The decision of moving out of a marriage is quite crucial and complicated for a couple. Before filing for a case, one should be fully aware of the state laws. There are several Texas divorce forms or documents that are required to commence the process. The relevant papers differ based on:

  • Ending the relationship with the presence of children
  • Parting ways without the presence of children

The documents for ending the relationship are available in state libraries, bookstores and online either for free or based on some payment terms. It is always recommended to hire an experienced and good lawyer to get the correct form kits complying with the state laws.

It is to be noted that to file for a case, one must be a Texas resident for six months and a county resident for 90 days. In addition, there is a 60-day waiting period after filing, before a decision is granted by the judge. Such residency requirement can be altered by law in case of military divorce.

The no-fault process starts with the filing of a document of original petition, which is considered to be one of the foremost documents for parting ways. The court accepts the filled forms along with the marital settlement agreement. The petitioner must mention the grounds for ending the relationship as per the Texas rules.

Types of Texas Divorce Forms:

  1. For Couples without Children – If the couple do not have minor children of the marriage or if child support and visitation orders have been agreed :
    • Original Petition – File the original petition in the district clerk or the county clerk starts the process of legally ending the relationship.
    • Waiver of Service – This is a document which officially notifies that the case is in process. This form needs to be signed and filed with the court to show that respondent has received a notice and waives the requirement for service.
    • Respondent’s Answer – This is the form where the respondent declares that he or she has been notified about the desire of break-up.
    • Final Decree – The final decree of divorce is the document where the parties state the agreements made regarding all aspects that are to be kept in mind while ending the relationship.
  2. For Couples with Children – If children are younger than 18 or have not graduated from high school:
    • Original Petition
    • Petition Exhibit – Out of State Parents
    • Waiver of Service
    • Respondent’s Answer
    • Final Decree
    • Exhibit – Child Custody
    • Exhibit – Child Support
    • Exhibit – Child Support Withholding Order
    • Exhibit – Child Visitation
    • Exhibit – Family Information
    • Exhibit – Medical Support
    • Exhibit – Parent’s Rights and Duties

    Note: If the final court orders for custody and support of the children are there, and no changes have been made in the same, then parting ways without children form will be used with a copy of the current custody and support orders (showing the judge’s signature) to the decree.

  3. Affidavit of Inability to Pay Cost – This document is to be filed when someone cannot afford the court filing fees. The form shows the financial status of the petitioner to the court and requests to waive the filing fee.
  4. Default Judgment Kit – This explains how to finish your case when the respondent was served with legal notice, but did not file a response or appear in court.

Words to be Used in the Court Documents

  • Use these exact words, all in capital letters: IN THE DISTRICT COURT OF COUNTY, TEXAS, JUDICIAL DISTRICT
  • Use these exact words, all in capital letters: PETITION
  • Use the word “Petitioner”. Be sure the “P” is capitalized
  • Use the word “Respondent”. Be sure the “R” is capitalized
  • Use these exact words ‘DECREE OF DIVORCE’ – Be sure to use capital letters only when placed as the title of your final document.
  • Use the word “County” here

Free Download Texas Divorce Forms

Various types of divorce forms in Texas are available for free download. These forms provides all the detailed information about how to fill the form for your divorce case.

Tips for Avoiding Mistakes while Dealing with Divorce Forms:

  • Consult a lawyer for court proceedings and while using the forms. Without a lawyer’s help, the chances of errors are much higher and could result in high penalty cost.
  • Check if the papers are proper and valid for getting a decision granted
  • Be aware of the guidelines of state laws and procedures for filling and completing the documents.
  • Give relevant and right information in the document. Review them step-by-step.
  • Cooperation between the petitioner and the respondent is very important for smooth functioning of the process.

It is highly recommended to follow the state rules and regulations while filling up the Texas divorce forms to avoid any unnecessary complications and delay.