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Understanding the Texas Divorce form is essential for anyone navigating the divorce process in Texas, especially when the divorce is uncontested. This form is designed for situations where both spouses agree on the terms of the divorce, including the division of property and any child custody arrangements. The process begins with filling out the Original Petition for Divorce, which notifies the court and the other spouse of the intent to divorce. Once filed, the petitioner must provide legal notice to the other spouse, which can be done through various methods such as a Waiver of Citation or official service. A crucial aspect to remember is the waiting periods involved; typically, a 61-day waiting period must pass before finalizing the divorce, allowing both parties time to reconsider. Additionally, if there are children involved, specific forms must be used to address custody and support issues. The Texas Divorce form package also includes provisions for those who may not have the financial means to pay court fees, allowing them to file an Affidavit of Inability to Pay Costs. While the forms are designed to assist individuals in completing an uncontested divorce without legal representation, seeking the advice of a lawyer is always recommended to ensure that all legal rights are protected and that the process runs smoothly.

Sample - Texas Divorce Form

The Uncontested

Divorce Process

in Texas

This guide is intended to help you use the uncontested divorce forms provided by www.TexasLawHelp.org

Do not use these forms or this guide if:

Your divorce is contested*

The wife is pregnant.

You have a bankruptcy pending. (If you have a pending bankruptcy, talk with a bankruptcy lawyer before filing for divorce.)

Neither you nor your spouse has lived in Texas in the last 6 months.

Is your divorce contested? -Or-

Is your divorce uncontested?

*Your case is contested when you and your spouse don’t agree about getting the divorce, dividing your property and debts, or what to do with your children. DO NOT USE THESE FORMS or this brochure for a contested divorce.

Your case is uncontested when:

It is ‘agreed’ – You and your spouse agree about all of the issues in your case.

or

Table of Contents

Basic Information, page 2 Know the Steps, page 3 Legal Notice Chart, page 6

Are you Ready for Court? page 7 Common Questions, page 8

It is ‘default’ – Your spouse does not file an answer with the Court after being officially served with your divorce paperwork.

REMEMBER: It is always best to have the advice of a lawyer. The court clerks, librarians, and judges want to help you, but they cannot give you legal advice, help you fill out your forms, or tell you what to do. If you proceed without a lawyer, you will be responsible for protecting yourself.

Texas Divorce Brochure © Partnership for Legal Access 12/14/09

Page 1 of 9

Basic Information

What is a divorce?

A divorce ends your marriage.

A divorce decree says who keeps what property and who pays what debts.

Where do I get divorced?

You can get divorced in Texas if you or your spouse has lived in Texas for the last 6 months.

File your divorce in the county courthouse where you or your spouse has lived for the last 90 days.

Why do I need to wait until after the baby is born?

Most Texas courts will not finalize a divorce if the wife is pregnant, even if the baby is not the husband’s. Instead, the courts wait until after the baby is born so that orders regarding the baby can be included in the divorce decree.

Do I need a lawyer?

Important Note:

The www.TexasLawHelp.org forms are forms used in a basic, uncontested divorce.

You will need to hire a lawyer to draft forms for special issues like spousal support, transfer of land and houses, division of retirement and investment accounts, etc.

You need an attorney for a contested divorce, especially if temporary support or restraining orders are needed.

DO NOT use the www.TexasLawHelp.org forms for a contested divorce.

You do not have to have a lawyer to get a divorce, but it’s a good idea especially if:

•You and your spouse do not agree (the divorce is contested).

•Your spouse has a lawyer.

•You are afraid for your safety or your children’s safety.

•You are unsure how to divide property such as retirement and real estate correctly.

Getting a divorce can be complicated. If you make a mistake, it could affect your children, your property, and your income. Try to speak to a lawyer about your legal rights before you file your Petition for Divorce. Some lawyers will unbundle their services. They will “coach” you to represent yourself and only charge for the services you request. Other lawyers are available only if you hire them to handle every step of the case. If you can’t afford to hire a lawyer, contact your local Legal Aid office.

What forms do I need?

There are several form packets to choose from on www.TexasLawHelp.org.

Choose the Divorce without Children forms if you do not have minor children of the marriage or if you have child support and visitation orders already in place.

Choose the Divorce with Children forms if children were born or adopted during the marriage and the children are younger than 18 or have not graduated from high school. Exception: If you already have final court orders for custody and support of the children, and you are not asking for a change to those orders in the divorce process, then use the Divorce without Children forms and attach a copy of the current custody and support orders (showing the judge’s signature) to the Decree.

If you cannot afford the court filing fees, you should also file an Affidavit of Inability to Pay Costs. This form tells the court about your income and assets and asks the court to waive the filing fee.

