Texas Divorce Forms

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Types of Divorce Forms

Generally speaking, there are 3 types of Texas divorce forms (1) free do-it-yourself divorce forms; (2) uncontested divorce forms ($299); and (3) attorney assisted divorce forms ($1000s).

If money is not an issue, the attorney assisted divorce is preferred. If you have divorce experience, the free DIY forms may be sufficient, but you have to spend about an hour filling in blanks...you can see examples below. Between the two extremes (free vs expensive) you have uncontested divorce form providers filling the void and becoming the most popular option. Uncontested/personalized divorce forms are popular because they are prepared by someone with knowledge of the divorce process and delivered ready to sign and file. For a couple hundred dollars, your divorce papers are prepared for you based on your responses to an online interview and then you download your personalized forms along with step-by-step instructions on how to use them. By using uncontested divorce forms, you can complete your divorce without hiring an attorney.

Uncontested Divorce Forms

For $299 you can create your personalized divorce forms today. You'll complete a short interview where you'll provide information about yourself, your spouse, your kids (if applicable) and the desired terms of the divorce. Your personalized divorce kit will include all of the required forms and corresponding instructions. By using uncontested divorce forms you can complete your own divorce without an attorney...simply print, sign, and file.
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Free Texas Divorce Forms

If you decide that you don't need any help and would like to go at this alone, the forms below are viable option for you. This is only a good idea if you have a lot of time to figure things out, otherwise see "Uncontested Divorce Forms" above.

Free Divorce Kit (No Children)
Free Divorce Kit (Children)
Free Divorce Kit (No Children; No Real Estate)
Free Divorce Settlement Agreement
Affidavit of Inability to Pay Court Costs
Waiver of Service (No Children)
Waiver of Service (Children)
Respondent's Answer (No Children)
Respondent's Answer (Children)

Attorney Assisted Divorce

If you want help throughout the process or just don't want to use do-it-yourself Texas divorce forms, we recommend hiring a local divorce lawyer. This is a must if you have a contested divorce in Texas. A contested divorce is one where the spouses will NOT agree on the terms of the divorce. In other words, the spouses will submit arguments to the court and let the court decide what the terms of the divorce should be.

Uncontested Divorce Forms

New Price
$399
4 Easy Steps!
Easier than I anticipated!
Kristen G.

Am I Eligible?

An uncontested divorce in Texas is an option if:

  1. both spouses will agree to the terms of the divorce; &
  2. one spouse has lived in Texas for at least six months.
CHECK ELIGIBILITY

Comments 109

    1. Post
      Author

      Yes, you are referring to the free divorce forms above (the ones where you download the PDF and fill in the blanks). They were published in September of 2015 and they are still up to date as of May 2017. We now offer personalized divorce forms (also above) so you can bypass the confusion associated with the free forms. To use our forms you’ll simply complete an interview, download your personalized Texas divorce forms (and related instructions), print, sign, and file.

      1. How do I do this? I’m confused and I have never done this before. It’s a Sam sex marriage. I’m disabled and really dont have any money for this. She isn’t contesting it. But she told me Iim the one that needs to file it. Please help

  1. My wife originally was going to sign an uncontested divorce decree. She has since changed her mind. What do I do now? The judge can’t sign the divorce papers since she refuses to sign. What do I file now in Johnson County Texas?

    1. Post
      Author

      It sounds like your divorce is now contested. If true, you’ll want to hire an attorney to handle the future paperwork (and any hearings, mediation, and/or trial).

  2. If there is a substantial amount of money involved – but both parties agree to his and hers…. house, personal possessions -.. are there forms here I can use?

    1. Post
      Author

      Jenny,
      Yes, you can use uncontested divorce forms even when substantial assets are involved (unless there are complicating factors like retirement). Most divorce forms do not come with a QDRO (“Qualified Domestic Relations Order”) which is typically necessary to divide retirement.

        1. Post
          Author

          You can read more about QDROs. We do not know of a good form, if you locate one please reply with a link. An attorney is not technically necessary to get QDRO, but it would be recommended.

  3. Will these work if the divorce in uncontested but has agreed to pay me 1100.00 monthly until I ever remarry?

    1. Post
      Author

      Sure! The agreement to pay $1,100/month must be included in the divorce decree and signed by both spouses and the judge in order for it to be enforceable.

