TexasLawHelp.org divorce forms: what they cover and how to use them

Last updated 2026-07-09

What is TexasLawHelp.org and who runs it?

TexasLawHelp.org is a free legal self-help website run by the Texas Legal Services Center, a nonprofit funded through the Texas Access to Justice Foundation and the State Bar of Texas. It is the closest thing Texas has to an official statewide court self-help portal for family law.

The site is not a government agency. But it works with the Texas Office of Court Administration and the Texas Supreme Court, and the divorce forms hosted there have been reviewed for consistency with the Texas Family Code. That review is the reason to start here instead of some random form mill.

Forms from a stranger's website may be out of date or formatted wrong for your county. The TexasLawHelp forms are a safe floor.

The site covers landlord-tenant disputes, consumer debt, and immigration too. But the family law section, and specifically the divorce papers area, is where most self-represented filers end up.

What divorce forms does TexasLawHelp.org actually provide?

TexasLawHelp.org splits its divorce packets into three groups based on your situation. Each packet is a bundle of documents, not a single form.

Divorce without children and without significant property. The simplest packet. It fits couples with no minor children together, no real estate, and modest community property. Inside: the Original Petition for Divorce, the Waiver of Service, the Final Decree of Divorce, and a few supporting documents.

Divorce without children but with property. This one adds forms for dividing community property: personal property, bank accounts, sometimes retirement accounts. Own a home together? You will likely need extra documents like a Special Warranty Deed that are not always in the base packet.

Divorce with children. The most involved packet. It has everything in the property packets plus a Suit Affecting the Parent-Child Relationship (SAPCR) component, a Standard Possession Order or Modified Possession Order, a Child Support Worksheet, and a Medical Support Order. The Texas Family Code demands specific language in custody and child support orders, and these forms are built to carry it ^[1].

All packets come as fillable PDFs. Some forms also run through a guided interview tool on the site that asks you questions and fills the forms for you. That tool saves real time compared to typing into raw PDFs by hand. Use it if it covers your packet.

What the site does not give you: county-specific local forms. Dallas County, Harris County, and Travis County all have local rules and sometimes local forms. Check your district court's website or the clerk's office before you file ^[2].

How do Texas divorce filing fees compare across major counties?

Each county's district clerk sets the filing fee, and the fees change from time to time. The figures below reflect publicly posted fee schedules from 2024 to 2025. They exclude service of process fees, publication fees for unknown-address cases, and certified copy fees.

County	Approximate divorce filing fee
Harris (Houston)	$300 to $350
Dallas	$280 to $320
Travis (Austin)	$250 to $300
Bexar (San Antonio)	$250 to $300
Tarrant (Fort Worth)	$265 to $310
Collin	$250 to $290
El Paso	$240 to $280

The ranges exist because the total is a base filing fee plus statutory surcharges that vary a little by county ^[3]. Can't afford it? File a Statement of Inability to Afford Payment of Court Costs (also on TexasLawHelp.org), and the judge may waive the fees entirely.

The filing fee is the biggest single cash outlay in a DIY Texas divorce. Treat it as your baseline when you compare the cost of a document preparation service.

What is the Texas 60-day waiting period and does it apply to everyone?

It applies to nearly everyone. Texas Family Code Section 6.702 says "the court may not grant a divorce before the 60th day after the date the suit was filed" in standard cases. The clock starts the day the Original Petition for Divorce hits the district clerk, not the day your spouse signs a waiver or the day you serve them ^[1].

So even in the friendliest uncontested divorce, you wait at least 60 days from filing before a judge signs your Final Decree.

In practice most uncontested cases run 90 to 120 days from filing to signed decree. Court dockets, the prove-up hearing, and the time to draft final documents all add up. Rural counties with lighter dockets sometimes move faster. Busy urban counties run slower.

The waiting period has narrow exceptions, mostly tied to family violence findings, and they do not help someone who is simply in a hurry.