The Default Judgment Kit explains what you need to do to get a final judgment when your spouse will not respond to the divorce. This kit includes instructions and explanations about what you must do, a checklist for the forms you need, and the forms you can use.

If you cannot find your spouse, review the Legal Notice, the Service by Posting, and the Service by Publication, kits on www.TexasLawHelp.org.

Texas Divorce Brochure © Partnership for Legal Access 12/14/09

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4) Official Service by Publication or Posting. Either Publication or Posting is used when a spouse can’t be found. You will have to prove to the judge that you tried hard to find your spouse. You may have to pay your spouse’s attorney’s fees. There is more information about this type of service at
www.TexasLawHelp.org.
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NOTE: In most counties family law cases are heard in the district courts and all paperwork is filed in the District Clerk’s Office. In counties where family law cases are heard in county courts, you would file your paper work in the County Clerk’s Office.

Divorce in Texas – Know the Steps

Step 1. Fill out the Original Petition for Divorce.

This form tells the judge and your spouse that you want a divorce.

Step 2. Make 2 copies of your completed Original Petition for Divorce.

Step 3. File your Original Petition for Divorce.

Take the original and 2 copies of your completed Original Petition for Divorce to the Courthouse. File your papers with the District Clerk’s Office.

The clerk will ask you to pay a fee (around $250 - $300) to file your Original Petition for Divorce. If you cannot afford the fee, you should also file an Affidavit of Inability to Pay Costs.

This form tells the court about your income and assets and asks the court to waive the filing fee.

The clerk will stamp your papers with the date you file. She will also assign a cause number and a judicial district. The clerk will keep the original and give back your copies. Keep a copy for yourself in a safe place. You will need the other copy to give legal notice to your spouse.

Step 4. Give Your Spouse “Legal Notice.”

You must notify your spouse that you are asking the court for a divorce and you must prove to the court that you did so. This is called giving “legal notice.” There are 4 ways to give legal notice:

1) Waiver of Citation. You may give legal

3) Official Service in Person or by Mail. You

notice by giving your spouse a file-stamped copy

can have an official process server give notice

of your Original Petition for Divorce and a

to your spouse either in person or by certified

Waiver of Citation that he or she signs in front of

mail.

 

a notary and files with the Court. If you choose

 

 

this method, do not give your spouse the Waiver

If you are having your spouse served in jail, do

of Citation until after you file your Original

not use Official Service by Mail. Instead, send

Petition for Divorce.*

 

 

your divorce paperwork to an official server in

*The Waiver of Citation in this packet is a global

that

county so that your spouse can be

personally served.

waiver. By signing a global waiver, your spouse

 

 

gives up the right to be given a

copy of the

After your spouse is served the official server

divorce Petition by Official Service and

 

fills out a Return of Service form stating

the right to know what orders you will

 

 

when and where your spouse was

ask the judge to make regarding

 

 

 

 

served. This is proof to the court

your children and property.

If

Read the Legal

that you notified your spouse of

your spouse signs the Waiver of

Notice chart on

the divorce.

Citation provided in this packet

 

 

page 6 to select

 

s/he does not have to sign the

 

the method of

The Return of Service form must

Decree of Divorce or go

to

court.

 

notice you plan

be filed with the clerk’s office.

 

 

2) Answer. If your spouse agrees to the divorce and wants to know what orders you will request, or when

to use.

hearings are scheduled, then s/he should sign and file an Answer instead of a Waiver. If your spouse files an Answer, s/he must also agree to and sign the Decree of Divorce to finish your divorce without a contested hearing. You do not need to have your spouse officially served.

Texas Divorce Brochure © Partnership for Legal Access 12/14/09

Step 5. Wait.

61 Day Waiting Period – (Applies in Most cases)

In most cases, you must wait at least 61 days from the day you filed your Original Petition for Divorce before you can finish your divorce. You can always wait longer than 61 days, but your divorce cannot be finished in less than 61 days. When counting the 61 days, count the day you filed your Original Petition for Divorce on a calendar, and then count out 61 more days.

The 61 Day Waiting Period can be waived in cases of domestic violence if:

You have an active Protective Order against your spouse who committed family violence during your marriage, or your spouse has received deferred adjudication or a final conviction for committing family violence against you or a member of your household.

Other Waiting Periods

21 Day Answer Period – (Applies in Official Service cases only)

If your spouse was served with legal notice by an official process server, you must wait at least 21 days after your spouse was served, to see if your spouse will file an answer. This 21-day period may or may not fall within the 61 day waiting period. When counting the 21 days, count the day your spouse was served on a calendar, and then count out 21 more days. Go to the next Monday on the calendar. This is the last official day of your spouse’s answer period. However, your spouse can file an answer any time before you finish your divorce.

