Texas divorce forms: every document you need and where to get them

Last updated 2026-07-11

What forms do you need for a Texas divorce?

The list depends on three things: minor children, shared property, and whether your spouse will sign anything. A clean uncontested divorce with no minor children needs about eight documents. Add kids and a property settlement and the stack climbs past twelve.

Here are the core forms for an uncontested Texas divorce with no children:

• Original Petition for Divorce (the document that starts the case)
• Civil Case Information Sheet (required by the Texas Office of Court Administration)
• Waiver of Service (your spouse signs this instead of being formally served)
• Final Decree of Divorce (the judge signs this at the end; it is the actual divorce order)
• Military Status Declaration (federal law requires this in every divorce)

If you have minor children, add:

• Suit Affecting the Parent-Child Relationship (SAPCR) petition or combined petition
• Standard Possession Order (or a custom parenting plan that meets Texas Family Code requirements)
• Child Support Order (the court will not approve a decree without this if you have kids)
• Income Withholding Order (automatically routes child support from the paying spouse's paycheck)
• Order Establishing Paternity (if the child was born outside marriage)

For property and debt:

• Marital Settlement Agreement (sometimes called a Property Settlement Agreement)
• Deed of Transfer for any real estate you're dividing
• QDRO (Qualified Domestic Relations Order) if one spouse has a 401(k) or pension to divide

The Texas Office of Court Administration publishes a standardized Petition for Divorce and several companion forms at texaslawhelp.org, run by Texas Legal Services Center. These are the closest thing Texas has to statewide official blank forms ^[1].

Where can you download official Texas divorce forms for free?

Texas has no single statewide court portal, and that trips up a lot of people. What you get instead is a patchwork. The Office of Court Administration (OCA) publishes some forms, texaslawhelp.org hosts a full guided interview that generates completed forms, and each county district clerk may add its own local pages.

The best free sources, ranked by reliability:

1. texaslawhelp.org (run by Texas Legal Services Center): The most complete free resource. Their guided interview walks you through every question and spits out a finished PDF packet. It is genuinely good. It covers both with-children and without-children scenarios ^[1].

2. Texas Office of Court Administration (txcourts.gov): The OCA publishes uniform form numbers (prefixed OCA-DIV) for specific documents. Their site is the authoritative source for the Civil Case Information Sheet ^[2].

3. Your county district clerk's website: Travis County, Harris County, and Bexar County all post local addendum forms you must include on top of the statewide forms. Search for "[your county] district clerk divorce forms."

4. Texas State Law Library (tsl.texas.gov): Keeps a curated list of self-help resources and links to county-specific forms pages ^[3].

A few things to watch. Some third-party websites charge $30, $80 for forms that are free at the sources above. Skip them. The only paid option worth a look is one that prepares completed, court-ready documents, not one that sells you blank PDFs you still have to fill out yourself. If you want someone to build the full packet, our document service ($149) assembles all forms to your facts. But the blank forms really are free at texaslawhelp.org.

What are the Texas residency requirements before you can file?

Texas Family Code Section 6.301 states: "A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been a domiciliary of this state for the preceding six-month period and a resident of the county in which the suit is filed for the preceding 90-day period" ^[4].

In plain terms: six months in Texas, ninety days in the specific county where you file. Both clocks run before you file, not after.

Just moved to Texas and haven't hit the six-month mark? You cannot file yet. Wait it out, or check whether your prior state still has jurisdiction (it might, if your spouse still lives there).

If you and your spouse live in different Texas counties, you can file in either county once you each meet that county's 90-day requirement. You are not locked to your own county.

Military households follow a slightly different rule. An active-duty service member stationed in Texas counts Texas as a domicile for divorce purposes even if their home of record is another state, as long as they have been stationed here for six months. Texas Attorney General guidance covers this ^[5].

How much does it cost to file divorce forms in Texas?

Filing fees vary by county and by whether you have children. Most counties land between $290 and $360. The table below shows real 2024 to 2025 figures from selected counties.

County	No children (approx.)	With children (approx.)
Harris (Houston)	$315	$360
Dallas	$302	$352
Travis (Austin)	$298	$348
Bexar (San Antonio)	$290	$340
Tarrant (Fort Worth)	$295	$345

These are clerk's fees only. They do not include process server costs ($50, $150) if your spouse will not sign a waiver, or any attorney fees if you hire help ^[6].

