Texas Divorce Forms

Types of Divorce Forms in Texas

There are three types/categories of Texas divorce forms:

  1. uncontested divorce forms (most popular);
  2. attorney assisted divorce forms (most expensive); and
  3. free do-it-yourself divorce forms (most challenging).

If money is not an issue, the attorney assisted divorce is the way to go. If you have experience navigating the divorce process, the free DIY divorce papers may be sufficient. Between the two extremes (free vs expensive) you have the most popular option: uncontested divorce forms.

Uncontested Divorce Forms

Uncontested divorce forms are popular in Texas because they are prepared by someone with knowledge of the divorce process and delivered ready to sign and file. An uncontested divorce is one where both spouses agree on the terms of the divorce. As such, uncontested divorce forms are also called agreed divorce forms.

For a couple hundred dollars, you can have a non-attorney divorce form specialist prepare your uncontested divorce papers for you based on your responses to an online interview. You'll then be able to download your personalized divorce papers along with step-by-step instructions on how to use them. In other words, you can complete your divorce without hiring an attorney but you are not completely on your own.

For uncontested divorce forms in Texas, we recommend Texas 2-Step Divorce. They prepare all of the necessary divorce papers for you and will make sure everything complies with Texas law. The divorce papers are straightforward, easy to use and inexpensive.

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Attorney Assisted Divorce

If you want help throughout the process or just don't want to use do-it-yourself Texas divorce forms, we recommend hiring a local divorce lawyer. This is a must if you have a contested divorce in Texas. A contested divorce is one where the spouses will NOT agree on the terms of the divorce. In other words, the spouses will submit arguments to the court and let the court decide what the terms of the divorce should be.  In this case, you should hire a Texas divorce lawyer to represent you.

Here are some Texas divorce attorneys that have excellent reviews:

Free Texas Divorce Forms

If you decide that you don't need any help and would like to go at this alone, you can use the free forms below. This is only a good idea if you have a lot of time to figure things out, otherwise see "Uncontested Divorce Forms" above.

What forms do I need to file for divorce in Texas?

In Texas, a divorce can be granted with as little as three (3) documents:

  • Petition for Divorce (Petition) - This document is used to initiate the divorce. The spouse that files the petition is called the "Petitioner").
  • Waiver of Service (Waiver) - The Petitioner must give formal notice of the request for divorce to the other spouse (the "Respondent"). Once a copy of the Petition is delivered to the Respondent, the Respondent will typically sign a Waiver indicating to the court that they received notice of the divorce (and a court's deputy does not need to "serve" a copy of the Petition on them).
  • Answer - The Respondent can file a response to the Petition or what is called an Answer. The filing of an Answer makes the Waiver unnecessary as it too informs the judge that the Respondent received notice of the divorce request (the Petition).
  • Divorce Decree (Decree) - This is the court order that outlines the terms of the divorce and makes it official.

Can I file my own divorce papers in Texas?

Any adult can file divorce papers in Texas. Hiring an attorney is not a requirement, but in some cases will be advisable. A lawsuit or divorce initiated without an attorney is called "pro se" which is a latin term meaning "on one's own behalf."

Comments 138

  1. My son filed no contest forms and also waiver from wife in Brownsville tx..he asked them what now he was told they don’t tell him what to do next…and he doesn’t know he paid 350…no one would help him is he contacted or what thanks..he has to get off work just to go downe there and that isn’t easy

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      Generally speaking the petitioner (your son) will need to wait 60 days from the date the petition for divorce was filed and then present the court with a proper divorce decree that includes both spouses’ signatures at a “prove-up hearing”. Each county has a slightly different procedure for how they handle divorce proce-ups (some require that a hearing be set; others have uncontested dockets on certain days of the week or times of day). Your son will need to provide some testimony at the prove-up hearing. The divorce forms should have included this required testimony.

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  2. I don’t see anything on here about a house we both own, does that have to be sold before this filed?
    our agreement is to sell and split the profit, where can I include that ?

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      You can include the details of the arrangement (sell and split profit) in the divorce decree. You should be as specific as possible.

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  3. I haven’t been in contact with my spouse for almost 8 years and I haven’t filed for divorce and I do not wish to speak to him nor have any way of communicating with him. What can I do?

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      You’ll need to give him notice of the divorce filing. This can be accomplished many ways. You’ll want to speak with an attorney to make sure you give proper/legal notice and hopefully he will not file a response and you can get your divorce by default.

