By Attorney Justin Sisemore
From filing to finalizing, the divorce papers Texas parties need to get officially divorced are many. In this blog we’ll discuss the common forms and divorce paperwork Texas residents (and non-residents for those who live out of state) need to be familiar with when getting a divorce and addressing custody issues in the state of Texas.
That being said, it’s important to keep in mind that it’s best to seek legal advice from a knowledgeable family law attorney when filling out and filing Texas divorce papers. Free divorce papers Texas residents (and non-residents) have access to are easy to find online. We include several links here, primarily found on the website TexasLawHelp divorce resources pages. But that doesn’t mean you should go it alone.
Depending on the specifics of your case, you may need to file additional paperwork related to your divorce or custody matter that we don’t reference here. Proceeding without legal advice could complicate your case and cause you to relinquish assets that would be rightfully yours or result in a less than favorable custody outcome.
Learn more about the pitfalls of a DIY divorce here.
Key Texas divorce papers and why you need them
Original Petition for Divorce
The Original Petition for Divorce is the document filed to start a divorce case. It is used to inform the judge that the original filer, labeled the “petitioner,” wants to divorce their spouse, labeled the “respondent.” It also states what the petitioner wants the judge to order in the Final Decree of Divorce regarding property division, child custody, child support and spousal support, among other requests.
There are different Original Petition for Divorce papers in Texas, depending on the circumstances of the parties involved. These include:
- Original Petition for Divorce with Minor Children (age 18 or under or over 18 and still in school)
- Original Petition for Divorce No Minor Children (Heterosexual Couple)
- Original Petition for Divorce No Minor Children (Same-Sex Couple)
The Supreme Court repealed the rule requiring this document, because the information required by the civil case information sheet (various details pertaining to the case) is now recorded in the state’s electronic filing system. However, if you are filing paper documents at the county clerk’s office, you may want to complete the form and bring it with you to expedite the process.
Exhibit: Out of State Party Declaration
If you, the other parent or any other party in your case resides outside of the state of Texas, you or the party in question will need to fill out this form.
Statement of Inability to Afford Payment of Court Costs or an Appeal Bond
If you cannot afford to pay the filing fee for your case, you will need to fill out and file this form.
Waiver of Service Form
If your spouse has agreed to waive service of your Original Petition for Divorce and you are providing them with a copy of the petition yourself, they will need to sign a Waiver of Service in front of a notary, make a copy for themselves, provide you a copy, then return the signed form to either you, your attorney or the county clerk’s office. There are two versions of this form:
- Waiver of Service Form (Divorce with Children/No Prior Orders)
- Waiver of Service Form (Divorce No Kids)
Respondent’s Original Answer Form
If the respondent doesn’t feel comfortable signing a Waiver of Service, the petitioner will have to formally serve him or her through a process server or constable. After service, the respondent to the Original Petition for Divorce needs to fill out this Original Answer form, provide a copy to their spouse and turn the form into the court where the petition was filed.
The court of record should be stamped on the copy of the petition provided with the Original Answer form. The respondent should only file this form if they agree that the case will be heard and decided in the state of Texas. There are two versions of this Texas divorce papers form:
- Respondent’s Original Answer Form (Divorce with Children)
- Respondent’s Original Answer Form (Divorce No Minor Children)
Final Decree of Divorce in Texas
You can’t finalize a divorce in Texas without filling out and signing your Final Decree of Divorce. The Final Decree details what the two parties agree to ask the judge to order regarding distribution of property, spousal maintenance, parenting plan and other matters pertaining to the divorce. Once the judge signs off on the Final Decree divorce papers in Texas, the divorce will be finalized.
Texas Standard Possession Order
If you and your spouse/your child’s other parent agree that Texas standard possession orders for child custody will work for your family, you and your child’s other parent will need to fill out the standard possession order form and file it with the court. If the standard possession orders won’t work for your family, your attorney can help you negotiate a possession schedule with the other party that works for you.
Income Withholding Form for Texas Child Support
If child support has been ordered in your case, the party paying child support will need to fill out and file the Texas divorce papers income withholding form with the court at the conclusion of your case, so that the Office of the Attorney General is able to properly withhold child support payments from the payor’s paystubs.
If child support has been ordered in your case, the party paying child support will need to fill out this form and submit it to the county clerk’s office in order to set up a child support account pertaining to the case and ensure that child support payments are recorded.
Information on Suit Affecting the Family Relationship Form
Parents are required to fill out and file this form for any lawsuit involving the parent child relationship (SAPCR), which asks for details specific to the parties and circumstances related to the case. The state also requires that the two-page form be printed double sided, with all information on one piece of paper.
Qualified Domestic Relations Order Form (QDRO)
If you and your spouse will be splitting any retirement accounts (other than IRAs), you will need to fill out a QDRO form, provide a copy to the court and submit it to the plan administrator. The employer or plan administrator of the retirement plan should be able to provide you with this form, or your attorney can draft a QDRO for you. Either way, it’s important to have an attorney review the form with you to ensure you’re not giving up your right to receive your fair share of money from retirement accounts.
IMPORTANT NOTE: The forms linked to above were current as of October 2024. Updated forms may become available in the future.
Other paperwork for divorces Texas residents may need to file
We can’t cover all of the forms you may need when filing divorce papers for Texas cases here. However, it’s important to keep in mind that other ancillary documents are required to legally transfer titles from one spouse to another, change names on property deeds and so on. This is true even with a straightforward, agreed/uncontested divorce.
Please keep in mind that once a divorce is finalized, property division is final, except in very limited circumstances. As such, it is critical to speak with an experienced divorce lawyer when finalizing the division of property pertaining to your divorce, among other matters.
If you live in North Texas and have questions about divorce, child custody or property division, the legal team at the Sisemore Law Firm is here to help. To schedule a confidential case review with our firm, contact our office at (817) 336-4444 or connect with us online.
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