Texas Divorce Forms

Generally speaking, there are 3 categories of Texas divorce forms (1) free do-it-yourself divorce forms; (2) uncontested divorce forms ($100s); 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.

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" below.
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)

Uncontested Divorce Forms

There are a handful of reputable divorce form providers that charge a few hundred dollars to create your personalized divorce forms. 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 a divorce form provider you can complete your own divorce without an attorney...simply print, sign, and file.

COMPARE THE TOP FORM PROVIDERS

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.

32 Comments
  1. Are these forms still active? Because I noticed those are from September 2015

    • 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.

  2. 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?

    • 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).

  3. 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?

    • 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.

      • How do you get tbe qdro form and is an attorney necessary to file it?

        • 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.

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

    • 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.

  5. Will This help speed up the divorce proceess

    • 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.

  6. 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?

  7. 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.

    • 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).

  8. 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?

    • 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).

  9. 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?

    • 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.

  10. 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?

    • Talk to an attorney. He/she may be able to get your spouse to pay your attorneys fees.

  11. If there is a active child support order in place and I need to file which forms would I use?

    • 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.

  12. Do I have to get these papers notarized before turning into the court?

    • 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.

  13. 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?

    • 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.)

  14. 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?

    • 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.

  15. 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..

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

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