The Texas Law Help form is a set of legal documents designed to assist individuals in filing for divorce in Texas, specifically when children are involved. This form is intended for couples who have children under 18 or still in high school and do not have existing court orders regarding those children. Utilizing these forms can streamline the divorce process, but it's crucial to understand the specific requirements and steps involved before proceeding.
The Texas Law Help form, specifically designed for couples with children, serves as a vital resource for those navigating the divorce process. If you and your spouse have children under the age of 18 or still in high school, and there are no existing court orders regarding those children, this form set is tailored for your situation. It is essential to note that even if a family violence protective order is in place, you should still utilize this form set, ensuring that a copy of the protective order accompanies your Original Petition for Divorce. Before diving into the forms, it's crucial to familiarize yourself with the steps involved in filing an uncontested divorce, as outlined in the accompanying instructions. The form set includes key documents such as the Original Petition for Divorce, Waiver of Service, and Final Decree of Divorce, among others. While the Texas Law Help website provides a wealth of information and resources for self-representation, consulting a lawyer can be beneficial, especially if there are complexities in your case. By understanding the requirements and processes laid out in the Texas Law Help form, you can approach your divorce with greater confidence and clarity.
TexasLawHelp Divorce Forms Set B (children together)
Use these Texas divorce forms if:
●you and your spouse have children who are under 18 or still in high school and
●there are no court orders about the children.
Note: If you have a family violence protective order that includes orders about the children, you should still use Form Set B. Attach a copy of the protective order to your Original Petition for Divorce.
Be sure to read How to File an Uncontested Divorce first! You may not need all of the forms listed or you may need additional forms.*
1. How to File an Uncontested Divorce Read this first!
2.Unsworn Declaration of Indigency (Request for Fee Waiver)
3.Original Petition for Divorce
4.Waiver of Service Only (Specific Waiver)
5.Respondent’s Original Answer
6.Final Decree of Divorce
7.Notice of Current Address
8.Out-of-State Parent Affidavit
9.Income Withholding Order for Support
10.Sample Testimony – Divorce With Children
*Additional forms are available at: www.texaslawhelp.org/resource/divorce-with- children-in-texas-1.
How to File an Uncontested Divorce
These instructions explain the steps in a simple, uncontested Texas divorce. Use them with the FREE do-it-yourself divorce forms at www.TexasLawHelp.org.
These instructions are written for people who are “pro se.” Pro se means you don’t have a lawyer.
These instructions are not a substitute for the advice and help of a lawyer. It’s a good idea to talk to a lawyer about your particular situation before filing or responding to a divorce.
Is Your Divorce Uncontested?
Your divorce is uncontested when it is:
agreed – you and your spouse agree about all the issues in your case OR
default – your spouse is given legal notice of your divorce by Official Service of Process, Publication or Posting and does not file an Answer or Waiver of Service with the Court or otherwise appear in the case.
If your divorce is contested, it is best to talk to a lawyer before filing any forms with the Court.
Steps for an Uncontested Texas Divorce
A full description of each step follows. Carefully read all the steps before you begin.
Step 1:
Get help if there has been family violence or you feel unsafe.
Step 2:
Talk to a lawyer about your particular situation.
Step 3:
Determine where to file.
Step 4:
Choose a divorce form set at www.TexasLawHelp.org.
Step 5:
Fill out the Original Petition for Divorce.
Step 6:
File (turn in) your Original Petition for Divorce.
Step 7:
Give “legal notice” to your spouse
Step 8:
Fill out the Final Decree of Divorce.
Step 9:
Wait the required waiting periods.
Step 10: Confirm that your case is uncontested and get ready for court.
Step 11: Go to court to finish your divorce.
© TexasLawHelp.org – How to File an Uncontested Divorce, July 2014
Page 1 of 13
Step 1: Get help if there has been violence or you feel unsafe.
●It’s not a good idea to do your own divorce, without a lawyer, when there has been family violence. Family violence includes physical violence and sexual assault. It can also include threats of violence. You do not need to have called the police or sought medical care to be the victim of family violence.
●If you or your children have been the victim of family violence or if at any time you feel unsafe, get help by calling the:
O National Domestic Violence Hotline at 1-800-799-SAFE (7233) or O Texas Family Violence Legal Line at 1-800-374-HOPE (4673)
Step 2: Talk to a lawyer about your particular situation.