    1. Post
      Author

      The speed of the divorce depends on many things (i.e. the judge’s schedule, whether the divorce is contested or uncontested, etc). Generally speaking, an uncontested divorce in Texas can be completed like this: (1) file petition (1 day); (2) wait 60 days for statutory cooling off period; (3) during this cooling off period, you would provide notice of the divorce to your spouse and get the divorce decree agreed to and signed by both spouses; (4) present fully executed divorce decree to the judge for signature (each judge has a different schedule on when he/she will sign uncontested divorce forms, but it will always be fairly soon after the 60 day cooling off period). An uncontested divorce is MUCH quicker because you do not need to wait for a trial date to get the judge to sign the decree which can be years after filing the petition.

  4. I retired from one company and I am receiving a monthly retirement check. I still have a funded supplemental retirement account that I know will have to be addressed, as well as the retirement that I am building with the company i am currently with. But, will the retirement income I am receiving from my previous company be affected and require additional paperwork or an attorney to resolve?

    1. Post
      Author
  5. my husband is active duty military and we are residents of Texas but he currently stationed in South Carolina. I moved back to Texas in March. We have children and he has agreed to child support and spousal maintance. How do I file for that or who can I talk to.

    1. Post
      Author

      It sounds like Texas courts will have jurisdiction to grant your divorce. If you need to speak with someone, you can reach out to local attorneys and request a consultation or submit one or more questions (no charge) through Avvo.com and see if any attorneys will respond (they often do).

  6. I can’t find my husband. I haven’t been able to get in contact with him for five years now. I tried getting in touch with his family and had no luck. Can I still file an uncontested divorce?

    1. Post
      Author

      It is possible to have an uncontested divorce even if you can’t find your spouse. The problem is going to be proving that you gave your spouse notice of the divorce since you can find your spouse. There are statutes that must be followed in connection with giving notice of the divorce and some of which address the situation you are in where you can’t locate your spouse. Once you have given proper/legal notice (and proved that you have done so), the judge can sign the divorce decree without your spouse’s signature unless your spouse files an answer. If your spouse files an answer, the judge will want to see a fully executed decree signed by both spouses. Generally, it is best to have an attorney help give proper notice (and prove it to the court).

  7. My husband an I have both agreed about the divorce. He works a lot and can’t get away to go file his answer. Can I file it for him?

    1. Post
      Author

      Anyone can physically file an answer on behalf of the Respondent. Filing a divorce document (like an answer) is as simple as giving the document to the district clerk. Some counties will ask that you e-file documents, so that may force you to scan and file through an e-filing service. If you file the old fashion way (a paper copy filed with the district clerk), you’ll want to bring a copy so they can file-mark the copy for your records.

  8. My husband is hot and cold on agreeing to an uncontested yet also has removed my name from all monetary accounts (assuming truth was told about having added me to begin with) & confiscated all cards to prevent me from hiring a lawyer; all the light end of the bs spectrum (like my recent concussion and loss of 2 teeth). How would I go about getting a divorce if I have no guarantee of finances to hire a lawyer, no income (employment has been discouraged for the last 7yrs), & no guarantee he’ll actually sign?

    1. Post
      Author
    1. Post
      Author

      The free forms provided by the state are not viable if there is a an existing child support order. You should contact some of the divorce form companies to see if you can use their divorce forms in light of the existing child support order.

    1. Post
      Author

      If the forms you are using have a notary block, then you should probably get them notarized. I can only think of two forms that would need a notary (1) the waiver of service aka waiver of citation; and (2) and affidavit of inability to pay filling fee.

        1. Post
          Author
  9. My husband just asked me for a divorce stating he isnt happy anymore. I am permanently disabled and we have a house in his name but acquired during the marriage. I am seeking spousal support and half the equity of the house. Do i need to talk to a lwyer or can i just use documents from the courthouse?

    1. Post
      Author

      You should always talk to lawyer, if possible. DIY divorce forms are good when the terms of the divorce are agreed to by both spouses (as evidenced by signatures on the divorce decree). The decree is where the terms of the divorce are outlined (i.e. spousal support, equity in home, etc.)

  10. I don’t have money for a lawyer so I’m trying to do this without involving one. I don’t know where he is and we have not been in contact for over a year. Im afraid to even look for him, so can I have him served? How does that work?

    1. Post
      Author

      You’ll need to get him personally served (i.e. by the constable) or have the court approve an alternate method of service. The latter would probably require an attorney.

