In Texas, the divorce process can be complicated, and everyone has questions. In Texas, the most frequently asked questions concern the law and actual procedures. All divorces in Texas are filed and finalized in the appropriate district court.
Uncontested Divorce Process
During a Texas divorce, the court will issue a final order (decree) that divide’s the couples’ property, debt, and issue orders for spousal maintenance if warranted.
Likewise, if there are minor children, the court will determine custody (conservatorship), visitation, and child support.
The articles that follow explain the relevant laws and processes in Texas. The articles are organized by category so that you can read multiple articles on a single topic. All articles are written by experienced Texas divorce attorneys.
Petition for Divorce
In Texas a Petition for Divorce is a legal document that when filed with the appropriate district court initiates a dissolution of marriage proceeding with the court.
The petition must be filed with the district court in the County where either spouse has resided for at least 90 days. In order to file a petition for divorce in Texas either spouse must have been a resident of Texas for at least six months.
A petition for divorce does not in the marriage. In order to finalize and complete a divorce a judge must sign a final divorce decree. A petition for divorce may be withdrawn by the spouse who filed the petition at any time before the judge signs the final decree. Except in cases of domestic violence, no judge can sign a final divorce decree until at least 60 days has passed from the time the petition was filed with the court.
Forms for a Divorce Without Children
As a general rule, an uncontested divorce in Texas usually contains the following documents, but again the following list may not be complete for your personal situation and circumstances.
The common documents are:
Original Petition for Divorce
Waiver of Service
Affidavit of Name Change (if applicable)
County Court Specific Cover Sheet and related documents/forms
Suit Affecting Family Relationship Form
Final Decree of Divorce
Final Hearing Testimony / Prove Up
If the case involves the division of certain retirement accounts, the court may require a Qualified Domestic Relations Order (QDRO). In addition, there may be additional documents that are wise to complete as part of the “divorce process”. A common example is a warranty deed or special warranty deed since in Texas a quitclaim may not be enough. This is needed if one spouse is awarded any real property (house/land) as part of the divorce. A warranty deed / quitclaim deed simply transfers the other spouse’s interests in the property to the spouse awarded the property.
Forms for a Divorce With Children
If you have children and are divorcing, you will need documents and/or legal language to address child custody, parental visitation, and child support. Under Texas law a “Parenting Plan” must be included with the Final Decree of Divorce. The Parenting Plan includes the conservatorship (custody) rights of the parents, the visitation schedule, the child support, and also provides for other issues that may affect the child.
As a general rule, an uncontested divorce case with children usually contains the following documents, but again the following list may not be complete for your personal situation and set of circumstances.
The common documents are:
Original Petition for Divorce
Waiver of Service
Affidavit of Name Change (if applicable)
County Court Specific Cover Sheet and related documents/forms
Suit Affecting Family Relationship Form
Standing Order
Final Decree of Divorce
Final Hearing Testimony / Prove Up
In cases involving the division of certain retirement accounts the court may require a Qualified Domestic Relations Order (QDRO). There could also be additional documents that are wise to complete as part of the divorce process but not required by or submitted to the court. One common example is a warranty deed since in Texas a quitclaim may not be enough. This document is used when one spouse is awarded real property (house/land) and it transfers the other spouse’s interests in the property to the spouse awarded the real property.
The bottom line is that there are number of factors that determine what documents are needed in any divorce case as well as what language should or shouldn’t be contained in the required documents.
Get help with divorce: Texas Uncontested Divorce