●Divorce cases can be complicated and your property, your money and your rights as a parent may be at risk. Even if you decide to represent yourself, you should see a lawyer for legal advice about your particular situation before filing anything,
●It’s really important to talk to a lawyer if:
O you’re afraid for your or your children’s safety, or O your case is contested, or
O your spouse has a lawyer, or
O you or your spouse has a house, retirement, business, other valuable property or a lot of debt. Talking to a lawyer now, can save you time and money in the long run.
●Need help finding a lawyer? For referral to a lawyer, or if you have a low income to a free Legal Aid program, call the Lawyer Referral Information Service at 1-800-252-9690. Or, go to www.TexasLawHelp.org and click on “Find Legal Help.”
●Just want advice? You can hire a lawyer just to give you advice, review your forms, draft a document or help you prepare for a hearing. This is called limited scope representation. You may then be able to handle the other parts of your divorce yourself.
Go to http://texaslawhelp.org/resource/limited-scope-representation?ref=U6Rdg for more information about limited scope representation.
Do Not Use the TexasLawHelp Divorce Forms if:
OYou or your spouse have an ongoing bankruptcy case.
OYou want to file specific grounds for divorce, such as cruelty or adultery.
OYou want spousal maintenance, referred to as “alimony” in some states.
OYou and your spouse have a disabled child.
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Step 3: Determine where to file.
Residency
Requirements
for Divorce
You can file for divorce in Texas as long as you or your spouse has lived:
●in Texas for at least the last 6 months, and
●in the county where you want to file for divorce
for at least the last 90 days. See Texas Family Code Section 6.301.
●Information for Military Families: If you are serving in the armed forces outside of Texas or other government service outside of Texas or you have accompanied your spouse who is serving in the armed forces or other government service outside of Texas, you may still file for divorce in Texas if Texas has been the home state of either you or spouse for at least 6 months and the county where you plan to file the divorce has been the home county of either spouse for at least 90 days. Time spent away while serving in the armed forces or other government service counts as time spent in Texas and your home county. See Texas Family Code Section 6.303.
●Information for Immigrants: You may file for divorce in Texas even if you do not have legal status in the United States, as long as you or your spouse has lived in Texas for at least the last 6 months and in the county where you want to file for divorce for at least the last 90 days.
Things to consider…
●ififyyourchildrendon’tliveliveininTexasororhaven’tlivedininTexasverylong. .
AATTexasCourtcancannotmakeinitialcustodyandandvisitationordersaboutaachildunless: : 1)1) thethechildhahaslivedininTexasforforatatleastthethelastlast66months(or(orsincebirth),),oror
2)2) Texaswasthethechild’shomestateandandthethechildhashasbebeengoneforforfewerthan66months. .
SeeSeeTexasTexasFamilyFamilyCodeCodeSectionSection152152.201.201. .
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●ififyourspouselivelivesoutsideofofTexas. .
AsAslongasasyouyoumeetthetheresidencyrequirementsforfordivorce,youyoucancangetgetdivorcedininTexasevenif yourif yourspousespouseliveslivesin anotherin anotherstatestate. However,. However,thetheCourtCourtmustmusthavehavepersonalpersonaljurisdictictionoverover youroutout-of-of-state- spousetotoincludeordersininyourdivorcethatthatimposeaapersonalobligationonon yourspouse——suchsuchasasorderingyourspousetotopaypayaadebtororpaypaychildsupport. .
SeeSeeTexasTexasFamilyFamilyCodeCodeSections6.6305,.305,6.6308,.308,102102.011.011andand102102.012.012. .
TheTheOriginalPetitionforforDivorceformincludesaalistlistofofsituationsthatthatgivegivethetheCourtpersonal jurisdictionoverananoutout-of-of-state- spouse. .Checkanyanythatthatapapplytotoyourcase. . Talktotoaalawyerifif noneapapplyororyouyouhavequestionsaboutpersonaljurisdiction. .
© TexasLawHelp.org – How to File an Uncontested Divorce, July 2014.
Page 3 of 13
Step 4: Choose a divorce form set.
●Choose one of the following divorce form sets at www.TexasLawHelp.org. Each set includes multiple forms that you or your spouse will need to fill out and file with (turn in to) the Court. The forms are described on the following page.
O Texas Supreme Court Divorce Form SET 1 (no children, no real property)
Use these forms if there are:
●no minor children and
●no real property (house or land).
These forms are approved for use throughout Texas by the Texas Supreme Court.
These forms come with different instructions.
O TexasLawHelp Divorce Form SET A (no children together)
Use these forms if:
●you and your spouse do not have children who are under 18 or still in high school.
