Texas Divorce Forms

Types of Divorce Forms in Texas

There are three types/categories of Texas divorce forms:

  1. uncontested divorce forms (most popular);
  2. attorney assisted divorce forms (most expensive); and
  3. free do-it-yourself divorce forms (most challenging).

If money is not an issue, the attorney assisted divorce is the way to go. If you have experience navigating the divorce process, the free DIY divorce papers may be sufficient. Between the two extremes (free vs expensive) you have the most popular option: uncontested divorce forms.

Uncontested Divorce Forms

Uncontested divorce forms are popular in Texas because they are prepared by someone with knowledge of the divorce process and delivered ready to sign and file. An uncontested divorce is one where both spouses agree on the terms of the divorce. As such, uncontested divorce forms are also called agreed divorce forms.

For a couple hundred dollars, you can have a non-attorney divorce form specialist prepare your uncontested divorce papers for you based on your responses to an online interview. You'll then be able to download your personalized divorce papers along with step-by-step instructions on how to use them. In other words, you can complete your divorce without hiring an attorney but you are not completely on your own.

For uncontested divorce forms in Texas, we recommend Texas 2-Step Divorce. They prepare all of the necessary divorce papers for you and will make sure everything complies with Texas law. The divorce papers are straightforward, easy to use and inexpensive.

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.  In this case, you should hire a Texas divorce lawyer to represent you.

Here are some Texas divorce attorneys that have excellent reviews:

Free Texas Divorce Forms

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

What forms do I need to file for divorce in Texas?

In Texas, a divorce can be granted with as little as three (3) documents:

  • Petition for Divorce (Petition) - This document is used to initiate the divorce. The spouse that files the petition is called the "Petitioner").
  • Waiver of Service (Waiver) - The Petitioner must give formal notice of the request for divorce to the other spouse (the "Respondent"). Once a copy of the Petition is delivered to the Respondent, the Respondent will typically sign a Waiver indicating to the court that they received notice of the divorce (and a court's deputy does not need to "serve" a copy of the Petition on them).
  • Answer - The Respondent can file a response to the Petition or what is called an Answer. The filing of an Answer makes the Waiver unnecessary as it too informs the judge that the Respondent received notice of the divorce request (the Petition).
  • Divorce Decree (Decree) - This is the court order that outlines the terms of the divorce and makes it official.

Can I file my own divorce papers in Texas?

Any adult can file divorce papers in Texas. Hiring an attorney is not a requirement, but in some cases will be advisable. A lawsuit or divorce initiated without an attorney is called "pro se" which is a latin term meaning "on one's own behalf."

Comments 138

  1. No children, we own a house together but agree on equity split. Do we sell the home first and then file Set 1, or do is there a Set with real estate? Thank you.

  2. Can a couple sell their home during the 60 day waiting period if they agree on the distribution percentage?

  3. I have been married fir 3 years now ..We have no children only a house that I paid all the down payment by myself. He treats me like a roommate and not a wife. Nothing in the home he has purchased, everything is all mine. The house is in both of our name. Will there be a way I can keep the house.

  4. I have been married fir 3 years now ..We have no children only a house that I paid all the down payment by myself. He treats me like a roommate and not a wife. Nothing in the home he has purchased, everything is all mine. The house is in both of our name. Will there be a way I can keep the house.

  5. Your filing instructions state that I need to send in the Original Petition for Divorce, Verification, Marital Settlement Agreement and Information on Suit Affecting the Family Relationship all at the same time, but in step six, it states that THIS (at the hearing) is when I need to present the Marital Settlement Agreement. Does that mean that I DON’T need to send it in with the initial paperwork?

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  6. Ok we have had my bf boys over a year and the mother has no interest in even talking to them she dont even call to check on them and refuses to turn over his sons ssi check bc she want work are keep a job she want give us an adress to b served how can we file for a divorce she has no stsble home the children are very well taken care of here with us she left them in Louisiana with a friend we got a call to go get them we live here in tx for over 14 months now as well as the boys have lived with us how can he get his divorce i can do the papers with him feeling them out but what if she dont respond and we are sure she want

  7. My wife has two kids from a previous marriage. I did not adopt the kids and there is no dispute over them. She of course retains full custody.

    I own the house(she is moving out in Jan) and have owned it previous to the marriage. There is no dispute over real estate.

    Which free forms do I need to use?

  8. I have been separated from my husband for over 3 years now and he has finally agreed to a divorce. I was about to print the forms when I read that there will be updated forms in January 2019. All I can find are the forms that are only valid until 12/31/2018 and if you file now with those forms will not be valid in January 2019. Is there anyway to get the new forms before January 2019? We can not afford a lawyer and we have to do it ourselves, but I do not want to waste my time with old forms that may or may not be valid in 2019.

  9. I’ve been separated from my husband for 11 years now I’ve had 3 kids outside our marriage and we have one child together now me and the father to my other children want to get married my husband and I both want our divorce and agree on everything my question is how is the fastest yet cheapest way to go

  10. If I want to file an uncontested modification, can this be done without an attorney.? We want to change the medical/dental/vision coverage for our child. The step dad would insure her on his insurance and I would put the money saved (no longer paying for the coverage myself-as the original decree states) into a college fund for our child.

  11. My spouse filed for a chapter 13 bankruptcy (all for pre marital debt) and we have no kids and no properties together. Can I get an uncontested divorce because the marriage is less than 1 year and we have irreconcilable differences and we want divorce. Thank you.

  12. if i file the affidived will ether me or my husband have to pay for the divorce still or if i get approved for it will it be free for both of us? the reason for my question is because on the paper it says to fill out the first and last name of the one being sued? i dont know how all this works but me nore him can afford the divorce but weve been seperated for 2 years and want this divorce.

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