Divorce is often a very expensive process. Costs can become extremely high when spouses disagree on the divorce terms and opt for a contested marriage dissolution. The price of ending a marriage is usually much lower in an uncontested divorce, but parties still have to cover obligatory court fees.
However, it happens that spouses, particularly the filing one, claim they lack money to pay for a divorce. What should a petitioner do if they are in a difficult financial situation? Are there any legal options to get divorced without spending anything? Who can get the court fees waived? We’ll try to figure it out in this article.
We have described a general scenario when soon-to-be-ex-spouses lack money for divorce proceedings, elaborating on law specifics in Texas. So, you’ll learn how to get a free divorce in Texas, whether you qualify for a fee waiver, and what alternative methods you can use to dissolve your marriage at a low cost.
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Yes, you can get divorced in Texas without spending money, but it isn’t really simple and happens rarely. First, let’s categorize divorce-related expenses. Roughly speaking, we can divide them into two categories:
Court fees include payments for filing a case, serving documents, and making copies. Currently, a filing fee in Texas ranges from $300 to $400, on average, depending on the county. Serving divorce forms to a defendant costs around $50-$100. If a petitioner can’t afford to file for divorce, they can ask the court to waive the mandatory payment. More information on the qualifying criteria and the process of filing a fee waiver will be provided further.
Attorney fees are typically optional spending. They arise if spouses apply for a contested divorce, which necessitates them to hire an attorney, or file for an uncontested one but still decide to turn to a lawyer’s assistance. A couple can avoid these expenditures if they manage to settle their disputes and proceed without legal representation. On average, a divorce lawyer in Texas charges $250-$400 per hour. The more consultations and hearings are required, the bigger the sum for assistance gets. Besides, an hourly rate usually depends on the expertise of an attorney and the location where they run the practice.
So, how to get a divorce with no money in Texas? Basic recommendations are:
Payments for legal assistance make up the biggest part of all divorce expenses. Talking about legal help, we mainly imply attorneys’ assistance. These professionals guide spouses on the divorce steps, can be in charge of document completing and filing, represent spouses when hearings take place, and help with other tasks during the divorce process.
It is convenient to delegate all confusing tasks to a lawyer, but it is not always possible when you lack money. Still, there are other ways to get free legal advice for divorce. Remember that such alternatives aren’t a complete replacement for an attorney. They are budget-friendly methods for divorcing partners to understand their rights and obligations during marriage dissolution so that they can navigate their divorce more efficiently.
To find a specialist who can help you, check out The Texas State Bar Association. The website has a very convenient catalog. You can select the needed county and see which lawyers are currently available.
The cheapest divorce in Texas is possible if a petitioner and a defendant have come to an agreement on all divorce-related issues. They must settle topics such as property and debt division, child custody and support, alimony, etc. Therefore, they can start a divorce without reaching out to lawyers and save on attorney fees.
Next, a petitioner should file a Statement of Inability to Afford Court Costs to prove their low-income status. It is necessary to show that their income and assets fall below a certain threshold and that paying the court fees will create a financial hardship. Currently, if an annual gross household income is at or below 125% of the Federal Poverty Guidelines, it is possible to ask the court to remove court fees.
Besides, people who receive government benefits such as food stamps, TANF, Medicaid, SSI, or public housing, are also eligible to apply for a fee waiver.
Finalizing a divorce in Texas absolutely for free isn’t a simple task. It may take some time and effort, but if you do everything according to the law, you may terminate your marriage with little or no expenses. Follow the steps below to do it:
Texas state court website has a “Divorce” section. In addition to general guidelines for a divorce process, there are also free divorce forms stored there and categorized for streamlined navigation. The templates provided are free. Still, dealing with paperwork on your own can be challenging because there is nobody to explain to you which particular forms from a huge variety are required in your unique situation and how to fill them out properly.
People who are afraid of making mistakes when choosing forms and completing them may get help with divorce when it comes to paperwork from online services specializing in document preparation. Such companies can prepare a set of forms that comply with state laws and fully reflect your case. They usually assist couples who have a no-fault, uncontested marriage termination. Of course, such a help comes at a fee. Still, it is much lower than what attorneys charge for this type of work and much faster than when managing paperwork on your own.
Getting a divorce for free is a viable option for couples with limited funds. If court fees can worsen their financial situation, they can ask the judge to waive the payment. To remove court fees, you should do the following:
If your request is approved, you won’t need to pay court fees for starting a divorce. Otherwise, you will have to find money to cover divorce fees and follow a standard divorce procedure in Texas. Sometimes, it happens that the court postpones the payment, and once a petitioner gets the needed money, they will be obliged to disburse.