OTexasLawHelp Divorce Form SET B (children together)
●there are no court orders regarding the children.
Note: If you have a family violence protective order that includes orders regarding the children, you should still use SET B.
O TexasLawHelp Divorce Form SET C (children together with final court order)
●you and your spouse have children together who are under 18 or still in high school and
●there is a final court order for custody and support of your children in place and you do not want to change that order.
Note: Do not use the TexasLawHelp divorce forms if you have a court order but: 1) it does not include all the children you and your spouse have together, 2) the order is a temporary order, or 3) you are asking the court to make changes to the order. If one of these situations applies, ask a lawyer to draft the appropriate forms for your case.
if you and your spouse don’t agree on child support.
●if you and your spouse don’t agree on child support.
If you and your spouse don’t agree on child support, the Office of the Attorney General (OAG) mayIf youbeandableyourto helpspouse. Althoughdon’t agreethe OAGon childcannotsupport,representthe Officeeith rofparent,the Attorneythey canGeneralask the court(OAG)to maykebeanableordertoforhelpchild. Althoughsupport,themedicalOAG cannotsupport,representcustody andeithervisitationparent,.they can ask the court to make an order for child support, medical support, custody and visitation.
Once there is a final court order for custody and support of your children, you may use the
Once there is a final court order for custody and support of your children, you may use the TexasLawHelp Divorce SET C for your divorce.
TexasLawHelp Divorce SET C for your divorce.
For information about opening a case with the OAG call 1-800-255-8014 or go to their website For information about opening a case with the OAG call 1-800-255-8014 or go to their website at at www.oag.state.tx.us/cs.
www.oag.state.tx.us/cs.
Page 4 of 13
●Each divorce form set includes a version of the following forms. Additional forms are available at www.TexasLawHelp.org.
Name of Form
What It Is and How to Use It
If you have a low income, receive government benefits because you have a
Affidavit of
low income or you cannot pay court fees, you may fill out this form to ask the
Court if you can file for divorce without paying the court and filing fees. The
Indigency
Court may ask you to present evidence of your income and expenses at a
hearing. The Court may or may not decide to let you file without paying.
One spouse (the Petitioner) fills out and files (turns in) this form at the
Original
courthouse to start the divorce. It tells the Court and your spouse that you
Petition for
want a divorce and states what you want the Court to order in the Final
Divorce
Decree of Divorce. Note: This form must be turned in first, before the other
spouse signs anything.
The other spouse (the Respondent) may fill out this form if she or he does
not want to be served by a constable, sheriff, or private process server with a
copy of the Original Petition for Divorce. The Waiver must be signed in front
Waiver of
of a notary at least one day after the Original Petition for Divorce is filed at
Service Only
the courthouse. This form allows the judge to finish the divorce as long as
(Specific
both spouses have signed the Final Decree of Divorce.
Waiver)
Note: The TexasLawHelp Waiver of Service Only (Specific Waiver) form only waives
the right to be formally served with a copy of the Petition. Other Waiver forms may
also waive the right to know anything else about the case. If someone asks you to
sign a Waiver, read it carefully. You may want to sign an Answer instead.
This form may be used two ways:
(1)If the divorce is agreed, the other spouse (the Respondent) may fill out and sign this form instead of the Waiver of Service Only form. The
Respondent’s
Respondent’s Original Answer form also
allows the judge to finish the
divorce as long as both spouses have signed the Final Decree of
Divorce. The Respondent’s Original Answer form does not need to be
Answer
signed in front of a notary.
(2)If the divorce is not agreed, the other spouse (the Respondent) may fill out and file the Respondent’s Original Answer form to contest the divorce.
Final Decree of
The Judge signs this form to grant your divorce and make orders regarding
your property, debts and children (if applicable). Fill it out ahead of time and
bring it with you to the final divorce hearing.
Notice of
This form must be filed if you or your spouse moves. It tells the Court your
Current of
new address so that the Court can contact you about hearings, etc.
Address
●Divorce form Set B (with children together) also includes the following forms.
Out-of-State
Fill out and file this form if either spouse lives outside of Texas.
Party Affidavit
Income
The Court signs this form to order an employer to withhold child support from
Withholding for
an employee’s paycheck. Fill it out and bring it with you to the final divorce
Support Order
hearing if child support will be ordered.
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Step 5: Fill out the Original Petition for Divorce.
●After you choose a divorce form set, fill out the Original Petition for Divorce form.
→You are the “Petitioner.” Your spouse is the “Respondent.”