7 Day Waiting Period – (Applies in Posting cases only)

If you spouse was served by Posting add an additional 7 days to the 21 day answer period. Go to the next Monday on the calendar. This is the last official day of your spouse’s answer period. However, your spouse can file an answer any time before you finish your divorce.

10 Day Waiting Period – (Applies in Official Service cases only)

If your spouse was served with legal notice by an official process server, the official process server fills out a return of service form stating when and where your spouse was served. The return of service must be on file with the District Clerk’s office for 10 days. When counting the 10 days, do not count the day your spouse was served or the day you go to court. There must be 10 days in between.

What about mediation?

If you and your spouse do not agree on all issues you should consider mediation. In mediation, an independent person will try to help you reach an agreement. The divorce process is usually easier when you have an agreement. Talk to a lawyer first so that you understand your legal rights.

Mediation is not a good idea if you are afraid of your spouse.

Step 6. Determine if your case is contested or uncontested.

How did your spouse respond to the court when you gave him or her legal notice?

You case is contested if your spouse files an answer and does not agree to the terms of the divorce.

Your uncontested case is ‘agreed’ if you and your spouse agree on what to put in your Decree of Divorce, your spouse has signed a waiver or answer, and your spouse is willing to sign your Decree of Divorce.

Your uncontested case is ‘default’ if your spouse did not file an answer after being officially served by the Official Service Process method. After the waiting periods have passed, call the Clerk’s Office to find out if your spouse filed an answer. If your spouse did not file an answer you can finish your divorce without your spouse. Download the “Default Judgment Kit” from www.TexasLawHelp.org. This kit includes the extra paperwork you will need to finish your divorce by default.

Texas Divorce Brochure © Partnership for Legal Access 12/14/09

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Go to court and get the needed
signatures.
8
9
Write your Decree of Divorce.
7 Learn when & where the court hears uncontested divorces.
Wait the required waiting periods.
4
5
6 Determine if your case is uncontested or contested case before proceeding.
Give Your Spouse “Legal Notice.”
Steps in a divorce if your
case is Uncontested
1 Fill out the Original Petition for
Divorce.
2 Make 2 copies of your completed
Original Petition for Divorce.
3 File your Original Petition for
Divorce.

Step 7. Find out when the Court hears

uncontested divorce cases.

Call the District Clerk’s Office to find out when the Court in your county hears uncontested divorce cases. Some courts in big counties have an “uncontested docket” where they hear uncontested divorce cases every day. Other courts, especially those in smaller counties, only hear uncontested divorce cases on certain days.

Step 8. Write your Decree of Divorce.

Fill out your Decree of Divorce. This is the paper the judge signs, granting your divorce. The Decree of Divorce also says who keeps what property and who pays what debts. If you and your spouse have children, the decree of divorce says who makes decisions about your children, when the children see each parent and which parent pays child support and provides health insurance for the children. The decree of divorce may include other orders such as who pays spousal support and how much.

It’s best to have a lawyer review your Decree of Divorce before your present it to the Court. You may also need to hire a lawyer to write additional documents if you are dividing retirement benefits or a 401(k) account or transferring ownership of a house or land.

Step 9. Go to court.

10 Finish your Uncontested divorce by filing the signed decree in the Clerk’s Office.

Bring all of your paperwork to the courthouse on the

day the court in your county hears uncontested divorce cases. Read “Are you ready for court?” on page 7.

If your case is agreed bring:

1)a copy of your Original Petition of Divorce; and

2)the Waiver of Citation or Answer signed by your spouse; and

3)“Information on Suit Affecting the Family Relationship” form; and

4)your Decree of Divorce, (if your spouse filed an answer, make sure s/he signed the Decree of Divorce).

If your case is default bring:

1)a copy of your Original Petition of Divorce; and

2)your Decree of Divorce; and

3)Military Servicemember’s Affidavit and Certificate of Last Known Address, (these forms are part of the Default Judgment Kit at www.TexasLawHelp.org); and

4)“Information on Suit Affecting the Family Relationship” form

Step 10. Finish your divorce by filing your decree in the District Clerk’s Office.

Take your paperwork back to the Clerk’s Office after it is signed by the Judge. Your divorce is not final until the paperwork is filed. File the “Information on Suit Affecting the Family Relationship” form.

NOTE: In some counties, the court, not you, files the signed Decree in the Clerk’s Office.

The clerk will keep the original documents and make copies for you for a fee. You might consider asking the clerk for a certified copy of your Decree of Divorce. If you have child support orders, ask the clerk what you need to do to set up your child support account and wage withholding. There will be a fee.