  11. I need to obtain a copy of my divorce papers from Victoria Texas since my now ex husband refused to send me a copy or even let me know we are divorced.. Document number is. 13-11-75652-D Santiago Cardoso/Karen Cardoso.

    Can anyone help me obtain a copy?
    I live in Ohio..

    1. Post
      Author

      You’ll need to call the Victoria County District Clerk (361) 575-0581 and ask how to obtain the copies you want.

  12. On my marriage license I put that I wanted to have my name changed however I never got the chance to have it done, so my license and social have my maiden name. When I file will I put my married name or my maiden?

    1. Post
      Author

      You will use your married name in the petition for divorce and ask that your name be changed back to your maiden name. Since you never updated your license or the social security office, you will have less work to do after your name is changed back.

  13. My divorce is uncontested, but I want it filed With Cause, Fault Based. Can I still use the Uncontested Form?

    1. Post
      Author

      Most uncontested divorce form providers use the standard no-fault language. You can ask if there forms can be modified to allege one of the fault reasons.

    1. Post
      Author
  14. I’m filing for divorce from my wife. We are civil. It’s uncontested, we have no children, and basically the only thing of value either one of us have is each other’s cars. We just want it to be over with. She doesn’t want anything from me and vice versa, this SHOULD be a fairly simple process correct?

    1. Post
      Author
  15. My husband and i have no kids together nor anything else. We just want a uncontested divorce. What forms do i need and how much will it cost me to file?

    1. Post
      Author

      Take a look at these Divorce Form Reviews and pick one of the top divorce form providers. They charge $150 – $300 to prepare all of the necessary documentation for you and instructions on how exactly to use the forms. You’ll still have to pay a filing fee of about $250 (depends on the county) to file the petition for divorce.

  16. My Fiance is currently serving a life sentence and he is currently married and needing to file for a divorce since he has been incarcerated for the last 11 years and his wife left him after 5 years. Am I able to print out forms and send it to him to start the process ?? He is in Huntsville Texas and they where married in Harris County in Houston Texas.

    1. Post
      Author
  17. My husband and I have been separated for months. We don’t have any property or kids together. He has agreed that the car we have in both of our names I can have. The problem now is that he said if I file for a divorce he isn’t willing to sign. What do I do? Do I really need a lawyer or can I do this on my own?

    1. Post
      Author

      You can file a divorce without a lawyer, but it sounds like your spouse is unwilling to make the divorce “agreed” by signing the decree. Perhaps he will not file an answer and you can your divorce “by default” after he fails to file an answer.

  18. If we have children together but agree on custody arrangements and child support that we figured out can we use the Uncontested Divorce form?

    1. Post
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    1. Post
      Author

      You can file for divorce despite your spouse being in Mexico. If he will agree (i.e. sign the decree), you may not even need an attorney.

  19. I am looking for paper’s for just a Divorce(no kids, no property) for Walker County, Huntsville, TX. can you point me in the right direction Please.

    1. Post
      Author
  20. I haven’t been in contact with my spouse for almost 8 years and I haven’t filed for divorce and I do not wish to speak to him nor have any way of communicating with him. What can I do?

    1. Post
      Author

      You’ll need to give him notice of the divorce filing. This can be accomplished many ways. You’ll want to speak with an attorney to make sure you give proper/legal notice and hopefully he will not file a response and you can get your divorce by default.

  21. I don’t see anything on here about a house we both own, does that have to be sold before this filed?
    our agreement is to sell and split the profit, where can I include that ?

    1. Post
      Author

      You can include the details of the arrangement (sell and split profit) in the divorce decree. You should be as specific as possible.

  22. My son filed no contest forms and also waiver from wife in Brownsville tx..he asked them what now he was told they don’t tell him what to do next…and he doesn’t know he paid 350…no one would help him is he contacted or what thanks..he has to get off work just to go downe there and that isn’t easy

    1. Post
      Author

      Generally speaking the petitioner (your son) will need to wait 60 days from the date the petition for divorce was filed and then present the court with a proper divorce decree that includes both spouses’ signatures at a “prove-up hearing”. Each county has a slightly different procedure for how they handle divorce proce-ups (some require that a hearing be set; others have uncontested dockets on certain days of the week or times of day). Your son will need to provide some testimony at the prove-up hearing. The divorce forms should have included this required testimony.

