Frequently Asked Questions About the Austin, Texas, Divorce Process

Divorce Settlement Agreement Frequently Asked Questions About the Austin, Texas, Divorce Process

The Austin, Texas, Divorce Process—Everything You Need To Know

If you have decided to separate from your spouse and are looking for a way to get an out-of-court settlement, you have come to the right place. Follow our step-by-step guide and learn everything you need to know about the Austin, Texas, divorce process.

Sign up for our app to draft a divorce settlement agreement online without any hassle!

What Are the Divorce Requirements in Austin, TX?

You have to meet the following requirements to file for divorce in Austin, Texas:

  1. Live in Texas for at least six months before filing for divorce
  2. Be a resident of Austin for at least three months before filing for divorce

In case you or your spouse have been away to do public service, such as serving in the military, the time away will not be counted, and you will still be able to file for divorce.

How To Get a Divorce in Austin, TX

You have two options when filing for divorce in Austin, Texas:

  1. Contested divorce—You or your spouse disagree on various divorce-related matters
  2. Uncontested divorce—This is a friendly divorce where both parties agree on divorce matters and sign the divorce papers

If you file for an uncontested divorce, you might not even need a lawyer! Whenever possible, it is advised to get a divorce without court intervention to save money and prevent unnecessary delays.

Can You File for a No-Fault Divorce in Austin?

Even though Texas is an at-fault state, you can file for a no-fault divorce in Austin. Unless you plan to accuse your spouse of ruining the marriage, it is always better to file for a no-fault option because these divorces are much less stressful and take less time and money.

Here is a table outlining key grounds for divorce in no-fault and fault-based divorces:

Grounds for a No-Fault DivorceReasons for a Fault-Based Divorce
  • Irreconcilable difference—You and your spouse have mutually decided to end the marriage because you don’t get along anymore
  • Compatibility—Both spouses feel they are not a good match and cannot stay married any longer
  • Living separately—If you and your spouse have been living in separate homes without cohabitation for a minimum of three years
  • Adultery—A spouse has been caught cheating or being intimate with a third party
  • Abuse—One spouse is emotionally, physically, or verbally abusive to the other spouse
  • Abandonment—A spouse has left the other spouse with the intention to abandon them
  • Mental illness—A husband or wife has been admitted to a mental hospital for at least three years
  • Imprisonment—One spouse has been in prison for over a year

Steps To Take When Filing for an Uncontested Divorce in Austin, TX

To file for divorce without a lawyer, you need to take the following steps:

  1. Fill out the divorce form and file it with the District Clerk in Austin
  2. Pay the filing fees, which can range from $250 to $300
  3. Serve your spouse with the divorce papers
  4. Take inventory of all individual and joint income and assets to divide everything fairly
  5. Finalize the settlement agreement—The final hearing does not take place until the 60-day period has passed. You can use this period to finalize the settlement agreement or hire a mediator to resolve any issues
  6. Attend the divorce hearing and answer the judge’s questions

Once the judge is satisfied with the responses from both spouses, they will sign the final divorce decree. You will need to file it with the clerk’s office for official records. Make sure to ask the clerk for two copies of the divorce decree—one for you and one for your spouse.

What Is the Average Cost of Divorce in Austin, TX?

The average cost of divorce in Austin, TX, is $15,600, which can include the following fees:

  • Mediation fees
  • Attorney fees
  • Court filing fees
  • Child custody professional fees
  • Expert witness compensation

Texas is one of the most expensive states when it comes to divorce, so consider getting a divorce without going to court to reduce expenses as much as possible. Subscribe to DoNotPay and get a divorce settlement agreement instantly and for a minimal price!

Draw Up a Divorce Settlement Agreement With the Help of DoNotPay

There are numerous requirements that you need to meet if you’re making an out-of-court divorce settlement agreement. Online contract templates might not be of much help because they’re outdated or don’t allow you to customize the document. Lawyers can be super expensive and charge you hundreds of dollars in one sitting.

If you’re looking for an option that is both useful and affordable, sign up for DoNotPay and:

  1. Choose the Divorce Settlement Agreement tool
  2. Provide information about your spouse and children (if any)
  3. Enter the details about your income and assets

Once we’ve completed the process, we will send the document your way. After you and your spouse have signed the document, you will need to get it notarized by a notary public. If you don’t know where to find one, we can help you schedule an online appointment in no time!

Creating a divorce settlement agreement isn’t all that we can do! We offer many helpful guides on Texas divorce-related questions, such as:

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