Texas Divorce Brochure © Partnership for Legal Access 12/14/09

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Giving Legal Notice in Agreed and Default Divorces:

Proving to the Court You Notified your Spouse of the Divorce

. .

 

You want to give the

 

 

 

.

 

 

 

 

 

AND

 

divorce papers to

 

 

your spouse yourself

 

 

 

your spouse

 

AND . . .

 

 

 

 

 

 

You want someone

Your spouse agrees to all parts of the divorce and

does not want to be notified of hearings or sign the decree,

THEN USE 

Your spouse wants to sign the decree, to know what orders you will ask for, or wants to know when hearings are scheduled,

THEN USE 

WAIVER

The Waiver of Citation is

a form signed by the responding spouse and filed with the court to show that he or she has received a notice and waives the right to know

what orders for child

support & property you

will ask the judge to make.

Waiver of Citation method

The Answer is a form filed by the respondent instead of the Waiver of Citation when the respondent wants to retain certain rights.

Spouse files Answer method *

locate

else to give your

 

can

spouse the divorce

papers or you

you

believe your spouse

 

If

 

would not respond

 

 

using the Waiver or

 

Answer methods

 

 

 

AND . . .

 

 

If you don’t know

where your spouse lives, works, or

can be found

AND . . .

You want a constable,

sheriff’s officer or other

official process server to deliver the paperwork or your spouse is in jail,

THEN USE 

You have a good mailing address for your spouse and you can be sure your spouse will be the person who signs the green certified mail card and your spouse is not in jail,

THEN USE 

You don’t have children or valuable property

THEN USE 

You have children or valuable property

THEN USE 

The official server needs to

personally give your spouse

the paperwork, unless s/he

voluntarily files an Answer.*

Official Service by Official Server method

The server will mail the

paperwork by certified mail,

return receipt requested.

Official Service by Mail method

A server will post

notice of your divorce

at the courthouse for

7 days.

Official Service by Posting method

If you serve by publication, your spouse has the right to an attorney and you would have to pay for the attorney’s fees.

Official Service By Publication method

Texas Divorce Brochure © Partnership for Legal Access 12/14/09

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Are you ready for court?

Be prepared:

Get to the courthouse early to find parking and your courtroom.

When the courtroom opens, go in and tell the clerk you are present. The clerk usually sits next to the judge’s bench.

Most courtrooms do not allow children.

When you are in court:

Dress neatly. Do not wear shorts, tank

tops, or hats. Do not chew gum, or bring food or drink into the courtroom.

Turn off your cell phone.

Stand up when the judge enters the courtroom.

Be calm and polite to everyone. Avoid gestures and facial expressions.

Do not talk to the judge or your spouse, unless it is your turn to speak.

The judge may not call your case right away. Wait patiently. If you have to leave the courtroom, tell the clerk where you are going.

If friends or relatives come to court with you, ask them to follow these rules, too.

About testimony

In some counties, the judge will ask you questions.

In other counties, you will be expected to have testimony prepared.

The judge will call your case.

You will raise your right hand and swear to tell the truth.

The judge will ask you questions. Wait until the judge finishes speaking before you start to speak.

If you do not understand a question, say, “I don’t understand.” If you do not know an answer, say, “I don’t know.”

Tell the truth and don’t exaggerate. Give complete answers.

Speak slowly and loud enough so everyone in court can hear you.

Call the judge “Your Honor.”

Say “Yes” or “No” out loud. It’s not enough to nod or shake your head.

The judge will listen to what you say and review your papers. If everything is in order, the judge will sign your Final Decree of Divorce.

SAMPLE TESTIMONY FOR DIVORCE WITHOUT

CHILDREN

My name is ___________________. I filed this suit for divorce

from my spouse ________________. (State your spouse’s

name.)

At the time I filed this divorce, I had lived in Texas for at least the last six (6) months, and in ________ County for at least

ninety (90) days.

My marriage to ______________________(State your spouse’s

name)__________________ has become unworkable because

of differences and misunderstandings between us. There is no reasonable chance that we will get back together.

There are no children born to or adopted of this marriage, who are under 18 years old and we are not currently expecting any other children.

I am requesting that the community property and debts be divided as set forth in the Decree of Divorce. I believe this division is fair.

(OPTIONAL) I am (or My spouse is) requesting a name change to the name that was used before we were married:

_________(State the name used before marriage)

I would respectfully request the Court to grant my divorce.

SAMPLE TESTIMONY FOR DIVORCE WITH CHILDREN

My name is ___________________. I filed this suit for divorce

from my spouse _____________________. (State your spouse’s

name.)

At the time I filed for divorce, I had lived in Texas for at least the last six (6) months, and in _______ County for at least

ninety (90) days.

