SIMPLIFYING YOUR DIVORCE

Which Texas Divorce Forms Will You Need?

Here's a guide to the divorce forms you'll likely need in Texas, what each one does, and when it comes into play.

Petition for Divorce

This form starts your divorce case. It tells the court basic information about your marriage and what you're requesting.

You'll:

• State your grounds for divorce (usually "insupportability" - Texas's no-fault option)

• Confirm Texas and county residency requirements

• Share whether you have children

• Request custody, support, or property division (if applicable)

• List preliminary information about assets and debts

The spouse who files this form is the petitioner. The other spouse is the respondent.

Citation

The citation is the official legal notice that must be served on your spouse. It informs them of the divorce action and explains:

• Their right to respond

• The deadline to file an answer (typically 10 a.m. on the Monday following 20 days after service)

• What happens if they don't respond

The clerk prepares this form when you file your petition.

Waiver of Service

If your spouse agrees to the divorce, they can sign this form to waive formal service by a constable or process server. This:

• Saves time and money ($75-$150 for formal service)

• Speeds up the process

• Shows cooperation between spouses

Only works if your spouse is willing to sign voluntarily.

Answer

The respondent uses this form to officially respond to the divorce petition. It mirrors the petition's structure and allows them to:

• Agree or disagree with statements in the petition

• Make their own requests to the court

• State their position on property, custody, and support

Not required if the respondent signs a Waiver of Service and agrees to all terms.

Inventory and Appraisement

Required when you have property or debts to divide. This detailed form lists:

• All community property (acquired during marriage)

• All separate property (owned before marriage or received as inheritance/gift)

• Real estate, vehicles, bank accounts, retirement accounts

• Credit cards, loans, mortgages, and other debts

• Current values and balances

Must be sworn and notarized. Both spouses typically file separate inventories.

Final Decree of Divorce

This is your divorce order. Once the judge signs it, you're legally divorced. It includes:

• Division of all property and debts

• Child custody arrangements (if applicable)

• Child support amounts (if applicable)

• Spousal support terms (if applicable)

• Name changes (if requested)

This is the most important document in your divorce file.

Forms for Divorces with Children

Suit Affecting the Parent-Child Relationship (SAPCR)

Required whenever minor children are involved. Addresses:

• Conservatorship (custody) arrangements

• Possession and access (visitation) schedules

• Child support obligations

• Decision-making authority

Parenting Plan

Details the specific custody and visitation arrangements, including:

• Regular visitation schedule

• Holiday and summer schedules

• Pick-up and drop-off logistics

• Decision-making responsibilities (medical, educational, etc.)

Child Support Review Process Information Sheet

Informs parents about:

• How child support is reviewed and modified

• When reviews can be requested

• Rights and responsibilities regarding support

Employer's Order to Withhold Income for Child Support

Ensures child support is automatically deducted from the paying parent's paycheck. Sent directly to the employer after the court orders support.

Child Support Worksheet

Calculates child support based on:

• Texas guideline percentages

• Both parents' net monthly income

• Number of children

• Health insurance costs

• Additional relevant expenses

Additional Common Forms

Standing Order

Many Texas counties have automatic standing orders that go into effect when you file. These temporary restrictions prevent either spouse from:

• Hiding or destroying property

• Withdrawing large sums of money

• Canceling insurance

• Removing children from Texas

You don't file this - it's automatically part of your case.

Agreed Final Decree

Used in uncontested divorces where both spouses agree on all terms. Both parties sign, and it's presented to the judge for approval. Streamlines the finalization process.

Waiver of Citation

Different from Waiver of Service. Used when the respondent wants to waive formal issuance of citation entirely. Less common than Waiver of Service.

Information on Suit Affecting the Family Relationship

Provides both parties with important information about their rights and responsibilities during the divorce process.

Where to Get Texas Divorce Forms

Texas Law Help

Provides free, court-approved forms at texaslawhelp.org. Forms available in English and Spanish. Good starting point, but you still need to know which forms apply to your situation.

County District Clerk's Office

Most Texas county clerk offices provide blank forms either free or for a small fee. Visit in person or check their website. Staff can tell you which forms are required but cannot help you complete them or provide legal advice.

Texas Courts Website

The Texas Office of Court Administration offers some standardized forms at txcourts.gov. Not all divorce forms are available here, but it's a good resource for basic documents.

Online Divorce Services

Divorce.com and similar services provide customized, completed forms based on your specific situation. You answer questions online, and the service generates properly filled-out documents.