  23. Once the no contest papers are filled out, do we just go to the County Clerks’s Office and file? There really is no need for a lawyer.
    No kids, no property & we have agreed to leave each others retirement alone.

    1. Post
      Author

      Correct. An uncontested divorce can be pretty simple. There are still formalities that have to be met, but good divorce forms will help get you across the finish line.

    2. I bought a house with my VA loan before we were married. Shortly after we got married I had it refinanced in my name only again because it was with the VA Loan. She is not prior service, and her name is not on the New VA refinanced loan, nor has she made any payments from her personnel bank account on the loan. Can she legally fight for the house?

  24. My spouse has disappeared for going on three years. We connected for only a few months in 2015 but he has since then disappeared again. He has no social media presence and all his old numbers have been disconnected… I have reached out to various family members of his and no one will get me in touch with him. How am I supposed to get my divorce? I have already filed with the courts, over 60 days ago, but because I do not have an address to have him served, I cant have him sign a waiver of service… Any help/advice?

    This is Kaufman County TX and last place I knew him to be was Smith County, TX

    1. Post
      Author

      You’ll need to hire an attorney to file a motion for alternate service (i.e. perhaps to publish notice in the newspaper). If the judge grants the motion, you’ll then serve your spouse using the court approved alternative service mechanism. If your spouse fails to file an answer, you may be able to get the divorce by way of a no answer default judgment.

    1. Post
      Author

      Yes, the 60 day waiting period is mandatory unless there are extenuating circumstances (like the existence of domestic violence).

  25. I got married in Las Vegas, year 2008, married last 4 months and she no longer live in USA.
    How do I file a divorce in Texas and what is the process?

    1. Post
      Author

      Your spouse being located in the USA is not a requirement to get a divorce. You would file a petition for divorce in a state with jurisdiction. If you have lived in Texas for at least 6 months, Texas would have jurisdiction to grant your divorce. After filing in Texas, you will then need to give notice of the request for divorce to your spouse. After notice is given, your spouse will either (1) contest your request (contested divorce); (2) agree to the divorce (uncontested divorce); or (3) fail to contest/respond to the divorce (divorce by default judgment). You will need an attorney to navigate the divorce process unless your spouse agrees to the divorce (and you have an uncontested divorce).

  26. My wife filed for divorce, and I filed an uncontested answer, now she does not want to comply and do her part to finalize the divorce, what forms can I use to make sure the divorce goes final, as this has been an ongoing battle since May. We have no property and no children plus we have both moved away from the county the divorce was filed in.

    1. Post
      Author

      If your spouse is willing to sign the divorce decree, you can get her signature on the decree and present it to the court for signature to finalize the divorce.

  27. My wife and I were married in Mexcio. We are naturalized US citizens residing in Texas since 1997. Can we file for uncontested divorce in Texas?

    1. Post
      Author
  28. How do I find out what forms need to be filed with other forms. My son just left court and they wouldn’t sign off on the divorce because the parenting plan wasn’t part of the final decree. Is there somewhere that shows that forms go with what??

    1. Post
      Author
  29. My husband is unemployed. I don’t need him to pay for insurance or provide child support because I’m financially secure. Can I request that no child support be ordered?

  30. I want to file for divorce, the kids are both over 18 and we have agreed on the community property and how we will split. My question is, the mortgage. I am currently on this, she’s keeping the house and will remain responsible for payments. Can I still use the no kids and no real property forms? if not which.

  31. I filed uncontested with children and we’ve waited our 60 days. I just received our court date letter. Is there anything else for me the petitioner to do or just wait for the court date and bring final decree?

    1. Post
      Author

      Make sure you have filed the Waiver of Service or other proof that the Respondent was served. I would call the court and tell them you are “pro se” sounds like “pro say” and ask them to check the file and see if you are missing anything.

  32. Looking to do an uncontested divorce and my husband has already stated he will not fight me having primary custody. We just want to make it so that if we are living locally to one another that the time our daughter spends with each of us is as equal as possible (50/50 for the most part) but if the distance prevents than I take primary and he has the normal/textbook time with her (not sure what that is but holidays/occasional weekends whatever). We are both military members who will PCS this year. We do NOT have property to fight over. We have already willingly split what we own and we don’t have any homes/property/investments. Do we sound like good candidates for the personalized divorce kit? or should we get a mediator/lawyer to ensure we don’t overlook something?