I am seeking a divorce because of differences and misunderstandings between us. There is no reasonable expectation that we will get back together.

I am requesting that the community property and our debts be divided as set forth in the Decree of Divorce. I believe this division is fair to both of us, and to our children.

We have ___ child(ren) of this marriage, who are under 18 years old. (State the number of children you have with your spouse who are under 18 years old) We are not expecting any other children of the marriage.

I am requesting that conservatorship and child support be ordered as set forth in the Decree of Divorce. I believe that these orders would be in the best interest of our child(ren).

(OPTIONAL)

I am (or My spouse is) requesting a name change to the name used before we were married: ______State the name used before

marriage)

I would respectfully request the court to grant my divorce.

Texas Divorce Brochure © Partnership for Legal Access 12/14/09

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Common Questions

Is it difficult to handle a contested case without a lawyer?

Yes. The court rules are very hard to understand if you are not a lawyer. If you make a mistake, the judge may not be able to see your side of the case. A mistake can affect your children, your property, and your income. If at all possible you should hire a lawyer. If you cannot afford a lawyer, contact your local Legal Aid Office.

Where can I read the laws about divorce?

You can read the Texas Family Code at

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm.

You can the Texas Rules of Civil (court) Procedure at www.supreme.courts.state.tx.us/rules/trcphome.asp.

How long will it take to get divorced?

It will take at least 61 days after the day you file your Original Petition for Divorce.

When can I get married again?

You must wait at least 30 days after the judge signs your Decree of Divorce.

Exception: There is no waiting period if you want to remarry the spouse you just divorced. If you want to marry some one else, you can ask the judge who signed your Decree of Divorce for permission to marry sooner than 30 days. This is called a Waiver of the 30 Day Prohibition Against Remarriage.

Can I get divorced if I do not know where my spouse is?

Yes. But first, you must prove to the court that you have tried hard to find your spouse. Read about service by posting and publication at www.TexasLawHelp.org.

What if I started my divorce in a different county?

You can finish your divorce in the county where you originally filed if you or your spouse had lived in that county for at least 90 days and Texas for at least 6 months at the time you filed your Petition for Divorce. If you want to have the case heard in the county where you are now living, talk to a lawyer.

Terms to Know

Petitioner: The spouse who asks the court for a divorce by filing a Petition. Even if both spouses want the divorce, only one spouse can be the petitioner.

----------------

Respondent is the other spouse.

----------------

Contested: A divorce is contested when the spouses don’t agree about getting the divorce, dividing property and debts, or what to do about child support and custody.

----------------

Uncontested: Either the divorce is agreed (both parties agree on all the issues) or default (the respondent does not file an Answer).

----------------

Uncontested Docket is the court that hears divorce cases when the case is either an agreed (uncontested) or a default divorce.

----------------

Petition: This is the form the petitioner files to

ask the court for a divorce.

----------------

Decree: This is the form that the judge signs to grant the divorce. A divorce decree says who keeps what property and who pays what debts.

In a divorce involving children, a divorce decree says which parent pays child support and provides health insurance. The decree also says when the child can visit a parent and which parent makes certain decisions about the child.

A divorce decree can include other orders, such

as spousal support.

----------------

File: Giving legal papers to the courthouse clerk. There is usually a fee to file a petition, have a citation issued, or to have copies made.

----------------

Official Process Server: A constable, sheriff, or private process server who delivers court papers and files notice that the delivery was made in the Clerk’s Office. There is a fee for Official Process Service. If your spouse lives or is jailed in another county, learn who provides Official process Service in your spouse’s county by asking the Clerk’s Office of that county. Contact information for Texas clerk’s offices can be found at http://www.txlaw.org/clerks.html.

Texas Divorce Brochure © Partnership for Legal Access 12/14/09

Page 8 of 9

If my spouse and I do not own any property together, do we still have to fill out the property and debt sections on the Decree of Divorce form?

Yes. Anything you or your spouse purchased during your marriage, even if it was purchased after you separated, is community property. Any debts you or your spouse incurred during your marriage, even if they were incurred after you separated, are community debts. Answer each section carefully so you will be able to keep any property that belongs to you.

If my spouse filed an Answer, but later agrees to sign the Decree of Divorce, can I still go to an Uncontested Docket?

Yes, if your spouse has signed the Decree of Divorce.

How much will child support be?

In most cases, the court uses a special formula to calculate child support. This is called Guideline support. Usually, the supporting parent pays the following amounts to the parent with whom the children live most of the time.

For help calculating child support you can use the child support calculator at www.TexasLawHelp.org.

number of

Percent of Supporting

Children*

Parent’s Income After Taxes

1 child

= 20%

2 children

= 25%

3 children

= 30%

4 children

= 35%

5 children

= 40%

*Important Note:

The formula is different if the supporting parent also has children with someone else. Use the child support calculator at www.TexasLawHelp.org or talk to a lawyer.

