How to Get Divorce Papers in Texas

How to Get Divorce Papers
in Texas

Divorce is the legal process of dissolution of a marriage and requires compliance with all regulations. To get a divorce in Texas, spouses should meet certain requirements and complete the legal paperwork before filing.

How to Get Divorce Papers

To complete the forms, spouses must meet the Texas residency requirements. The couple has the right to divorce in the state if:

  • one of the spouses has lived in Texas for at least six months and in the county where they are filing for divorce for at least 90 days; or
  • one of the spouses is in the military stationed outside of Texas or is escorting their spouse who is serving in the military outside of Texas, the petitioner can file in Texas if one of the spouses has been a resident of the state for at least six months, and a resident of the county where the petitioner wants to file for more than 90 days.

When the spouses have fulfilled the residency requirement, they can prepare the divorce papers.

Where to Get Divorce Papers

Divorcing spouses can obtain divorce forms in several ways:

  • by hiring a lawyer;
  • stopping by the court;
  • downloading them from the official court website; and
  • using online divorce companies.

The attorney option is suitable for couples with a contested case who have a lot of property or debts or do not want to deal with the paperwork independently.

If the spouses have an uncontested case, they may reject an attorney and prepare the divorce papers themselves. Spouses can obtain the necessary forms directly from the court clerk or download them from the official Texas Law Help.

Using the services of online divorce companies such as {Site Name}, spouses can quickly and efficiently generate the necessary papers at an affordable price without delving into the intricacies of the Texas court requirements. It is an excellent option for a DIY divorce.

Spouses who prepare documents on their own should remember that forms for divorce in Texas depend on whether the spouse has minor children or not. Also, partners should consider that the documents for same-sex and opposite-sex couples are different.

Printable Divorce Papers

If spouses want to get free printable divorce forms, they can use online divorce services. Online divorce companies like {Site Name} provide spouses with a completed package of divorce papers ready to print and sign.

Uncontested Divorce Forms

An uncontested divorce allows spouses to save thousands of dollars in legal fees and maintain a healthy relationship after the breakup.

To obtain an amicable divorce, the spouses must agree on the following points:

  • property division;
  • child custody (if there are minor children);
  • child support;
  • spousal support (alimony);
  • other additional divorce-related matters.

If the couple hires lawyers to handle their case, they can leave legal paperwork to their lawyer. Divorce lawyers have experience and knowledge in working with court procedures. By hiring attorneys, spouses can ensure that their papers are prepared following all the jurisdiction requirements.

But an amicable divorce also allows spouses to complete forms independently. Therefore, we will consider what kind of divorce forms spouses may need.

Divorce Papers Without Children

Spouses should first complete the Original Petition for Divorce form when divorcing without minor children.

  • If partners have an opposite-sex marriage, they use the Original Petition for Divorce (Set A).
  • If partners have same-sex marriage, they complete the Original Petition for Divorce (Set D).

A petition is required to start a divorce case. When filling out the Petition, spouses should follow the technical instructions:

  • The one who files the Petition is the “petitioner,” and the other spouse is the “respondent.”
  • Carefully complete the answers using blue or black ink (if completed by hand).
  • Don’t leave gaps.

In addition to the Petition, spouses may need additional documents, such as:

  • Civil Case Information Sheet;
  • ​Information on Suit Affecting the Family Relationship;
  • Statement of Inability to Afford Payment of Court Costs;
  • Waiver of Service Only form (Set A or D);
  • The Respondent’s Original Answer form (Set A or D); and
  • Final Decree of Divorce form.

Spouses need a Statement of Inability to Afford Payment of Court Costs form if they can not afford to pay the filing fees.

Divorce Papers with Children

When divorcing with minor children, spouses must also complete the Original Petition for Divorce (Set B). Please note that the form has the same name as a divorce without minor children, but the set is different.

Partners should follow the technical instructions and fill out all fields when filling out the form.

In addition to the Petition, spouses may need:

  • Civil Case Information Sheet;
  • Exhibit: Out-of-State Party Declaration (required if one of the spouses live outside of Texas);
  • Statement of Inability to Afford Payment of Court Costs;
  • Information on Suit Affecting the Family Relationship (Excluding Adoptions);
  • Required Initial Disclosures in Divorces, Annulments, and Suits to Declare Marriage Void;
  • Waiver of Service Only (Specific Waiver) [Divorce Set B];
  • Respondent’s Original Answer [Divorce Set B];
  • Final Decree of Divorce [Divorce Set B];
  • Income Withholding for Support;
  • Sample Testimony for Divorce with Children;
  • Affidavit for Prove-Up of Agreed Divorce With Children;
  • Record of Support Order;
  • Low-Income Child Support Guidelines Handout.

Free Do It Yourself Divorce Forms

If the spouses agree on all the divorce terms, they can have a DIY divorce. The list of forms that spouses are likely to need to complete includes:

  • Original Petition for Divorce Form;
  • Information on suit affecting the Family Relationship;
  • Civil Case Information Sheet;
  • Waiver of Service or Respondent’s original answer;
  • Affidavit of Military Status;
  • Final Decree of Divorce.

However, spouses may have to complete additional papers, depending on the circumstances of their case.

Divorce Papers Online

Anytime, anywhere, spouses can get divorce papers online with {Site Name}.

{Site Name} is a reliable and affordable tool for preparing court-required paperwork. The spouses just need to sign in and complete a survey regarding their marriage and breakup.

After the spouses submit the correct information to the system, they can generate customized divorce papers within two business days. In addition, partners can receive a detailed filing guide.

{Site Name} is a great support tool for an uncontested and DIY divorce since divorcing spouses can prepare divorce filings without legal training, following all the high standards and requirements of the Texas court.

Frequently asked questions

Frequently asked questions

What happens after divorce papers are filed?

The petitioner must pay filing fees when the divorce forms are filed with the court. If the submission is successful, the divorce proceedings officially begin.

What happens if your spouse won’t sign divorce papers?

If your spouse refuses to sign the divorce papers or does not respond to the petition, your case becomes contested. However, your lawyer may ask the court to make a default judgment against your spouse. Also, there is a mandatory 60-day waiting period in Texas before getting a divorce.

How to fill out divorce papers?

Spouses can complete the paperwork with the help of online divorce, a lawyer, or on their own. However, all documents should be prepared according to the technical and legal requirements of the state.

What happens after divorce papers are served?

When the second spouse is served, the petitioner must provide the court with written proof of service signed by the person who delivered the divorce forms.

Who serves divorce papers?

Petitioner can serve the respondent in Texas by:
  • certified mail;
  • hiring a sheriff;
  • hiring a private process server;
  • or posting (if you do not know the respondent’s location).
In an uncontested divorce, the respondent may sign a Waiver of Personal Service in advance to avoid service charges.

How can I get a copy of my divorce papers?

When the petitioner prepares the divorce papers, they should make two copies. Then, after verification by the county clerk, copies are distributed between the spouses, and the clerk submits the original to the court.

How long does it take to serve divorce papers?

The petitioner has 60 days from filing the divorce papers to serve the spouse. Otherwise, the divorce case will be suspended.
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