Can't afford the filing fee? File an Affidavit of Inability to Pay (sometimes called a Statement of Inability to Afford Payment of Court Costs). Texas Rule of Civil Procedure 145 governs this. The clerk must waive the fee if you qualify. You qualify if your income is below 125% of the federal poverty guideline or you receive public benefits like SNAP, Medicaid, or SSI ^[7].

Beyond the filing fee, budget a little for certified copies of your Final Decree of Divorce. Most clerks charge $1, $2 per page plus $5 for certification. You will want at least two certified copies: one for your own records and one for changing a title or deed.

How do you fill out the Texas Petition for Divorce correctly?

The Petition for Divorce is the document that opens your case. It does not have to be perfect, but a few fields matter a lot.

Case caption: Name the court exactly as it appears on the clerk's website (e.g., "In the 345th Judicial District Court of Travis County, Texas"). Write the wrong court number and the clerk will return it.

Petitioner and Respondent: The person filing is the Petitioner. Your spouse is the Respondent. Texas does not require you to allege fault. You can simply plead "insupportability" (the no-fault ground), which means the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marriage relationship ^[4].

Residency allegations: You swear under penalty of perjury that you meet the six-month state and 90-day county requirements. Get these dates right.

Children: If you have children under 18, the petition must name each child, their date of birth, and state that Texas has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Texas Family Code Chapter 152 governs this ^[4].

Property and debt: You do not have to list every asset in the petition. You simply ask the court to divide the community estate. The detail goes in your Final Decree or your Marital Settlement Agreement.

Prayer for relief: This is where you tell the court what you want. Be specific. Ask for the divorce, ask the court to confirm separate property, ask for the division of community property, and (if applicable) ask for a name change.

Sign in front of a notary if your county requires a verification. Not all Texas counties do, so check your local rules. Harris County, for example, does not require verification on the petition itself.

What is the 60-day waiting period and does anything shorten it?

Texas Family Code Section 6.702 sets a mandatory 60-day waiting period from the date the petition is filed before a divorce can be granted. No exceptions for speed or mutual agreement. The sixty days must pass.

Two narrow exceptions exist. First, if your spouse has been finally convicted of or received deferred adjudication for family violence against you or a child of the family, the waiting period does not apply ^[4]. Second, an active-duty member of the armed forces deployed overseas may have the waiting period waived under limited circumstances.

For everyone else: file, wait 60 days, then schedule your prove-up hearing (or submit your documents for a default or agreed decree, depending on your court's procedure).

The waiting period does not mean the divorce takes exactly 60 days. If your spouse contests anything, drags their feet on signing, or the court has a backlog, it takes longer. In practice, uncontested Texas divorces with a cooperative spouse and no kids often close in 90 to 120 days from filing. With children, expect 4 to 6 months even with full cooperation, because the court reads the parenting plan closely.

How does service of process work for Texas divorce forms?

After you file the petition, your spouse must get formal notice that the case exists. This is service of process.

For an uncontested divorce, the cleanest path is a Waiver of Service. Your spouse signs a notarized statement saying they received a copy of the petition and waive their right to formal service. This costs nothing and moves the case faster. The waiver cannot be signed before the petition is filed, and it must be notarized ^[4].

If your spouse will not sign a waiver, you have two options:

1. Process server or sheriff: A licensed process server or county constable personally delivers the citation and petition. Cost: typically $50, $150. This is the standard path.

2. Certified mail: The clerk can serve by certified mail in some circumstances, but the respondent must sign the return receipt.

If you cannot locate your spouse after a genuine search, Texas allows service by publication in a newspaper. The court must approve it. It is a last resort, and it limits what the court can order. You can get the divorce, but the court generally cannot divide property or set child support against an absent, unknown respondent.

For a full walkthrough of the service step, see how to serve divorce papers.

What goes in the Texas Final Decree of Divorce?

The Final Decree of Divorce is the document that carries the most weight in the whole packet. It is the order the judge signs. Everything that matters about your divorce lives in this document.

A complete Texas Final Decree must address every item the court has jurisdiction over. Miss a piece and you may have to go back to court. Here is what a thorough decree covers:

Divorce: The granting paragraph dissolves the marriage on a specific date.

Community property division: Texas is a community property state. Everything acquired during the marriage is presumed community property. The decree must either confirm that both parties agree to a specific division or explain how the court divides it. You can divide it however you agree. A 50/50 split is common but not required ^[8].

Separate property confirmation: Any property either spouse owned before marriage or received as a gift or inheritance during marriage is separate property. The decree should confirm it stays with its owner.