The Court can order a child support amount different from guideline support if the Court determines that amount to be in the best interest of the child.

Where do I send my child support payments?

The State Disbursement Unit, P.O. Box 659791, San Antonio, Texas, 78265-9791.

Can child support be paid directly to the other parent?

No. Unless the court orders otherwise, all child support payments must be sent to the State Disbursement Unit, P.O. Box 659791, San Antonio, Texas, 78265-9791.

What if I already have court orders regarding my children?

If there is a final court order for the custody and support of your children and you are not asking to change that order, you can file your divorce using the Divorce No Children forms at www.TexasLawHelp.org. When you fill out your Original Petition for Divorce include information about your children and your current custody and support order. You must attach a copy of your current custody and support order to your Decree of Divorce.

If there is a final order for the custody and support of your children and you do want to change those orders talk to a lawyer

Texas Divorce Brochure © Partnership for Legal Access 12/14/09

Page 9 of 9

The Uncontested Divorce

Process in Texas

With Children under

18 years old.

Petition

There should be

11forms

In this packet:

1.

Original Petition for Divorce (8 Pages).

2.

Exhibit: Out of State Party Affidavit (3 pages).

Respondent’s Forms

3.Waiver of Service (2 Pages).

4.Answer (2 Pages).

Final Decree

5. Final Decree of Divorce (8 Pages).

Parenting Plan Exhibits

6.Exhibit Conservatorship (Custody), Rights and Duties Order (3 Pages).

7.Exhibit Possession and Access (Visitation) Order (6 Pages).

8.Exhibit Child Support Order (3 Pages).

9.Exhibit Medical Support Order (3 Pages).

10.Exhibit Family Information (3 Pages).

11.Employer’s Order to Withhold Earnings for Child Support (3 Pages).

11/2/2011

Click for PDF

Form Information

Fact Name Description
Eligibility Criteria To use the uncontested divorce forms in Texas, at least one spouse must have lived in Texas for the last 6 months. Additionally, the divorce cannot be contested, the wife cannot be pregnant, and there must not be a pending bankruptcy.
Types of Uncontested Divorce An uncontested divorce can be classified as either 'agreed'—where both spouses agree on all issues—or 'default'—where one spouse does not respond after being served with divorce papers.
Waiting Period In most cases, there is a mandatory waiting period of at least 61 days after filing the Original Petition for Divorce before the divorce can be finalized. This period may be waived in cases of domestic violence.
Legal Notice Requirements Legal notice must be given to the other spouse, which can be done through methods such as Waiver of Citation, Official Service in Person, or by Mail. Proof of notice must be filed with the court.

Detailed Guide for Filling Out Texas Divorce

Filling out the Texas Divorce form is a crucial step in the divorce process. After completing the form, you will need to file it with the appropriate court and follow specific procedures to finalize your divorce. Below are the steps to guide you through filling out the Texas Divorce form.

  1. Obtain the Original Petition for Divorce form from www.TexasLawHelp.org.
  2. Fill out the form with the required information, including your name, your spouse's name, and details about your marriage.
  3. Make two copies of your completed Original Petition for Divorce.
  4. Take the original and the two copies to the courthouse. File the Original Petition for Divorce with the District Clerk’s Office.
  5. Pay the filing fee, which is typically between $250 and $300. If you cannot afford this fee, file an Affidavit of Inability to Pay Costs to request a waiver.
  6. After filing, the clerk will stamp your papers and assign a cause number. Keep one copy for your records and the other to serve your spouse.
  7. Give your spouse legal notice of the divorce by using one of the approved methods, such as a Waiver of Citation or Official Service.
  8. Wait for the required waiting periods to pass before proceeding with your divorce.
  9. Determine if your case is contested or uncontested based on your spouse's response.
  10. Call the District Clerk’s Office to find out when uncontested divorce cases are heard in your county.
  11. Fill out your Decree of Divorce, which outlines the terms of your divorce.
  12. On the court date, bring all necessary paperwork, including the Original Petition, Waiver of Citation or Answer, and the Decree of Divorce.
  13. After the judge signs the Decree of Divorce, file it with the District Clerk’s Office to finalize your divorce.

Obtain Answers on Texas Divorce

  1. What is an uncontested divorce in Texas?

    An uncontested divorce occurs when both spouses agree on all aspects of the divorce, including the division of property, debts, and any arrangements regarding children. This agreement can simplify the process, making it quicker and less stressful. In contrast, a contested divorce arises when spouses disagree on one or more issues, requiring court intervention to resolve these disputes.

