divorce in favor of one spouse if during the marriage the other spouse has been convicted of a felony; has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and has not been pardoned. The court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.
Abandonment. The court may grant a divorce in favor of one spouse if the other spouse left the complaining spouse with the intention of abandonment; and remained away for at least one year.
Living Separate and Apart for three years. The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.
Confinement in Mental Hospital. The court may grant a divorce in favor of one spouse if at the time the suit is filed the other spouse has been confined in a state mental hospital or private mental hospital for at least three years; and it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
How to file for an uncontested
divorce in Texas
without a lawyer?
How to file an uncontested divorce in Texas without a lawyer?
In Texas, the basic steps to file for an uncontested divorce without a lawyer begin by determining if you meet the Texas residency requirement. The next step is to fill out the "Original Petition for Divorce".
Then, file the petition at your county's district clerk's office and pay the required filing fee. Notify your spouse about the divorce filing by serving them with a copy of the divorce papers.
If you and your spouse both agree on all of the issues concerning your divorce, you can draft and file with the court an "Agreed Final Decree of Divorce", which both of you must sign. Attend a scheduled court hearing,
with all of your divorce paperwork, to have the judge review it. The spouse who is the respondent is not required to attend the hearing. If everything is in order, the judge can approve and grant your divorce,
and sign the Agreed Final Decree of Divorce.
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