Answers to frequently asked questions
Either you or your spouse must have lived in Texas for at least six months. As long as one spouse still lives in Texas, you can file your divorce in Texas.
Please note: Our forms are NOT designed for the situation where (1) children are involved and (2) one spouse (or a child) lives outside of Texas.
Division of Property
Child Support Issues
Chapter 154 of the Texas Family Code governs child support.
You may enter into an agreement for the amount of child support to be paid if such agreement is in the best interest of child. Generally, Texas law says that child support is calculated by multiplying the paying parent's monthly net income by a percentage that is set in the guidelines. To calculate the amount of child support, you first have to determine the monthly net income of the parent paying child support. To determine your monthly net income, subtract income taxes, social security taxes, union dues, and health insurance premiums and other medical expenses (if the court ordered the paying parent to pay these expenses) from your monthly gross income. FYI-There is a maximum amount of the obligor’s net resources that are used to compute the child support obligation. As of September 1, 2013, this cap is $8,550 (this is not the maximum monthly child support obligation, but rather the maximum monthly net resources figure in which the percentage below would then apply...in other words the child support calculation applies only to the first $8,550 of monthly net income). If the person paying child support only has children by this marriage, child support will be calculated as follows:
- 1 child: 20 percent of net resources
- 2 children: 25 percent
- 3 children: 30 percent
- 4 children: 35 percent
- 5 or more children: 40 percent
If the parent who will be paying child support has children from other marriages or relationships, the percentages will differ from those stated above. You can use the following child support calculators: Alllaw.com Child Support Calculator or DivorceHq.com Child Support Calculator.
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- Submit information about you and your spouse and the desired outcome of your divorce via our online questionnaire.
- Download and print your personalized divorce forms and step-by-step instructions.
- Sign and file.
Am I Eligible?
In order to use our divorce forms, you must meet certain requirements.
Uncontested Divorce: Your divorce must be uncontested (also known as agreed divorce or mutual divorce). The most common kind of uncontested divorce is when both spouses agree on the terms of the divorce. What is an uncontested divorce?
Texas Residency: One spouse must have lived in Texas for six months (both spouses must live in Texas if they have children together that are minors).