  2. What forms do I need to file for an uncontested divorce?

    You will need to choose the appropriate form packet from TexasLawHelp.org. If you do not have children, select the "Divorce without Children" forms. If you have children under 18, use the "Divorce with Children" forms. If you have existing court orders regarding custody and support and are not seeking changes, you can use the "Divorce without Children" forms but must attach copies of the current orders.

  3. How long does the divorce process take in Texas?

  4. Do I need a lawyer to file for divorce?

  5. What happens if my spouse does not respond to the divorce filing?

    If your spouse does not respond after being served with the divorce paperwork, you may proceed with a default divorce. This means you can finalize the divorce without their participation. To do this, you will need to follow specific steps outlined in the "Default Judgment Kit" available on TexasLawHelp.org. This kit provides instructions and forms necessary to complete the process.

Common mistakes

Filling out the Texas Divorce form can seem straightforward, but many people make common mistakes that can complicate the process. One of the most frequent errors is not confirming whether the divorce is contested or uncontested. If you and your spouse disagree on any issues, such as property division or child custody, your divorce is contested, and these forms are not appropriate for your situation. Always double-check your circumstances before proceeding.

Another mistake involves the residency requirement. To file for divorce in Texas, either you or your spouse must have lived in the state for at least six months. Failing to meet this requirement can lead to delays or even dismissal of your case. It’s essential to ensure that you have established residency before filing.

People often overlook the importance of legal notice. After filing your Original Petition for Divorce, you must notify your spouse. This step is crucial, as the court requires proof that your spouse received legal notice. Choosing the wrong method of service can cause complications. Make sure to select the correct method based on your spouse’s situation, whether it’s through a Waiver of Citation or Official Service.

Additionally, many individuals do not account for the necessary waiting periods. In Texas, there is a mandatory waiting period of at least 61 days after filing the petition before you can finalize your divorce. Some may think they can expedite this process, but ignoring this requirement can lead to further delays.

Another common error is neglecting to include all necessary documents when going to court. For an uncontested divorce, you should bring your Original Petition, any signed Waiver of Citation or Answer, and your Decree of Divorce. Forgetting even one document can result in having to return to court later, prolonging the process.

Many people also fail to consider the implications of their Decree of Divorce. This document outlines who gets what property and how debts will be paid. If you do not fill it out correctly or include all necessary information, it can lead to disputes later on. It’s advisable to have a lawyer review this document to ensure everything is in order.

Moreover, some individuals mistakenly believe they do not need a lawyer at all. While it is possible to file for divorce without legal representation, having a lawyer can provide essential guidance and help avoid costly mistakes. If you’re unsure about the process or have complex issues to resolve, consulting with a legal professional is wise.

Lastly, people often underestimate the importance of understanding their legal rights. Before filing, it’s beneficial to familiarize yourself with the laws surrounding divorce in Texas. This knowledge can empower you to make informed decisions and avoid pitfalls that could negatively impact your future.

Documents used along the form

When navigating the divorce process in Texas, several forms and documents are essential in addition to the Texas Divorce form. Understanding these documents can help ensure a smoother transition through this challenging time.

  • Affidavit of Inability to Pay Costs: This form is crucial for individuals who cannot afford the court filing fees. It provides the court with information about your income and assets and requests a waiver of the fees associated with filing for divorce.
  • Waiver of Citation: If both spouses agree on the divorce terms, this document allows one spouse to waive the right to receive formal legal notice of the divorce proceedings. By signing this waiver, the spouse acknowledges awareness of the divorce and consents to the process without further notice.
  • Decree of Divorce: This is the final document that the judge signs, officially ending the marriage. It outlines the terms of the divorce, including property division, child custody, and support arrangements, ensuring both parties understand their rights and responsibilities.
  • Default Judgment Kit: If one spouse does not respond to the divorce petition, this kit provides instructions on how to proceed with obtaining a final judgment without their participation. It includes necessary forms and a checklist to guide you through the process.

Each of these documents plays a vital role in the divorce process, helping to clarify responsibilities and streamline legal proceedings. Familiarizing yourself with them can make a significant difference in how effectively you navigate this life change.