Debts: Assign every significant debt. The decree binds the parties as between themselves, but a creditor is not bound by your divorce decree. If a joint credit card goes to your spouse and they stop paying, the creditor can still come after you. The only real protection is closing or refinancing joint accounts.

Children: If you have kids, the decree must contain the conservatorship order (who has legal decision-making authority), the possession schedule, the child support amount, and the income withholding order. Texas courts apply the child support guidelines in Texas Family Code Chapter 154, which set percentages of the obligor's net resources (20% for one child, 25% for two, 30% for three, and so on) ^[4].

Spousal maintenance: Texas calls this "spousal maintenance," not alimony. The standard is strict. Texas Family Code Section 8.051 requires the spouse seeking maintenance to show they cannot meet minimum reasonable needs AND meet one of several specific conditions (marriage of 10+ years, family violence, disability, and others) ^[11]. Read how does alimony work for the full picture.

Name change: If either spouse wants to restore a prior name, request it in the decree. The decree itself becomes the legal name change document. No separate proceeding is needed.

Get the decree right. It is cheaper to spend time on this now than to file a motion to clarify or enforce later.

What happens at the final hearing for an uncontested Texas divorce?

Texas calls this the "prove-up hearing." It sounds intimidating. It usually takes ten minutes.

In a true uncontested divorce where both spouses agree on everything, typically only the Petitioner (the spouse who filed) appears. Some counties allow a default prove-up where no one appears and the judge signs the decree based on submitted affidavits. Check your local rules.

At the prove-up, the judge asks you to confirm a few things under oath: your name, that you lived in Texas for six months and in the county for 90 days, that the marriage is insupportable, that the decree accurately reflects your agreement, and (if kids are involved) that the arrangement is in the children's best interest.

Bring to the hearing:

• Government-issued photo ID
• The signed Final Decree of Divorce (two or three copies)
• Any exhibits referenced in the decree (like a property settlement exhibit)
• Your case number (written down, more than in your phone)

After the judge signs, the clerk stamps the decree. You may get certified copies the same day or need to return a few days later, depending on the county. The divorce is legally effective on the date the judge signs.

Do Texas divorce forms differ by county?

Yes, and the differences matter. Texas has 254 counties, and local court rules carry real weight.

Harris County (Houston) runs its own Family Law Center with local rules about font size, document formatting, and specific addendum forms for temporary orders and child support. Their local rules are published at hcdistrictclerk.com.

Travis County (Austin) operates a family law self-help center staffed by volunteer attorneys on certain days. Their district clerk site lists required local forms including a SAPCR data form and a parenting plan worksheet.

Dallas County requires a specific cover sheet on all filings and has local standing orders that apply automatically in every divorce case, restricting both spouses from things like depleting accounts or relocating children. You need to know these orders exist even if you and your spouse are perfectly cooperative.

Small rural counties often have minimal local requirements beyond the statewide forms, but their clerks can be harder to reach by phone.

The practical rule: download your specific county's local rules and form list from that county's district clerk website before you draft anything. Do this first, not after you have already filled out every form.

Can you file Texas divorce forms online?

Yes, in most Texas counties. Texas runs eFileTexas.gov, operated through Tyler Technologies, as the mandatory e-filing portal for civil cases including divorce ^[2].

All Texas attorneys must e-file. Self-represented (pro se) litigants may e-file but are not required to in most counties as of 2025. Still, many clerks now push it hard because it is faster and generates automatic case tracking.

To e-file: 1. Create a free account at eFileTexas.gov 2. Select your county and court 3. Upload your PDF documents (must be searchable PDFs, not scanned images) 4. Pay the filing fee by credit card 5. Receive a file-stamp confirmation by email

The filing fee is the same whether you file in person or online. A small convenience fee (usually $5, $7) gets charged by the e-filing manager.

If you file in person, bring two copies of everything. The clerk keeps one and returns one stamped copy to you. Arrive early. Family law filing windows at busy urban courthouses can have long waits.

One note worth remembering: even if you e-file your initial petition, you still need to appear in person (or have your decree considered by the judge) for the prove-up. You cannot finalize a Texas divorce entirely remotely.

What mistakes do people commonly make on Texas divorce forms?

These are the errors that most often delay or derail Texas uncontested divorces.

Wrong court: Filing in the wrong district court within your county sends you back to start. Ask the clerk which court handles family law in your county before you draft the caption.