→Fill out all the spaces unless instructed otherwise. Print clearly in blue or black ink.
Note: The Petition asks for your address. Your spouse will get a copy of this form. If you are concerned about your spouse knowing your address, call the Family Violence Legal Line at 1- 800-374-4673 for free advice.
●Fill out the Information on Suit Affecting the Family Relationship form.
●Fill out these additional beginning forms only if they apply to your case:
OAffidavit of Indigency – only if you can’t pay the filing fee for your divorce. Call the clerk’s office to learn the fee for your case.
Note: Do not sign this form until you are in front of a notary. Or, if you don’t have the necessary picture identification to get this form notarized attach a completed Unsworn Declaration form. If you receive public benefits (such as foodstamps) attach proof.
OExhibit: Out-of-State Party Affidavit – only if 1) you are filing a Divorce SET B and 2) you or your spouse live outside of Texas.
OAffidavit for Service by Posting or Publication – only if you can’t find your spouse after looking really hard. Read Step 7C for more information.
●Make 2 copies of each form you filled out.
Thingstotoconsider……
●ififtthewifeisispregnant..
IfIfthethewifewifeisispregnant,youyouwillwillnotnotbebeabletotofinishyourdivorceuntilafterthethechildchildisisborn..
IfIfthethehusbandisisnotthebiologicalfather,paternity ofof the child must be established before you
cancanfinishyourdivorce.. GetGetinformationaboutestablishingpaternityatatwww.TexasLawHelp. .org.org..
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●ififyyouneedordersrightaway..
IfIfyouyouneedordersrightaway,, you mayask the Court toto make temporary orders after notice to yourspouseandandaahearing.. Temporaryorderstypicallyy lastuntilthedivorceisisfinished.. Talk to aa
lawyerififyouyouneedtemporaryt orderso .. Your county law library may also have information about temporaryorders..
IfIfyou need a protectiveorderbecauseofoffamilyviolenceviolencecallcallthetheTexasTexasFamilyFamilyViolencenceLegalLegal
Line at 1-800-374-HOPE or the National Domestic Violence Hotline at 1-800-799-SAFE. Line at 1-800-374-HOPE or the National Domestic Violence Hotline at 1-800-799-SAFE.
Page 6 of 13
Step 6: File (turn in) your Original Petition for Divorce.
● File (turn in) your completed Original Petition for Divorce and additional beginning forms to the Court either in person or electronically.
OTo file your forms in person, take the original and 2 copies of your
forms to the courthouse and turn them in at the clerk’s office.
You may use the Texas Civil Courts Guide at www.TexasLawHelp.org to find the address and phone number for the clerk’s office in the county where you plan to file your divorce.
OTo file your forms electronically go to http://www.efiletexas.gov.
●Pay the filing fee (or file your Affidavit of Indigency form if you cannot afford the fee).
●Ask the clerk if there are local rules or procedures you need to know about for your divorce.
●The clerk will:
Owrite your “Cause Number” and “Court Number” at the top of the first page of your Petition. (You should write these numbers at the top of any document you file in your divorce.)
O“file-stamp” your papers with the date and time.
Oask if you want to have your spouse “served.” Served is when your spouse is given legal notice of your divorce by Official Service of Process or by Posting or Publication.
If your spouse will agree to sign a Waiver of Service or Answer, you do not need to have your spouse served. Follow the instructions set out in Step 7A.
If your spouse will not agree to sign a Waiver of Service or Answer, you must have your spouse served by Official Service of Process. Follow the instructions set out in Step 7B.
If you can’t find your spouse, you must have your spouse served by Posting or Publication. Follow the instructions set out in Step 7C.
●if your children get Medicaid or TANF or got it in the past.
You MUST send a file-stamped copy of your Original Petition for Divorce to the Office of the Attorney General Child Support Division by commercial delivery, fax, email, personal delivery or through the electronic filing manager if:
1)you and your spouse have children together and
2)the children get Medicaid or TANF or got it in the past. See Texas Family Code Section 6.301.
Get contact information for the Attorney General child support office in your area at www.oag.state.tx.us/cs/fieldoffices.php. Bring proof of delivery when you go to court.
●if you and your spouse don’t agree.
If you and your spouse don’t agree on the terms of your divorce, you may want to consider mediation. In mediation, an independent person (the mediator) will try to help you reach an agreement. The divorce process is usually easier when you have an agreement. Be sure to talk to a lawyer first. A lawyer can help you understand your options and negotiate a fair agreement.