Benefits:

• No guesswork about which forms you need

• All information filled in correctly

• Eliminates blank form confusion

• Much less expensive than an attorney

• All Texas requirements met

Legal Document Preparers

Professionals who help complete forms for a fee. They cannot provide legal advice or represent you in court, but they can ensure forms are filled out correctly.

Hire an Attorney

For complex or contested divorces, an attorney prepares all documents as part of their representation. Most expensive option but provides legal advice and court representation.

The Texas Divorce Process

Understanding the timeline helps manage expectations.

Step 1: File the Petition (Day 1)

Take your Petition for Divorce and Citation to the district clerk's office in the county where you or your spouse has lived for at least 90 days. You'll need:

• Original petition and citation

• Copies for your records and for your spouse

• Filing fee ($250-$350 depending on county)

• Valid photo ID

The clerk stamps your documents "filed" and assigns a case number.

Step 2: Serve Your Spouse

Texas law requires formal notification. Three options:

Waiver of Service - Fastest and cheapest if your spouse cooperates. They sign acknowledging receipt of papers.

Service by Constable/Sheriff - Costs $75-$125. Takes 1-2 weeks typically.

Private Process Server - Costs $50-$150. Often faster than constable service.

You cannot serve papers yourself. Must be done by someone over 18 who is not a party to the case.

Step 3: Wait 60 Days (Mandatory)

Texas requires a 60-day waiting period from the filing date before your divorce can be finalized. This cooling-off period:

• Applies to all divorces

• Cannot be waived (except in cases of family violence)

• Starts on filing date, not service date

• Gives time to complete paperwork and reach agreements

Step 4: Complete Additional Forms

During the waiting period:

• File Inventory and Appraisement

• Complete child-related forms (if applicable)

• Prepare agreed final decree

• Finalize settlement agreements

Step 5: Finalize the Divorce

For uncontested divorces, you may finalize without a formal hearing. If a hearing is required, it's typically brief. The judge:

• Verifies residency requirements

• Confirms the 60-day period has passed

• Reviews your agreement

• Asks basic questions

• Signs the Final Decree

Once signed, you're divorced immediately.

Step 6: Obtain Certified Copies

Get certified copies of your Final Decree from the clerk (typically $1-$5 per copy). You'll need these for:

• Changing your name on legal documents

• Updating Social Security records

• Modifying your driver's license

• Changing bank accounts

• Dividing retirement accounts

Texas-Specific Requirements You Should Know

The 60-Day Rule

Texas's mandatory 60-day waiting period is one of the longer waiting periods in the country. Plan accordingly - even if you and your spouse agree on everything immediately, you still have to wait.

Community Property

Texas is a community property state. Everything acquired during marriage is presumed to be community property owned 50/50, including:

• Income earned by either spouse

• Property purchased with marital income

• Retirement benefits earned during marriage

• Debts incurred during marriage

Exceptions (separate property):

• Property owned before marriage

• Inheritances and gifts received by one spouse

• Personal injury awards (except lost wages)

Residency Requirements

Strict requirements that must be met:

• 6 months in Texas before filing

• 90 days in the county before filing

If you don't meet these requirements, the court will dismiss your case.

Grounds for Divorce

Most people file on "insupportability" (no-fault). The marriage has become insupportable due to conflict with no reasonable expectation of reconciliation.

Texas also recognizes fault grounds (cruelty, adultery, abandonment, etc.), but these make the divorce more complicated and expensive. No-fault is simpler.

Common Mistakes to Avoid

Filing in the Wrong Court

Divorces are filed in district court, not county court. Make sure you're in the right place.

Incomplete Forms

Leaving blanks or missing required information causes delays. Court staff will reject incomplete forms.

Serving Papers Yourself

You cannot hand your spouse the papers personally. It must be done by a neutral third party.

Missing the Case Number

After your initial filing, every document must include your assigned case number. Missing this causes confusion and delays.

Not Making Copies

Always keep copies of everything you file. You'll need them for your records and reference.

Wrong Court Location

Filing in a county where neither spouse has lived for 90 days results in dismissal.

How Divorce.com Can Help

Even straightforward divorces involve a lot of paperwork. Missing a form, filling one out incorrectly, or not knowing what's required can delay your case by weeks or months.

Divorce.com takes the guesswork out:

• Answer simple questions online

• We generate all required Texas forms

• Documents customized to your situation

• No blanks to figure out

• No wondering if you're doing it right

• Flat fee - no surprises

We've helped thousands of Texas couples complete their divorce paperwork correctly the first time.