Forgetting the SAPCR: If you have a child together, even an infant, the petition must include or come with a SAPCR (Suit Affecting the Parent-Child Relationship). Petitions that skip this when children exist get rejected.

Incomplete Final Decree: A decree that says "the parties will divide community property equitably" without naming what goes to whom is not enforceable. Name every significant asset and debt.

Signing the Waiver of Service before filing: The waiver is only valid if signed after the petition is filed. The date matters.

Leaving out the income withholding order: Even if both parents agree on child support, Texas courts require the income withholding order as a separate document. Omit it and the clerk may reject the decree.

Skipping the Military Status Declaration: Federal law (the Servicemembers Civil Relief Act, 50 U.S.C. Section 3931) requires this in every divorce, not only military divorces ^[9]. Courts routinely hold up decrees when it is missing.

Not reading local rules: Dallas County's standing orders, Harris County's addendum forms, Travis County's parenting plan worksheet. None of these are optional. Skipping them adds weeks.

Want a complete, county-specific packet prepared to your facts? DivorceClear's $149 document service builds all forms correctly for your Texas county. It is one way to dodge the errors above without hiring an attorney.

For context on what a divorce attorney would charge if you need more than forms, see divorce attorney.

What forms do you need for a Texas divorce with children?

Children make the forms more complex, not more contentious. The court just has more boxes to check.

Beyond the standard petition and decree, you need a complete parenting plan. Texas uses "conservatorship" rather than custody. There are two types:

Joint Managing Conservatorship (JMC): Both parents share legal rights and duties. Most Texas divorces with children end in JMC. One parent is usually named the "primary" conservator with the right to designate the child's primary residence.

Sole Managing Conservatorship (SMC): One parent has exclusive rights. Courts rarely grant SMC absent family violence, abuse, or serious neglect.

The Standard Possession Order (SPO) is Texas's default possession schedule. Under the SPO, the non-primary parent has the child on the first, third, and fifth weekends of each month, every Thursday evening, alternating holidays, and 30 days in summer. Texas Family Code Section 153.312 spells this out in detail ^[4].

You can agree to a custom schedule that differs from the SPO. The court will approve it if it serves the child's best interest. Many parents prefer a 50/50 schedule (week on, week off), which courts usually approve for cooperative, geographically close parents.

Child support under Texas guidelines is calculated on the obligor's net monthly resources. Net resources means gross income minus Social Security tax, Medicare tax, state income tax (Texas has none), union dues, and health insurance premiums for the children. The percentages are fixed by statute: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five or more ^[4]. Use the child support calculator to estimate.

Before a signed agreed parenting plan gets approved, both parents usually must complete a parent education course (sometimes called a "co-parenting class"). Some counties require proof of completion before the prove-up. The course costs $25, $75 and is usually done online.

Frequently asked questions

Can I get free Texas divorce forms without using a lawyer?

Yes. Texaslawhelp.org, run by Texas Legal Services Center, offers a free guided interview that generates a complete, court-ready divorce packet for both with-children and without-children scenarios. The Texas State Law Library and your county district clerk's website also post free forms. You do not need a lawyer to obtain or file divorce forms in Texas.

How long does an uncontested divorce take in Texas?

The minimum is 61 days because of the mandatory 60-day waiting period after filing. In practice, an uncontested divorce with a cooperative spouse and no children typically closes in 90 to 120 days. With minor children, expect 4 to 6 months even with full cooperation, since the court reviews the parenting plan carefully.

Do both spouses have to appear in court for a Texas divorce?

Usually only the Petitioner (the spouse who filed) appears at the prove-up hearing. Some counties allow a written affidavit in lieu of appearance for fully agreed cases with no children. Check your specific county's local rules. Your spouse does not have to attend if they signed a Waiver of Service and the decree is fully agreed.

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

The Original Petition for Divorce opens your case and notifies the court of your intent. It contains basic facts and requests relief. The Final Decree of Divorce is the order the judge signs at the end. The decree is the legally operative document: it dissolves the marriage, divides property, and sets parenting terms. You need both.

What does 'insupportability' mean on Texas divorce forms?

Insupportability is Texas's no-fault divorce ground under Family Code Section 6.001. It means the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship with no reasonable expectation of reconciliation. You do not have to prove fault, infidelity, or abuse. Most uncontested divorces use this ground.

How do I serve my spouse divorce papers in Texas if I can't find them?