There is no legal shortcut around the 60-day floor. Plan for it.

How do you actually file a divorce using TexasLawHelp forms, step by step?

Here is the usual sequence for an uncontested Texas divorce using the TexasLawHelp forms. Your county may vary in small ways.

Step 1: Choose and complete the right packet. Go to TexasLawHelp.org, open the divorce section, and pick the packet that matches your situation (children or not, property or not). Fill it out carefully. Names, dates of birth, addresses, and the last four digits of Social Security numbers all have to be exact.

Step 2: File the Original Petition. Take the completed Original Petition for Divorce to the district clerk in the county where you or your spouse has lived at least 90 days. You also must have lived in Texas at least six months before filing ^[1]. Pay the fee or hand in your fee waiver request at the same time. The clerk stamps the petition and assigns a cause number.

Step 3: Handle service of process. Your spouse has to be formally notified. In an uncontested divorce, the easiest route is a signed Waiver of Service. Your spouse signs it before a notary, and you file it. They never have to appear. If your spouse won't sign, you need a process server or constable, which costs extra ^[4].

Step 4: Wait out the 60-day period. Use the time to prepare the Final Decree of Divorce and any closing documents. With children, prepare the Child Support Worksheet and Standard Possession Order too.

Step 5: Set a final hearing. Call the court coordinator for your assigned court and schedule a prove-up hearing. In most Texas counties, at least one spouse appears in person to answer a few questions confirming residency, that the marriage is insupportable, and that any agreements are fair. Some counties allow this by Zoom now.

Step 6: Present the decree. Bring two signed copies of the Final Decree to the hearing. The judge reads it, asks questions, signs it, and the clerk files it. You leave with a certified copy. Your divorce is final.

The whole thing is doable without a lawyer if your case is genuinely uncontested and simple. Hit a snag at the courthouse and the clerk can explain the procedure, but the clerk cannot give legal advice ^[5].

Can you use TexasLawHelp.org forms if you have children?

Yes, and the site has a dedicated packet for divorces with minor children. It is the most detailed packet on the site, and for a reason: Texas courts must find that any custody and support arrangement is in the best interest of the child, so the paperwork has to be thorough ^[1].

The children's packet includes the Standard Possession Order, the default visitation schedule in Texas law. It gives the non-primary parent possession on the first, third, and fifth weekends of each month, Thursday evenings during the school year, alternating holidays, and an extended summer period. You can deviate if both parents agree and the judge approves, but the deviation has to be written into the decree clearly.

Child support follows a statutory percentage of the paying parent's net monthly income: 20% for one child, 25% for two, 30% for three, 32% for four, and 40% or more for five or more ^[10]. The income cap subject to the guideline adjusts every few years. A child support calculator helps you estimate the number before you lock the decree.

If both parents agree on custody, support, and visitation, these forms handle it. It gets hard when you want a non-standard arrangement, when there are special needs, or when you have concerns about the other parent's fitness. A non-standard arrangement needs precise language or it may not be enforceable.

One thing to know: even in an agreed divorce with children, most Texas courts still hold the final hearing to confirm the agreement is voluntary and good for the child. You cannot skip the hearing just because you agree on everything.

What are the residency requirements to file for divorce in Texas?

Texas Family Code Section 6.301 sets two residency tests, and both must be true before you file ^[1].

First, you or your spouse must have been a domiciliary (resident) of Texas for at least six months right before filing. Second, you or your spouse must have lived in the county where you file for at least 90 days right before filing.

Both have to be met at the moment you file, not at some earlier point. Moved to Travis County two weeks ago? You can't file there yet, even if you have lived in Texas for years. Wait until you hit 90 days in that county, or file where you or your spouse already meets the 90-day mark.

Military members stationed in Texas satisfy residency under the same rules. If a service member was domiciled in Texas before deployment, Texas courts have generally held that deployment abroad does not break that domicile.