Similar forms

When navigating the Texas divorce process, it's helpful to understand how the Texas Divorce form relates to other legal documents. Here’s a look at eight documents that share similarities with the Texas Divorce form, along with a brief explanation of each:

  • Separation Agreement: Like the Texas Divorce form, a separation agreement outlines the terms of a couple's separation, including property division and support arrangements. Both documents aim to clarify rights and responsibilities.
  • Child Custody Agreement: This document focuses on the custody and visitation arrangements for children, similar to how the Texas Divorce form addresses child-related issues during the divorce process.
  • Petition for Modification: If circumstances change after a divorce, a Petition for Modification allows individuals to request changes to existing court orders, much like the Texas Divorce form initiates changes in marital status and responsibilities.
  • Default Judgment Kit: This kit is used when one spouse does not respond to divorce proceedings. It parallels the Texas Divorce form by providing a process to finalize a divorce when there’s no contest.
  • Affidavit of Inability to Pay Costs: This document can be filed alongside the Texas Divorce form to request a waiver of court fees, ensuring that financial constraints do not hinder access to the legal system.
  • Waiver of Citation: This form allows a spouse to waive their right to be formally served with divorce papers, similar to how the Texas Divorce form sets the stage for legal notifications and proceedings.
  • Information on Suit Affecting the Family Relationship: This form is often required in divorce cases to provide the court with relevant family information, just as the Texas Divorce form provides essential details about the marriage.
  • Military Servicemember’s Affidavit: For military families, this affidavit ensures compliance with the Servicemembers Civil Relief Act during divorce proceedings, mirroring the protective elements found in the Texas Divorce form.

Understanding these documents can empower individuals going through a divorce in Texas, helping them navigate the process more confidently and effectively.

Dos and Don'ts

When filling out the Texas Divorce form, it's essential to approach the process carefully to ensure everything is completed correctly. Here’s a list of what you should and shouldn’t do:

  • Do ensure that your divorce is uncontested before using the forms.
  • Do confirm that you or your spouse has lived in Texas for the last six months.
  • Do file your divorce in the county where you or your spouse has lived for the last 90 days.
  • Do make copies of all documents you file for your records.
  • Do wait at least 61 days after filing your petition before finalizing your divorce.
  • Don’t use the forms if your spouse is pregnant.
  • Don’t proceed without legal advice if your case involves complicated issues like property division or spousal support.
  • Don’t assume that the court staff can provide legal advice or help you fill out forms.
  • Don’t forget to give legal notice to your spouse, as this is a crucial step in the process.

Misconceptions

When it comes to Texas divorce forms, several misconceptions can lead to confusion and complications during the divorce process. Here are four common myths and the realities behind them:

  • All divorces can use the same forms. Many people believe that one set of divorce forms works for every situation. However, the forms available on TexasLawHelp.org are specifically designed for uncontested divorces only. If you and your spouse disagree on any issues, such as property division or child custody, you will need different forms and possibly legal assistance.
  • You can file for divorce if your spouse is pregnant. Some individuals think that pregnancy does not affect the divorce process. In Texas, courts typically will not finalize a divorce while the wife is pregnant, even if the baby is not the husband’s. The court waits until after the baby is born to ensure that custody and support arrangements can be included in the divorce decree.
  • Legal advice is not necessary if using forms from TexasLawHelp.org. Many assume that simply filling out the forms means they don’t need legal advice. While these forms can guide you through a basic uncontested divorce, it is always wise to consult a lawyer, especially if there are complex issues like property division or child custody at stake.
  • Filing fees are the same for everyone. Some people believe that all individuals pay the same filing fees when submitting divorce paperwork. In reality, the fee typically ranges from $250 to $300, and if you cannot afford this fee, you can file an Affidavit of Inability to Pay Costs to request a waiver. This allows the court to consider your financial situation before imposing fees.

Understanding these misconceptions can help you navigate the divorce process more effectively and avoid potential pitfalls. Always consider seeking professional guidance when dealing with legal matters.

Key takeaways

Key Takeaways for Filling Out and Using the Texas Divorce Form:

  1. Ensure your divorce is uncontested before using the forms from www.TexasLawHelp.org. A contested divorce involves disagreements on property, debts, or child custody.
  2. Both you and your spouse must have lived in Texas for at least the last six months to file for divorce in the state.
  3. Wait until after the wife gives birth to finalize the divorce if she is pregnant, as courts will not finalize the divorce until after the baby is born.
  4. Consider consulting a lawyer, especially if you have complex issues like spousal support or property division. Legal advice can help protect your rights.
  5. Choose the correct form packet based on whether you have children. Use "Divorce without Children" forms if there are no minor children involved.
  6. File your Original Petition for Divorce at the District Clerk’s Office and pay the filing fee. If you cannot afford the fee, file an Affidavit of Inability to Pay Costs.
  7. Provide legal notice to your spouse using one of the four methods outlined in the instructions. This step is crucial for the court to proceed with your case.
  8. Be aware of the waiting periods: typically, a 61-day waiting period applies before finalizing the divorce, along with additional waiting times depending on how your spouse was served.
  9. After completing all steps, including court appearances, file your signed Decree of Divorce with the District Clerk’s Office to finalize the divorce.