If you cannot locate your spouse after a diligent search, you can ask the court for permission to serve by publication in a newspaper. The court must approve the method. Service by publication has limits: the judge can grant the divorce but generally cannot divide property or enter child support orders against a respondent served only by publication.

Do I need a notary for Texas divorce forms?

The Waiver of Service must be notarized. Some Texas counties require a verification (sworn statement) attached to the petition; others do not. The Final Decree itself does not need notarization, but any affidavits submitted in lieu of appearance at the prove-up do. Check your county's local rules for the specific notarization requirements.

What is a QDRO and do I need one for a Texas divorce?

A Qualified Domestic Relations Order is a separate court order that directs a retirement plan administrator to divide a 401(k), pension, or similar plan between spouses. If either spouse has an employer-sponsored retirement account, you need a QDRO to split it without triggering early withdrawal taxes and penalties. It is a separate document from the Final Decree of Divorce.

Can I change my name back on the divorce forms in Texas?

Yes. Request the name change in your Original Petition and again in your Final Decree of Divorce. The decree itself becomes your legal name change order. Take the certified copy to the Social Security Administration first, then the Texas DPS for your driver's license, then your bank. No separate court proceeding is required.

Does Texas require a parenting class before the divorce is finalized?

Many Texas counties require both parents to complete a parent education and family stabilization course (co-parenting class) before the prove-up when minor children are involved. The requirement comes from Texas Family Code Section 105.009. The course costs $25, $75, takes 4 to 8 hours, and is usually available online. Some courts accept a waiver for good cause.

What happens if my spouse refuses to sign the divorce papers in Texas?

You can still get divorced. Serve your spouse through a process server or constable instead of using a Waiver of Service. If your spouse does not respond within the time allowed (typically 20 days plus the next Monday after service), you can request a default judgment. The court can grant the divorce and divide property based on your petition even without your spouse's participation.

Is Texas a 50/50 divorce state for property?

Texas is a community property state, meaning property acquired during the marriage is owned equally by both spouses. But 50/50 division is not mandatory. Texas courts divide community property in a way that is 'just and right' under Family Code Section 7.001, which can produce an unequal split based on factors like earning capacity, fault, and children's needs. Spouses in an uncontested divorce can agree to any split they choose.

Sources

1. Texas Legal Services Center, texaslawhelp.org – Divorce forms and guided interview: Texaslawhelp.org provides free guided divorce form interviews covering both with-children and without-children Texas divorce scenarios
2. Texas Office of Court Administration, txcourts.gov – E-filing and court forms: Texas OCA operates eFileTexas.gov and publishes uniform OCA-prefixed form numbers including the Civil Case Information Sheet
3. Texas State Law Library, tsl.texas.gov – Divorce self-help resources: Texas State Law Library maintains curated self-help resources and county-specific form links for divorce filers
4. Texas Family Code, Texas Legislature Online – Chapters 6, 7, 8, 152, 153, 154: Texas Family Code Section 6.301 sets 6-month state and 90-day county residency requirements; Section 6.702 establishes the 60-day waiting period; Chapter 154 sets child support percentages
5. Texas Attorney General, texasattorneygeneral.gov – Military divorce guidance: Active-duty service members stationed in Texas may count Texas as domicile for divorce jurisdiction purposes after six months of station
6. Harris County District Clerk, hcdistrictclerk.com – Family law filing fees: Harris County divorce filing fees are approximately $315 without children and $360 with children as of 2024–2025
7. Texas Rules of Civil Procedure, Rule 145 – Statement of Inability to Afford Payment of Court Costs: Texas Rule of Civil Procedure 145 allows courts to waive filing fees for filers below 125% of federal poverty guidelines or receiving means-tested public benefits
8. Texas Family Code Section 7.001 – Division of marital estate: Texas courts divide community property in a 'just and right' manner, which need not be equal and can reflect factors like earning capacity and fault
9. Servicemembers Civil Relief Act, 50 U.S.C. Section 3931 – Military status affidavit requirement: Federal law requires a Military Status Declaration (affidavit of non-military service) in every divorce proceeding, not only those involving military members
10. Texas Family Code Section 105.009 – Parent education course requirement: Texas Family Code Section 105.009 authorizes courts to require both parents to complete a parent education and family stabilization course in suits affecting parent-child relationships
11. Texas Family Code Section 8.051 – Spousal maintenance eligibility: Texas spousal maintenance requires the requesting spouse to demonstrate inability to meet minimum reasonable needs plus one of specific statutory conditions including 10-year marriage duration or family violence