There is no requirement that you married in Texas. The state where you married does not matter. What matters is where you live now.

What are the most common mistakes people make with the TexasLawHelp forms?

The forms are solid. The mistakes come from how people fill them out and how they follow up with the court.

Wrong packet choice. People without big assets often skip the property forms, then find out at the hearing that the decree never says who keeps the car or the joint bank account. Courts want every piece of community property addressed, even a simple split.

Misspelled or inconsistent names. The name on the petition has to match your spouse's legal name exactly as it reads on their ID. Inconsistencies get filings rejected and cause headaches with name changes later.

Filing the waiver wrong. A Waiver of Service must be signed before a notary and cannot be signed before the petition is actually filed. Sign it early and it is defective. This one trips people up constantly.

Missing local forms. Many counties have their own cover sheets, standing orders, or scheduling orders. Harris County, for one, has a Standing Order Regarding Children, Property and Conduct of the Parties that kicks in automatically at filing and must be served with the petition ^[2]. TexasLawHelp.org does not always include these.

Vague property descriptions. "Wife gets the car" gets rejected. You need the make, model, year, and VIN. Bank accounts need the institution name and the last four digits of the account number.

Showing up cold to the prove-up hearing. Judges ask a standard set of questions. Know them ahead of time and bring your certified marriage certificate, the decree, and your ID.

None of these are fatal if you catch them early. But every one costs you time.

Are the TexasLawHelp.org forms free, and is there a catch?

The forms are free to download and use. No catch. The Texas Legal Services Center puts them out as a public service.

The honest limit: free forms with no guidance only carry you so far. The forms handle the paperwork skeleton, not the decisions. Who keeps the house? How do you split a 401(k)? What happens to debt in one spouse's name that piled up during the marriage? Those are community property questions that need real thought, more than a fill-in-the-blank line.

For a truly simple divorce (no kids, no real estate, no retirement accounts) the TexasLawHelp forms plus a careful read of the instructions is probably enough. Most people get through it.

For anything more complicated, a flat-fee document preparation service is worth a look. DivorceClear sells a complete Texas uncontested divorce document packet for $149, useful if you want pre-filled forms checked for consistency and completeness instead of starting cold. The filing fees stay the same no matter which service you use.

If your divorce has contested assets, a business, retirement accounts that need a Qualified Domestic Relations Order (QDRO), or any real fight over children, a divorce attorney is worth the money. Self-help forms are not built for contested cases.

Does Texas have a no-fault divorce option, and what grounds do you use on the forms?

Yes. Texas allows no-fault divorce on the ground of "insupportability," the Texas term for irreconcilable differences. Texas Family Code Section 6.001 defines it as a marriage that "has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation" ^[1].

Almost everyone filing a DIY divorce uses insupportability. It needs no proof of wrongdoing, no documented incidents, and no agreement from your spouse. You state it in the petition and that is that.

Texas also recognizes fault grounds: cruelty, adultery, felony conviction, abandonment, living apart for at least three years, and confinement in a mental hospital. These are rarely worth chasing in a self-help case because they demand evidence, complicate the proceedings, and do not reliably win you a better financial outcome.

On the TexasLawHelp forms, you check the insupportability box and move on.

What happens to the house and debt in a Texas divorce?

Texas is a community property state. Under Texas Family Code Chapter 3, property acquired during the marriage is presumed community property, and each spouse owns an equal undivided half ^[1]. At divorce the court divides it in a way that is "just and right," which is not always 50/50 but usually lands close in uncontested cases.

The family home is often the hardest asset. Your options: one spouse keeps it and buys out the other, you sell and split the proceeds, or you keep co-owning it for a while (common when you want a better market or you want children to finish school first). If one spouse keeps the home and the other stays on the mortgage, the decree needs a refinancing timeline, or the non-keeping spouse stays liable on the debt.