    We have been separated since October and I just want to get the process underway and complete but do not want to risk cutting corners nor do I want to spend a bunch of money on lawyer fees if I don’t have to.

    1. Post
      Author

      Our forms use the standard possession order. There is a visitation schedule that you follow if the spouses reside within 100 miles of each other and a different visitation schedule if the spouses live over 100 miles from each other. You appear to be a good candidate for uncontested divorce forms.

  33. Hello,
    I want to file for an uncontested same sex divorce. Am I supposed to use the forms found on this site? I noticed they say “wife,” which I do not see as applicable.

    Thanks.

    1. Post
      Author
  34. I am doing my own divorce, uncontested, however, I don’t know where to put the bills accumulated at. Would that go under property? Also, the truck he is getting is in both our names, how do I put it in the papers that I want my name off of It? Thank you for your time

    Shannan Graybeal

    1. Post
      Author

      The bills can be addressed in the “Debts” section of our forms. The truck would be addressed in the “Assets” section. In Texas, the Department of Transportation issues vehicle titles. So after the judge signs the decree, you’ll still need to get the title updated to reflect the terms of the decree.

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      Author
  35. What forms do i need if i had a child by someone else while married. I have been seperated 15 years now and i have proof he is not the father.

    1. Post
      Author

      I don’t believe anyone has do-it-yourself forms for the situation you are in. You’ll need to speak with a divorce attorney.

  36. It’s been 5 years since my spouse left and I have tried to look for my spouse without success can i divorce without my spouse’s signature or I’m stuck forever? I would like to move on please advise.
    Thanks

    1. Post
      Author

      You can get a divorce without your spouse’s signature, but you will want to hire an attorney to navigate the process.

  37. I want to file in Taylor county my wife lives somewhere in Michigan. We have been apart for over 10 years. We have 2 minor children ages 12 and 16. Our children live with my fatherin Washington state which is whereI’d like them to stay. Do the forms allow for this designation and can I do it on my own or willing haveto get an attorney involved? My kids want to stay where they are, can they make that choice? Also with the uncontested forms the $299, is that including the filing fee?

    1. Post
      Author

      With our forms, you can specify that kids shall continue to live where they are, but it would require a modification to the decree (our forms are delivered din Microsoft Word format, so you can edit as needed). The $299 doe not include the filing fee that still needs to be paid to the county with the petition is filed.

  38. I asked my husband for a divorce in May 2016 and he agreed, we filled out a marital separation agreement that laid out all the terms and financial matters and had this document witnessed and notarized in December 2016. It is now May 2018 and we are waiting for our son to graduate high school in June 2018 (he is already 18) so once that he is finished can I go ahead and use the uncontested divorce forms? We(my spouse and I) still have agreement to all terms both material and financial, but wanted to hold off so we would not have to deal with all things child support, custody, etc.

    1. Post
      Author

      Since you and your spouse are in agreement, uncontested divorce forms should be a viable option for you.

  39. I had a baby last year and my spouse is not the father. We are still legally married but have been separated for a few years now. We did a at home paternity test and the results came back saying he is not the father. I have court with the biological father next month to put him on child support. Can my spouse and I still go ahead with the divorce?

    1. Post
      Author

      You can get a divorce, but our divorce forms are not designed for this situation. You should hire an attorney to handle.

  40. I live in Texas Harris County and I’ve been with my girlfriend/common law wife for 14 years.Im still married but have been separated for 15 years we do have 2 children together 1 out of school and 1 a freshman that I pay child support to. We just want a divorce plain and simple no fighting over nothing.Am I able to do the free forms.

    1. Post
      Author
  41. My current spouse refuses to give me any information to find him or have him served. We both want a divorce but he wants to go against the orders set in place for the child. He cannot see her or have any information such as our address and such. I have contacted several individuals who know him, but none have an address or a place of employment for him. I want to file for Citation by Publication.
    Is that my only option and will my filing indigent give him a court appointed attorney because I cannot afford that. (Coryell County)

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      Author
  42. Where can I get waiver of service in spanish …my husband is willing to sign but he lives in Mexico and they need the papers in spanish

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      Author
  43. I was divorced last year. We both have agreed to have my son live with me now instead of his mother. What is the best way to go about having the custody and visitation, as well as the child support changed?

    1. Post
      Author

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