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  4. I am looking for paper’s for just a Divorce(no kids, no property) for Walker County, Huntsville, TX. can you point me in the right direction Please.

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      You can file for divorce despite your spouse being in Mexico. If he will agree (i.e. sign the decree), you may not even need an attorney.

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  6. If we have children together but agree on custody arrangements and child support that we figured out can we use the Uncontested Divorce form?

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  7. My husband and I have been separated for months. We don’t have any property or kids together. He has agreed that the car we have in both of our names I can have. The problem now is that he said if I file for a divorce he isn’t willing to sign. What do I do? Do I really need a lawyer or can I do this on my own?

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      You can file a divorce without a lawyer, but it sounds like your spouse is unwilling to make the divorce “agreed” by signing the decree. Perhaps he will not file an answer and you can your divorce “by default” after he fails to file an answer.

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  10. My Fiance is currently serving a life sentence and he is currently married and needing to file for a divorce since he has been incarcerated for the last 11 years and his wife left him after 5 years. Am I able to print out forms and send it to him to start the process ?? He is in Huntsville Texas and they where married in Harris County in Houston Texas.

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  11. My husband and i have no kids together nor anything else. We just want a uncontested divorce. What forms do i need and how much will it cost me to file?

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      Take a look at these Divorce Form Reviews and pick one of the top divorce form providers. They charge $150 – $300 to prepare all of the necessary documentation for you and instructions on how exactly to use the forms. You’ll still have to pay a filing fee of about $250 (depends on the county) to file the petition for divorce.

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  12. I’m filing for divorce from my wife. We are civil. It’s uncontested, we have no children, and basically the only thing of value either one of us have is each other’s cars. We just want it to be over with. She doesn’t want anything from me and vice versa, this SHOULD be a fairly simple process correct?

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  14. My divorce is uncontested, but I want it filed With Cause, Fault Based. Can I still use the Uncontested Form?

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      Most uncontested divorce form providers use the standard no-fault language. You can ask if there forms can be modified to allege one of the fault reasons.

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  15. On my marriage license I put that I wanted to have my name changed however I never got the chance to have it done, so my license and social have my maiden name. When I file will I put my married name or my maiden?

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      You will use your married name in the petition for divorce and ask that your name be changed back to your maiden name. Since you never updated your license or the social security office, you will have less work to do after your name is changed back.

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  16. I need to obtain a copy of my divorce papers from Victoria Texas since my now ex husband refused to send me a copy or even let me know we are divorced.. Document number is. 13-11-75652-D Santiago Cardoso/Karen Cardoso.

    Can anyone help me obtain a copy?
    I live in Ohio..

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      You’ll need to call the Victoria County District Clerk (361) 575-0581 and ask how to obtain the copies you want.

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  17. I don’t have money for a lawyer so I’m trying to do this without involving one. I don’t know where he is and we have not been in contact for over a year. Im afraid to even look for him, so can I have him served? How does that work?

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      You’ll need to get him personally served (i.e. by the constable) or have the court approve an alternate method of service. The latter would probably require an attorney.

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  18. My husband just asked me for a divorce stating he isnt happy anymore. I am permanently disabled and we have a house in his name but acquired during the marriage. I am seeking spousal support and half the equity of the house. Do i need to talk to a lwyer or can i just use documents from the courthouse?

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      You should always talk to lawyer, if possible. DIY divorce forms are good when the terms of the divorce are agreed to by both spouses (as evidenced by signatures on the divorce decree). The decree is where the terms of the divorce are outlined (i.e. spousal support, equity in home, etc.)

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      If the forms you are using have a notary block, then you should probably get them notarized. I can only think of two forms that would need a notary (1) the waiver of service aka waiver of citation; and (2) and affidavit of inability to pay filling fee.

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      The free forms provided by the state are not viable if there is a an existing child support order. You should contact some of the divorce form companies to see if you can use their divorce forms in light of the existing child support order.

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  21. My husband is hot and cold on agreeing to an uncontested yet also has removed my name from all monetary accounts (assuming truth was told about having added me to begin with) & confiscated all cards to prevent me from hiring a lawyer; all the light end of the bs spectrum (like my recent concussion and loss of 2 teeth). How would I go about getting a divorce if I have no guarantee of finances to hire a lawyer, no income (employment has been discouraged for the last 7yrs), & no guarantee he’ll actually sign?

