SIMPLIFYING YOUR DIVORCE

Which Texas Divorce Forms Will You Need?

Texas organizes its self-help divorce forms into lettered sets based on your situation: Set A (opposite-sex, no minor children), Set D (same-sex, no minor children), and Set B (with minor children). The forms below describe what each document does. Which ones apply depends on whether you have children, whether your spouse agrees, and your county's local rules — so read each description for what it is used for rather than as a checklist for your case.

Starting the Case

• Original Petition for Divorce [Set A] — FM-DivA-100
  Petitioner files this to start a divorce — opposite-sex couples with no minor children.

• Original Petition for Divorce [Set D] — FM-DivD-100
  Petitioner files this to start a divorce — same-sex couples with no minor children.

• Original Petition for Divorce [Set B] — FM-DivB-100
  Petitioner files this to start a divorce — couples with minor children.

• Civil Case Information Sheet — PR-Gen-116
  Required cover sheet attached to every civil and family petition at filing.

• Information on Suit Affecting the Family Relationship (Excluding Adoptions) — VS-165
  Vital Statistics Unit reporting form required in all divorce cases.

• Statement of Inability to Afford Payment of Court Costs — CB-CFFW-100
  Bilingual (English/Spanish) form used to request a waiver of court filing fees.

Responding to the Case

• Waiver of Service Only [Set A/D] — FM-DivAD-103
  Respondent uses this to waive formal service in no-children cases (common in agreed divorces).

• Waiver of Service Only [Set B] — FM-DivB-103
  Respondent uses this to waive formal service in cases with children (agreed divorces).

• Respondent's Original Answer [Set A/D] — FM-DivAD-102
  Respondent's answer in no-children cases; required if the respondent wants to participate.

• Respondent's Original Answer [Set B] — FM-DivB-102
  Respondent's answer in cases with children.

• Respondent's Original Answer and Counter-Petition for Divorce [Set C]
  Used when the respondent answers and files their own counter-petition (contested or cross-filing situations).

• Certificate of Last Known Mailing Address — PR-DJ-110
  Required in default divorce proceedings.

• Military Status Declaration — PR-DJ-112 / Military Status Affidavit — PR-DJ-111
  Certifies the respondent's military status; required before a default can be entered under the Servicemembers Civil Relief Act.

Financial & Disclosure

Texas does not use a single statewide financial disclosure form. An inventory and appraisement of property may be required when the court or a party requests it, rather than automatically. Note also that the Required Initial Disclosures rule was eliminated for family law cases filed after September 1, 2023 — discovery now follows Texas Family Code Chapter 301. Because there is no standard self-help disclosure form, this category is handled through court orders or party requests rather than a fixed document.

Forms for Divorces With Children

• Standard Possession Order — FM-Chil-306
  Sets the child possession and visitation schedule that is incorporated into the decree when children are involved.

• Income Withholding for Support — FM-IW-200
  Employer wage withholding order for child support; required in all Texas child support orders.

• Low-Income Child Support Guidelines Handout — FM-CS-800
  Reference chart for child support when the paying parent's net resources are under $1,000/month.

Settlement or Separation Agreement

Texas does not have a statewide marital settlement agreement form, and it does not recognize legal separation as a status. Instead, parties typically draft the terms directly into the Final Decree of Divorce, which serves as the agreed settlement once both spouses sign. QDROs used to divide retirement accounts are not covered by the self-help forms and generally require attorney or specialist drafting.

Finalizing Your Case

• Final Decree of Divorce [Set A] — FM-DivA-201
  Final order ending the marriage and dividing property — opposite-sex couples, no children.

• Final Decree of Divorce [Set D] — FM-DivD-201
  Final order ending the marriage and dividing property — same-sex couples, no children.

• Final Decree of Divorce [Set B] — FM-DivB-201
  Final order ending the marriage, dividing property, and establishing custody and support — cases with children (updated in 2025 for legislative changes).

• Affidavit for Prove-Up of Agreed Divorce Without Children — FM-DivA-600
  Written sworn testimony that can substitute for a live court appearance in agreed no-children cases.

• Affidavit for Prove-Up of Agreed Divorce With Children — FM-DivB-600
  Written sworn testimony that can substitute for a live court appearance in agreed cases with children.

• Order Restoring Name Used Before Marriage — FM-NC-215
  Name change order attached to the decree when the petitioner requests restoration of a former name.

Where to Get Texas Divorce Forms

Texas divorce papers are available free from several official sources, plus paid services that prepare them for you.

Official State Courts Site

The Texas Judicial Branch publishes statewide court forms at txcourts.gov/forms under the Family section.