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Step 7: Give “legal notice” to your spouse.
●Your spouse has the right to know that you have filed for divorce. You cannot simply tell your spouse or send your spouse a letter. You must use a legally acceptable way to give your spouse notice and prove to the Court that you did so.
●Here are 3 ways to give “legal notice” to your spouse:
7A - Waiver of Service or Answer (Use this way if your divorce is AGREED.)
7B - Official Service of Process (Use this way if your divorce is NOT AGREED.)
7C - Posting or Publication (Use this way if you can’t find your spouse.)
●Each way to give legal notice is described below. Choose the way that bests fits your situation.
7A. Waiver of Service or Answer (Use this way if your divorce is AGREED.)
●You may give your spouse legal notice by Waiver of Service or Answer if
your spouse agrees to sign the Waiver of Service Only (Specific Waiver) form or the Respondent’s Original Answer form.
● Follow these steps:
1. Mail or hand-deliver to your spouse:
a)a file-stamped copy of your Original Petition for Divorce, and
b)a blank Waiver of Service Only (Specific Waiver) or Respondent’s Original Answer form.
2.If your spouse plans to sign the Waiver of Service Only (Specific Wavier) form, tell him or her to sign it in front of a notary at least one day after you filed the Petition. Otherwise your spouse will have to redo it.
3.File the completed Waiver of Service form or Answer form at the courthouse.
TIP: If your divorce is agreed, your spouse must also sign a completed Final Decree of Divorce (Decree) form. It may save you time to fill out the Decree now and send it to your spouse with the Waiver of Service Only (Specific Waiver) or Respondent’s Original Answer form. You may also wait until later in the process to fill-out the Decree.
Warning: Do not hand-deliver any papers to your spouse if there has been violence during your relationship, especially if a judge has signed a Protective Order ordering you or your spouse to stay away from the other. Mail or give legal notice by Official Service of Process instead.
Page 8 of 13
7B. Official Service of Process (Use this way if your divorce is NOT AGREED.)
●Official Service of Process is when your spouse is formally given legal notice of your divorce by a constable, sheriff, private process server or the clerk.
●Give legal notice by Official Service of Process if your spouse will not sign the Waiver of Service or Answer form or you do not want to have personal contact with your spouse.
●Follow these steps to give legal notice by Official Service of Process:
1.Tell the clerk where you filed your Petition that you want to have your spouse “served.” The clerk will print a form called the “Citation” that tells your spouse you have filed for divorce. The clerk will attach a copy of your Petition to the Citation.
2.Tell the clerk whether you want your spouse served by:
a.personal service (this is the better way), or
b.certified mail return receipt requested.
Each way is described below.
3.If you choose personal service, send the Citation (with a copy of your Petition attached) to a constable, sheriff or private process server in the county where your spouse will be served.
4.The constable, sheriff, private process server or clerk will fill out a Return of Service form. Make sure the Return of Service form is filed at the courthouse.
What is personal service?
Personal service is when a constable, sheriff or private process server gives your spouse the divorce paperwork in person. The constable, sheriff or private process server then completes a Return of Service form stating when your spouse was served. The Return of Service form is proof to the Court that you gave your spouse legal notice. Your spouse does not have to sign anything.
Note: The Return of Service form must be filed at the courthouse at least 12 days before your final hearing.
What if my spouse is in jail or prison?
Use personal service if your spouse is in jail or prison. DO NOT use service by certified mail because your spouse will not be able to sign for the letter.
What is service by certified mail?
Service by certified mail is when the clerk (or constable) sends your spouse the divorce paperwork by certified mail return receipt requested. The return receipt (or “green card”) must be signed by your spouse. Only use this way if you know that your spouse is the only person who will sign for the letter when the post office delivers it. If someone else signs or your spouse does not sign his or her name exactly as it is written on your Petition, you will have to pay another fee and have your spouse served a different way.
The clerk (or constable) will complete a Return of Service form stating when your spouse was served. The Return of Service form must be filed at the courthouse at least 12 days before your final hearing.
●If you can’t find your spouse, you must give your spouse legal notice by posting or publication depending on your case. Find forms and instructions for service by posting and publication at www.TexasLawHelp.org.
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How Much Does It Cost to Register a Business in Texas - The Texas SOS Payment 807 form is used for submitting payments for processing documents with the Texas Secretary of State.
How Old Do You Have to Be to Work at a Prison - The PERS 282 form features a duty to disclose clause concerning any sexual or workplace misconduct during employment or with previous employers.