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How does DivorceWriter work?
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First, complete the basic pre-purchase portion of the online interview. Then, set up your DivorceWriter account and enter your payment information. Complete the remainder of the online interview, which asks for additional information regarding your property, debts, children (if any), etc., and click on “submit." Our automated system will transfer the information to forms specific to the state where the divorce will be filed. Your completed self-prepared DivorceWriter package is then printed and shipped to you via priority mail along with written procedures for signing and for filing with the Clerk.
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How much does DivorceWriter cost?
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The DivorceWriter fee is just $149.
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What are the Texas residency requirements for filing for divorce?
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To file for divorce in Texas, either the Petitioner or the Respondent must: (1) have lived in Texas for at least six months before the divorce is filed and (2) have been a resident of the county in which the divorce is filed for at least 90 days before the filing date.
Additionally, if one spouse has been living in Texas for at least the last six months, then the other spouse, even if he or she lives in another state or country, may file for divorce in the Texas county where the Texas resident spouse is living at the time the divorce is filed.
See Texas Family Code Sec. 6.301 and 6.302.
However, choosing to have a non-Texas resident spouse file for divorce in Texas may complicate matters. For example, if the non-resident spouse intends to file by mail, he or she must first confirm that this is acceptable in the county of filing. If not, it will be necessary to travel there to file in person. Also, the spouse that files for divorce (the Petitioner) is required to attend a court hearing in the county of filing. Thus, it is often easier for the spouse that resides in Texas to file for divorce.
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Where do I file the divorce documents in Texas?
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In Texas, divorces are filed in the Distrtict Court Clerk's office.
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What are the grounds for filing for divorce in Texas?
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While there are several fault-based grounds for divorce in Texas, insupportability is considered the "no-fault" grounds for divorce. Generally, if insupporability is the grounds alleged in the Petition for Divorce, the court will grant a divorce as long as both parties agree 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.
For additional information on grounds for divorce in Texas, see Texas Family Code Sec. 6.001-6.007.
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How do I make changes to my documents after receiving my self-prepared Texas DivorceWriter package?
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If you want to make changes to any of your documents after receiving them in the mail, you have two options:
1) Log into your account at https://www.divorcewriter.com/Home_Login.asp and make changes to your online interview responses. Then, contact customer service at 800-928-7713 or info@divorcewriter.com to obtain copies of your updated documents at no extra charge. At that time, you can choose to either have them e-mailed to you or shipped via priority mail; or
2) Log into your account and email your documents to yourself using the email button on the review page. Customize as needed and print.
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How is child support calculated in Texas?
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Based on the information provided by the customer when completing the online interview, a computer generated Child Support Worksheet for Texas is automatically created and sent to the customer as part of the DivorceWriter package.
| # Children | % Net Income |
| 1 | 20% |
| 2 | 25% |
| 3 | 30% |
| 4 | 35% |
| 5 | 40% |
| 6+ | Not less than 40% |
Additional information on the calculation of child support can be found at: Texas Family Code Chapter 154.
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How are child support payments made in Texas?
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In Texas, the court must order the payment of child support to the state disbursement unit where it is then distributed to the party receiving the support payments. See Texas Family Code Sec. 154.004.
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Does the Court always require child support to be withheld from the income of the parent that has to pay?
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Although the court must order that support be withheld from the income of the parent that pays support, it will suspend the withholding as long as the child support payments remain current. The support order contains a provision for income withholding to begin if a support delinquency occurs. See See Texas Family Code Sec. 154.007.
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What if my spouse and I have agreed to a child support amount that is different from the standard amount?
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A Texas court may order child support payments in an amount other than that established by the guidelines if it is in the best interest of the child(ren) to do so. To review the 17 factors the court must consider in deciding to allow a support amount different than the guideline amount, see Texas Family Code Sec. 154.123.
The DivorceWriter online interview shows you the child support calculation under the guidelines. Then, the customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount as well a reason for using a different amount.
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What if we already have an existing order for child support, possession, and visitation in Texas?
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The DivorceWriter Texas online interview asks about any existing orders issued by either a court or the Attorney General's office for child support, possession, and visitation for which no changes need to made in the divorce proceedings. Customers with existing orders are able to provide the name of the office or court where order was issued as well as the case or cause number of the order.
However, even if you have an existing order, you and your spouse can agree to modify the order in the divorce proceedings.
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When can a child support order be modified in Texas?
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In Texas, the court may modify an order that provides for the support of a child if:
(1) the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the child support order;
or
(2) it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20% or $100 from the amount that would be awarded in accordance with the child support guidelines.
However, if the parties agree to an order under which the amount of child support differs from the amount that would be awarded in accordance with the child support guidelines, the court may modify the order only if the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order's rendition.
See Texas Family Code Sec. 156.401.
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What is the difference between child support and spousal support?
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Spousal support is paid to one spouse by the other for the support of the receiving spouse. Child support, on the other hand, is paid to one parent by the other for the support and care of dependent children. The DivorceWriter online interview provides separate detailed options for customizing both child support and spousal support.
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Can we customize our documents to fit our spousal support needs?
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You can choose:- No spousal support
- Spousal support paid in periodic payments for a set duration
- Spousal support paid in a lump sum
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Can we customize our documents to fit our plans for our real estate?
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The DivorceWriter online interview allows customers to list not only the street address, city, and zip code of the property, but also provides space to include the legal description of the property located on the deed, if desired. Additionally, spouses who have agreed that one spouse will receive a one-time set dollar amount as compensation for surrendering rights to, or for the sale of, a piece of property may choose to enter that information in the Property Division Section.
