Texas Divorce Forms
Types of Divorce Forms in Texas
There are three types/categories of Texas divorce forms:
- uncontested divorce forms (most popular);
- attorney assisted divorce forms (most expensive); and
- 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:
- Houston: Laura Dale
- San Antonio: Justin Cook
- Austin: Chris Kirker
- Dallas: Julie Johnson
- Fort Worth: Justin Sisemore
- El Paso: Carlos Quiñonez
- Waco: Betty Denton
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.
My husband is currently incarcerated. He was sentenced to 8 years in TDCJ unit in Kennedy Texas. He has completed 3 years and will more than likely have to serve his full time. We have 2 children and have discussed divorce. Would I be able to send the noncontested divorce forms to him myself, or does he need to be served in the prison by law enforcement? We share no property and I will not be requesting child support. We will part on civil terms.
So i been married for 13 years but separate for 3 years already. We have 5 kids together he pays childSupport. We do not want to fight over nothing just plain divorce . What I need yo do .
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?
Your attorney would need to file a motion to modify the decree.
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
You can hire a translation service to translate the waiver (and other documents).
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)
The good news is that you should be able to get a divorce, but (bad news) you will need an attorney to navigate the process. Here is our response to a FAQ on a similar topic: Can I get a divorce if I can’t locate my spouse?
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.
It sounds like you are a good candidate to use uncontested divorce forms.
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?
You can get a divorce, but our divorce forms are not designed for this situation. You should hire an attorney to handle.
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.
Since you and your spouse are in agreement, uncontested divorce forms should be a viable option for you.
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?
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.
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.
You can get a divorce without your spouse’s signature, but you will want to hire an attorney to navigate the process.
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.
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.
Are the do it yourself free forms still valid?
My husband and I have one child together, but we agreed on a divorced w/ no attorneys and keeping the child out the situation. Do I get an uncontested divorce just to separate each other.
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
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.
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.
Here are the same sex divorce forms.
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.
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.
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?
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.
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.
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?
Im filing uncontested. Do we both have to go to court or once he signs it can i just take it up there?
Just one spouse will need to go to court in an agreed divorce.
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??
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?
Yes, Texas courts would have jurisdiction to dissolve your marriage.
If you and your boyfriend agreed to buy move in a house, buy you car in his name and then five years later decide to get married been married for three how would the divorce be settled even though their are step children not in high school
I got married in November of 2017. Now I want to get a divorce because we just aren’t compatible. We both agree it was a mistake. The thing is I’m now 10 weeks pregnant. Whuch forms should I print and use. I don’t want any child support from him.
my husband and I divorced in 1982 and the decree allows half of his retirement as of that time. I never collected the money, he has since died. I am approaching 62 and now want to collect. What forms do I need to establish a QDRO, and can I do this myself as I cannot afford an attorney?
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.
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.
My husband paid and filed for our divorce in 2015 I waived my right to appear I just wanted out the marriage he never went to court and got our final decree we ended up back together is it possible after this long can/will the judge except if i have him sign the final decree to finalize the divorce that was paid for?? Also I have another question I have been the only spouse working for 6years he got a settlement from his dad being killed on the job that’s how he bought the house land and vehicles he wants to keep it all because I want a divorce and left me with no vehicle and living with a co worker destroyed my clothes shoes etc. Am I entitled to half of the assets even tho it was his father that past away since I have been the one paying the bills and rest of living expenses???
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?
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).
Is that 60 days mandatory even after being separated over 10yrs? I mean there is no chance of reconciliation at all.
Yes, the 60 day waiting period is mandatory unless there are extenuating circumstances (like the existence of domestic violence).
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
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.
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.
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.
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?