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  22. My husband an I have both agreed about the divorce. He works a lot and can’t get away to go file his answer. Can I file it for him?

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      Anyone can physically file an answer on behalf of the Respondent. Filing a divorce document (like an answer) is as simple as giving the document to the district clerk. Some counties will ask that you e-file documents, so that may force you to scan and file through an e-filing service. If you file the old fashion way (a paper copy filed with the district clerk), you’ll want to bring a copy so they can file-mark the copy for your records.

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  23. I can’t find my husband. I haven’t been able to get in contact with him for five years now. I tried getting in touch with his family and had no luck. Can I still file an uncontested divorce?

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      It is possible to have an uncontested divorce even if you can’t find your spouse. The problem is going to be proving that you gave your spouse notice of the divorce since you can find your spouse. There are statutes that must be followed in connection with giving notice of the divorce and some of which address the situation you are in where you can’t locate your spouse. Once you have given proper/legal notice (and proved that you have done so), the judge can sign the divorce decree without your spouse’s signature unless your spouse files an answer. If your spouse files an answer, the judge will want to see a fully executed decree signed by both spouses. Generally, it is best to have an attorney help give proper notice (and prove it to the court).

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  24. my husband is active duty military and we are residents of Texas but he currently stationed in South Carolina. I moved back to Texas in March. We have children and he has agreed to child support and spousal maintance. How do I file for that or who can I talk to.

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      It sounds like Texas courts will have jurisdiction to grant your divorce. If you need to speak with someone, you can reach out to local attorneys and request a consultation or submit one or more questions (no charge) through Avvo.com and see if any attorneys will respond (they often do).

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  25. I retired from one company and I am receiving a monthly retirement check. I still have a funded supplemental retirement account that I know will have to be addressed, as well as the retirement that I am building with the company i am currently with. But, will the retirement income I am receiving from my previous company be affected and require additional paperwork or an attorney to resolve?

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      The speed of the divorce depends on many things (i.e. the judge’s schedule, whether the divorce is contested or uncontested, etc). Generally speaking, an uncontested divorce in Texas can be completed like this: (1) file petition (1 day); (2) wait 60 days for statutory cooling off period; (3) during this cooling off period, you would provide notice of the divorce to your spouse and get the divorce decree agreed to and signed by both spouses; (4) present fully executed divorce decree to the judge for signature (each judge has a different schedule on when he/she will sign uncontested divorce forms, but it will always be fairly soon after the 60 day cooling off period). An uncontested divorce is MUCH quicker because you do not need to wait for a trial date to get the judge to sign the decree which can be years after filing the petition.

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  27. Will these work if the divorce in uncontested but has agreed to pay me 1100.00 monthly until I ever remarry?

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      Sure! The agreement to pay $1,100/month must be included in the divorce decree and signed by both spouses and the judge in order for it to be enforceable.

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  28. If there is a substantial amount of money involved – but both parties agree to his and hers…. house, personal possessions -.. are there forms here I can use?

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      Jenny,
      Yes, you can use uncontested divorce forms even when substantial assets are involved (unless there are complicating factors like retirement). Most divorce forms do not come with a QDRO (“Qualified Domestic Relations Order”) which is typically necessary to divide retirement.

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          You can read more about QDROs. We do not know of a good form, if you locate one please reply with a link. An attorney is not technically necessary to get QDRO, but it would be recommended.

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  29. My wife originally was going to sign an uncontested divorce decree. She has since changed her mind. What do I do now? The judge can’t sign the divorce papers since she refuses to sign. What do I file now in Johnson County Texas?

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      It sounds like your divorce is now contested. If true, you’ll want to hire an attorney to handle the future paperwork (and any hearings, mediation, and/or trial).

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      Yes, you are referring to the free divorce forms above (the ones where you download the PDF and fill in the blanks). They were published in September of 2015 and they are still up to date as of May 2017. We now offer personalized divorce forms (also above) so you can bypass the confusion associated with the free forms. To use our forms you’ll simply complete an interview, download your personalized Texas divorce forms (and related instructions), print, sign, and file.

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      1. How do I do this? I’m confused and I have never done this before. It’s a Sam sex marriage. I’m disabled and really dont have any money for this. She isn’t contesting it. But she told me Iim the one that needs to file it. Please help

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