The self-prepared DivorceWriter does NOT include quit claim deeds. Customers may need to consult with an attorney to discuss the requirements for completing a transfer of real estate. Additionally, customers may need to consult with an attorney, accountant, and any other professional necessary to determine any tax consequences or other legal consequences of transferring real estate.
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Will we have the option to divide one or more retirement plans?
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The DivorceWriter online interview allows spouses who have agreed to split one or more retirement plans to indicate the exact percentage that each spouse will receive of the retirement plan.
DivorceWriter cannot provide legal advice and cannot provide you with a Qualified Domestic Relations Order (QDRO). Contact an attorney and/or the retirement plan administrator for assistance in drafting a QDRO.
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Can we divide/list as many items of personal property as we want?
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Choose to list all, some, or no property. The customer decides which property, if any, to list, although some courts require that at least real estate, vehicles, retirement accounts, property with titles, and/or other valuable property be listed. Spouses who have agreed to split one or more pieces of personal property can make a new entry for each spouse for each item to be divided, and then indicate the exact percentage that each spouse will receive.
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Can we divide/list as many debts as we want?
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Choose to list all, some, or no debts. The customer decides which debts, if any, to list, although some courts require debts related to real estate, vehicles, property with titles, and/or other valuable property to be listed as well as joint debts.
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What happens after I receive my self-prepared Texas DivorceWriter package?
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Along with your self-prepared DivorceWriter package, you will receive written procedures for signing documents and filing with the Clerk. The written procedures are state-specific and include the address and telephone number of the District Court Clerk for the county of filing selected by the customer.
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What are the basic steps to getting a divorce in Texas?
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1) File the Petition for Divorce with the District Court Clerk, pay the filing fee of approximately $250.00-$300.00, and schedule the final hearing.
2) Give your spouse a file-stamped copy of the Petition for Divorce.
3) File the Waiver of Citation signed by your spouse with the Clerk.
4) Approximately 61 days later, the filing spouse (Petitioner) attends the final hearing and files a Final Decree of Divorce signed by both spouses, which the Judge will sign to finalize the divorce.
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How much is the filing fee in Texas?
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County divorce filing fees are NOT included with your DivorceWriter purchase. The fee for filing for divorce in Texas is typically $250.00-$300.00.
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What documents are included in the self-prepared Texas DivorceWriter package?
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In addition to Texas filing procedures, your self-prepared Texas DivorceWriter package will include:- Original Petition for Divorce
- Waiver of Citation
- Order Setting Final Hearing (not required in all counties)
- Final Decree of Divorce
Travis County customers will also receive:- Travis County Rules and Orders
Customers with minor and/or legally dependent children will also receive:- Exhibit A: Information Required by Texas Family Code § 105.006
- Employer’s Order to Withhold from Earnings for Child Support
Customers with both the spouse and children living outside Texas will also receive:- Exhibit A: Information Minors Required Under §152.209
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What are the signature requirements for the documents I will receive?
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The state-specific filing procedures included in the DivorceWriter package indicate which documents need to be signed and which documents, if any, require notarization. Some documents will require the signatures of both spouses. When notarization is required, a separate notary block is provided for each spouse, so that it is not necessary for notarization to occur at the same time or place.
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How long does it usually take to finalize a divorce in Texas?
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There is a 60-day waiting period before the divorce may be finalized, which begins the day the Petition for Divorce is filed. When the spouses settle all issues during the 60-day waiting period and sign a Final Decree of Divorce, the decree may be submitted to the court as early as the 61st day if Judge's schedule can accommodate the hearing date. The District Court Clerk will be able to provide you with more information on scheduling a specific hearing date.
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How do I serve my spouse with the divorce papers in Texas?
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When spouses both want to end their marriage and are in agreement on all issues, the Petition for Divorce tells the court, among other things, that the non-filing spouse will waive his or her right to personal service. Then, the non-filing spouse signs a Waiver of Citation that tells the court that he or she has received a file-stamped copy of the Petition and has signed the Final Decree of Divorce.
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Will either of us be required to attend a court hearing?
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The spouse that files for divorce (Petitioner) will be required to attend a court hearing. The hearing can take place as early as 61 days after the Petition for Divorce is filed.
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I don't know where my spouse is. Can I still use DivorceWriter?
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DivorceWriter is designed for customers who have reached a full agreement on all issues and who are both willing and able to sign documents.
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What if one spouse is in the military?
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When a Texas resident spends time outside of the state while in the armed forces, he or she remains a resident of Texas.
Additionally, a person who was not previously a resident of Texas who is serving in the armed forces and has been stationed at one or more military installations in Texas for at least the last six months and at a military installation in a Texas county for at least the last 90 days is considered to be a Texas domiciliary and a resident of that county for those periods for the purpose of filing for divorce.
See Texas Family Code Sec. 6.303 and 6.304
For additional information on residency requirements, the servicemember may wish to contact his or her local JAG office.
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What if one spouse is living in a foreign country?
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If your spouse is able to receive documents in the mail and is willing to sign and return the necessary documents to you, his or her being outside of the U.S. should not be a barrier to you filing for and obtaining a divorce in Texas.
For any documents requiring the notarized signature of a spouse living in a foreign country, consular officials at any U.S. embassy or consulate abroad can provide a service similar to the functions that a notary public provides in the United States.
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What if I have an out of state driver’s license or no license at all?
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Lack of a valid in-state driver’s license could pose a problem if the spouse without the license is filing the initial divorce documents as it may be difficult to prove that he or she meets the residency requirements. Lack of any license at all could pose an issue when it comes to positive identification if needed in court or to verify identity for notarization purposes.
However, most counties don't require any form of identification to file for divorce. Contact the Court Clerk if you have additional questions.
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Where can I find the full-text version of the Texas divorce statutes online?
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Texas Statutes Family Code
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