Texas Legal Aid / Self-Help Portal

The primary official forms hub is TexasLawHelp.org, operated by the Texas Legal Services Center and funded by the Texas Access to Justice Commission. This is where the lettered form sets (A, B, D) live, with guided interviews and instructions.

County Clerk / District Clerk

You file with the district clerk in your county. Local rules vary widely — some counties require local cover sheets, e-filing, parenting classes, or mediation — so check your specific district clerk's local rules.

Online Divorce Services

Services like Divorce.com prepare your Texas forms for you based on your answers, so you do not have to figure out which set applies or fill them in by hand.

Hire an Attorney

For contested cases, complex property, or retirement division (QDROs), an attorney can prepare and file the documents and represent you in court.

The Texas Divorce Process

1. Confirm Residency

At least one spouse must have lived in Texas for 6 months and in the filing county for 90 days. Either spouse can satisfy these requirements. A military exception allows time stationed outside Texas to count when Texas is the home state.

2. File the Petition

The petitioner files the Original Petition for Divorce (the set matching their situation) along with the Civil Case Information Sheet and the VS-165, and pays the filing fee or files the fee-waiver form.

3. Serve or Waive Service

The other spouse is formally served, or signs a Waiver of Service if the divorce is agreed. The respondent may file an Answer (and, if applicable, a Counter-Petition).

4. Exchange Information

There is no automatic statewide financial disclosure form. Discovery follows Texas Family Code Chapter 301, and an inventory and appraisement may be required if the court or a party requests it.

5. Observe the Waiting Period

Texas requires a minimum 60 days from the filing date before a divorce can be finalized. This period may be waived if a spouse has been convicted of or received deferred adjudication for family violence against the petitioner or a household member, or if an active protective order or magistrate's emergency protection order is in place due to family violence during the marriage.

6. Final Hearing or Prove-Up

In agreed cases, a prove-up affidavit can substitute for a live appearance. Many counties also require a parenting course certificate before the final hearing in cases with children, and some require mediation before a contested final hearing can be set.

7. Decree & Certified Copies

The judge signs the Final Decree of Divorce, which ends the marriage and divides property. Request certified copies for your records and to update accounts, titles, and beneficiaries.

Texas-Specific Requirements You Should Know

Residency: 6 months in Texas and 90 days in the filing county; either spouse can meet these, with a military exception.

Property regime: Texas is a community property state. Property acquired during the marriage is generally divided between the spouses, and fault-based grounds can shift the allocation in favor of the "innocent spouse."

Grounds: Texas offers no-fault divorce on the ground of insupportability (irreconcilable differences), which requires no specific facts. Fault grounds — which can affect property division — include cruelty, adultery, abandonment (one year minimum), felony conviction (one year served, not proven on the petitioner's testimony alone), living apart (three years with no cohabitation), and confinement in a mental hospital (three years with little prospect of recovery).

Waiting period: A minimum of 60 days from filing, with the family-violence exceptions noted above.

Child support: Calculated as a percentage of net resources (not gross income): 20%/25%/30%/35%/40% for 1–5+ children, with a net resources cap of $11,700/month (effective September 1, 2025) and a separate lower schedule when net resources are $1,000/month or less. The official Texas Attorney General child support calculator is the tool for these estimates.

Common Mistakes to Avoid

Using the Wrong Form Set

Texas forms are split into Sets A, B, and D based on children and couple type. Filing the wrong set creates delays.

Miscounting the Residency or Waiting Period

Both the 6-month/90-day residency and the 60-day waiting period must be satisfied before a divorce can finalize. Filing too early can stall the case.

Skipping County-Specific Steps

Parenting classes, mediation, local cover sheets, and e-filing mandates vary by county. Missing a local requirement can prevent a final hearing from being set.

Overlooking Mandatory Child Support Forms

The Income Withholding for Support order is required in all Texas child support orders, not optional.

Assuming a Separate Settlement Form Exists

There is no statewide marital settlement agreement form — terms go into the Final Decree itself.

Handling Retirement Division Without Help

QDROs to divide retirement accounts are not part of the self-help forms and typically need specialist drafting.

How Divorce.com Can Help

Figuring out which Texas form set applies, meeting county-specific rules, and completing each document correctly takes time. Divorce.com guides you through a simple questionnaire and prepares your Texas divorce papers based on your answers, so you can file with confidence. Here is what you get:

• Completed, court-ready Texas forms matched to your situation

• Plain-language instructions for filing, serving, and finalizing

• Help avoiding the form-set and county-rule mistakes that cause delays

• An affordable, online alternative to hourly attorney fees for uncontested cases