For the TexasLawHelp forms to move real estate correctly, you usually need a Special Warranty Deed transferring the property to the keeping spouse. That deed has to be signed, notarized, and filed with the county clerk separately from the decree. It is an extra step that surprises people.

Debt works the same way. Community debt is generally owed by both spouses no matter whose name is on the account, but the decree can assign it to one person. That assignment only binds the spouses to each other. It does not release the other spouse from the creditor's claim. The only real release comes from refinancing, paying it off, or getting the creditor to agree to a new arrangement.

See our overview of alimony in Texas if spousal maintenance is on the table, though Texas keeps eligibility for it fairly tight.

Where can you get help if the TexasLawHelp.org forms are not enough?

Several real options sit between the free forms and a full-service divorce lawyer.

TexasLawHelp.org itself. The site has instructional videos, step-by-step guides, and a chat function that connects you to volunteer attorneys for brief guidance. It is not legal advice, but it is genuinely useful for procedural questions ^[5].

County law libraries. Every Texas county over 50,000 people is required to keep a county law library. Many run self-help centers staffed by facilitators who explain court procedure. They can't tell you what to do legally, but they can walk you through the process.

Texas Legal Services Center hotline. TLSC runs legal aid hotlines for income-qualifying Texans. If you qualify financially, you may be able to talk to a staff attorney for free.

Local bar association referral services. Most major Texas bar associations offer a reduced-fee initial consultation, usually $20 to $50 for 30 minutes, through their referral programs ^[7]. If you have one specific question about whether your case is truly uncontested, that half hour is often worth it.

Unbundled legal services. Some Texas family law attorneys offer limited-scope representation, meaning they review your completed forms for a flat fee without taking the whole case. Rates vary, but $200 to $500 for a document review is common in urban markets.

Uncontested divorce in Texas is doable without a lawyer for straightforward situations. Knowing when to reach for help is the judgment call that matters most.

Frequently asked questions

Are the TexasLawHelp.org divorce forms accepted by all Texas courts?

The forms are built to meet Texas Family Code requirements and are generally accepted statewide. But some counties require extra local forms or have their own formatting rules. Check with your district clerk's office before filing to confirm whether your county wants any supplements to the standard TexasLawHelp packet. A quick call saves a rejected filing.

How long does an uncontested divorce take in Texas using TexasLawHelp forms?

At minimum, 60 days from the date you file, because Texas law bars a court from granting a divorce sooner. In practice, most uncontested cases run 90 to 120 days once you factor in docket scheduling and final document prep. Some rural counties move faster. Major urban counties like Harris and Dallas can run longer.

Do I need to appear in court if my divorce is uncontested in Texas?

Yes, in almost all Texas counties at least one spouse appears at a short prove-up hearing before the judge signs the Final Decree. The hearing usually takes under 15 minutes. The attending spouse answers basic questions about residency, marriage, and the agreement. Some courts now allow it by videoconference, but most still want in-person attendance.

Can I file for divorce in Texas if I was not married in Texas?

Yes. Texas residency decides where you file, not where you married. You need to have lived in Texas at least six months and in the filing county at least 90 days before filing. The state where your marriage happened is irrelevant. Texas courts can dissolve any legally valid marriage.

What is a Waiver of Service in a Texas divorce and do I need one?

A Waiver of Service is a document your spouse signs before a notary confirming they know about the divorce and agree to skip formal service of process. It is the simplest way to handle service in an uncontested divorce. It must be signed after the petition is filed, not before, or it is legally defective. You then file it with the court.

Does TexasLawHelp.org have forms for divorces involving retirement accounts?

The standard packets address retirement accounts in the decree language, but dividing a 401(k) or pension usually needs a separate Qualified Domestic Relations Order (QDRO). QDROs are highly specific to each retirement plan and are not in the standard TexasLawHelp packets. You will likely need a specialized attorney or a QDRO preparation service for that document.

Can I get the filing fee waived if I cannot afford it?

