Contents
Form Example
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?
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 |
Page 2 of 9 |
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.
Page 3 of 9
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 |
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
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 |
Page 4 of 9 |
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 |
Page 5 of 9 |
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 |
Page 6 of 9 |
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 |
Page 7 of 9 |
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,
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,
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
More PDF Templates
Real Estate Agreement of Sale - Conditions surrounding property inspections and completion timelines emphasize due diligence obligations.
Sellers Permit Texas - Detailed reporting of sales tax helps support community services funded by taxes.
How to Expunge Your Record in Texas for Free - Petitioners must ensure notice is served to all identified agencies and entities.
Common mistakes
-
Not Understanding Contestation: Many individuals mistakenly use the uncontested divorce forms when their divorce is actually contested. If you and your spouse disagree on any issues, such as property division or child custody, these forms are not appropriate.
-
Incorrect Residency Information: Failing to confirm that either spouse has lived in Texas for the required six months can lead to the dismissal of the case. Always double-check residency requirements before filing.
-
Ignoring the Waiting Periods: Some people overlook the mandatory waiting periods. For most cases, a 61-day waiting period is required after filing the Original Petition for Divorce. Ignoring this can delay the process significantly.
-
Improper Legal Notice: Individuals often make mistakes in providing legal notice to their spouse. It’s crucial to follow the correct method of service, whether it’s by Waiver of Citation, Official Service, or another method. Incomplete or incorrect notice can jeopardize the divorce process.
-
Neglecting to File Necessary Documents: Failing to submit all required forms, such as the Decree of Divorce or the “Information on Suit Affecting the Family Relationship,” can result in delays or rejection of the case. Always ensure all paperwork is complete and filed correctly.
-
Not Seeking Legal Advice: Many people underestimate the complexity of divorce proceedings. While it’s possible to file without a lawyer, not consulting with one can lead to mistakes that affect your rights and future. Legal advice is particularly important if there are children or significant assets involved.
Key takeaways
Before using the Texas Divorce form, ensure that your situation qualifies for an uncontested divorce. This means both you and your spouse agree on all terms, including property division and child custody.
It's essential to file your divorce in the correct county courthouse where either you or your spouse has lived for the past 90 days. This is a crucial step to avoid delays.
Legal notice to your spouse is mandatory. You can notify them in several ways, including a Waiver of Citation or official service by a process server. Make sure to follow the legal notice requirements to avoid complications.
There is a waiting period of at least 61 days after filing your Original Petition for Divorce before your divorce can be finalized. This waiting period is in place to allow both parties time to consider the decision.
Consider consulting a lawyer, even for an uncontested divorce. Legal advice can help clarify your rights and responsibilities, especially regarding property division and child support.
Steps to Using Texas Divorce
Completing the Texas Divorce form is a crucial step in the process of obtaining an uncontested divorce. After filling out the necessary forms, the next steps involve notifying your spouse, waiting for the required periods, and ultimately finalizing your divorce in court. Below are the specific steps to guide you through filling out the Texas Divorce form.
- Begin by filling out the Original Petition for Divorce. This document informs the court and your spouse of your intention to seek a divorce.
- Create two copies of your completed Original Petition for Divorce for your records and for legal notice purposes.
- Proceed to file your Original Petition for Divorce. Take the original and both copies to the District Clerk’s Office at your local courthouse. Be prepared to pay a filing fee, typically ranging from $250 to $300. If you cannot afford the fee, file an Affidavit of Inability to Pay Costs to request a waiver.
- Once filed, you must provide your spouse with legal notice of the divorce proceedings. This can be done through various methods, including a Waiver of Citation, Official Service in Person or by Mail, or other approved methods detailed in the legal notice chart.
- After serving your spouse, wait for the required periods. Most cases involve a 61-day waiting period from the filing date before you can finalize your divorce. Be aware of additional waiting periods based on how your spouse was served.
- Determine whether your case is contested or uncontested based on your spouse’s response to the legal notice. If they file an answer and do not agree, your case is contested. If they do not respond, it is uncontested.
- Contact the District Clerk’s Office to find out when the court hears uncontested divorce cases. This varies by county.
- Fill out your Decree of Divorce, which outlines the terms of the divorce, including property division and child custody arrangements, if applicable.
- On the designated court date, appear in court with all necessary documents, including the Original Petition, Waiver of Citation or Answer, and the Decree of Divorce.
- Finally, file your signed decree in the District Clerk’s Office to officially finalize your divorce. Ensure all required forms, including the “Information on Suit Affecting the Family Relationship,” are submitted.