Yes. Texas courts let you file a Statement of Inability to Afford Payment of Court Costs, available on TexasLawHelp.org. A judge reviews it and can waive all or part of the filing fee. Income thresholds vary, and the form draws on the federal poverty guidelines. If approved, the clerk opens your case without payment.

What is the difference between a divorce petition and a divorce decree in Texas?

The Original Petition for Divorce starts the case. It states who you are, establishes residency, gives the ground for divorce, and lays out what you are asking for. The Final Decree of Divorce is the court order that ends the marriage and settles property, custody, and support. Both documents are included in the TexasLawHelp packets.

Do both spouses have to agree for an uncontested divorce to work in Texas?

In practice, yes. An uncontested divorce means both spouses agree on every term before the final hearing. If your spouse disputes anything about property, custody, or support, the case becomes contested, and the TexasLawHelp self-help forms are not designed for that. Contested cases almost always need an attorney.

How do I change my name back after a Texas divorce?

Include a name change request in your Original Petition and make sure the Final Decree contains specific language restoring your former name. Once you have the certified copy of the signed decree, use it to update your Social Security card first, then your driver's license, then bank accounts and other records. No separate court proceeding is needed if the name change is in the decree.

What is the Texas Standard Possession Order and can I change it?

The Standard Possession Order is the default visitation schedule under Texas Family Code Section 153.312. It gives the non-primary parent set weekends, Thursday evenings, holidays, and summer time. You can agree to a different schedule in your decree if both parents consent and the judge finds it serves the child's best interest. Courts generally approve reasonable agreed deviations.

How much does a DIY divorce in Texas actually cost total?

Budget $250 to $350 for the district clerk filing fee, plus service of process costs if you need a constable instead of a waiver (typically $75 to $150). Own real estate? Add the county clerk filing fee for the deed transfer, usually $25 to $50. Using the free TexasLawHelp forms, total out-of-pocket costs usually run $275 to $500 for a straightforward uncontested case.

Sources

1. Texas Family Code (Vernon's Texas Statutes) via Texas Legislature Online: Texas Family Code Section 6.001 (insupportability), 6.301 (residency), 6.702 (60-day waiting period), Chapter 3 (community property), and 153.312 (Standard Possession Order) text and requirements
2. Harris County District Clerk, Family Law Standing Orders: Harris County has a Standing Order Regarding Children, Property and Conduct of the Parties that takes effect automatically at filing and must be served with the petition
3. Texas Office of Court Administration, District Court Filing Fees: Filing fees for divorce cases are set by individual county district clerks and include statutory surcharges; ranges vary by county from approximately $240 to $350
4. Texas Rules of Civil Procedure, Rule 119 (Waiver of Service): A Waiver of Service must be signed before a notary after the petition is filed; signing before filing renders it defective
5. TexasLawHelp.org, Texas Legal Services Center: TexasLawHelp.org is operated by the Texas Legal Services Center and provides free court-reviewed divorce form packets and instructional resources for self-represented filers
6. Texas Access to Justice Foundation: Texas Access to Justice Foundation provides funding to Texas Legal Services Center, which operates TexasLawHelp.org as part of the statewide legal aid infrastructure
7. State Bar of Texas, Lawyer Referral Service: Texas bar associations offer reduced-fee initial consultations through lawyer referral programs; many charge $20 to $50 for a 30-minute consultation
8. Travis County District Clerk, Fee Schedule: Travis County divorce filing fees for original petition range approximately $250 to $300 depending on applicable surcharges
9. Dallas County District Clerk, Civil Filing Fee Schedule: Dallas County divorce filing fees range approximately $280 to $320 for an original petition for divorce
10. Texas Family Code Section 154.125 via Texas Legislature Online: Texas child support guideline percentages: 20% for one child, 25% for two, 30% for three, 32% for four, and 40% or more for five or more children, applied to net monthly income