How to File For Divorce in Texas Form

In the case of wanting to file for a divorce in the State of Texas, the following form can be used as a reference on the steps of the divorce process in the state.

Extracted Text for Proper Search

. Determine if you qualify to file for divorce in Texas	. Under Texas law, one of the divorcing parties must have resided within the state of Texas for the previous 	
6 months, before a party may file for divorce in Texas.	
.2	
Determine where to file the divorce	. In Texas, state District Courts have jurisdiction over divorces. District Courts that handle divorces are called Family District 	
Courts. Other District Court may hear family law matters, but are not termed Family District Courts. To determine where to file your divorce, choose the Court 	
closest to you, listed as a Family District Court, or a Court which gives preference to family law matters, listed on pages 7 and 8 of the 	Subject Matter Jurisdiction 	
pamphlet	 published by the state of Texas.	
.3	
Obtain the proper forms	. The forms you use will depend on whether you and your spouse have children together and if you agree on all issues. The following 	
information should help you locate the forms specific to your situation.	
All filers. A case information sheet must accompany all civil filings in the state of Texas. A	fillable case information sheet	 in pdf format is located on the Texas 	
Court’s website.	Instructions for the information sheet	 are also provided.	
Uncontested divorce without minor children. If you and your spouse agree on property and debt division, do not have any minor children together, and the 
wife is not pregnant, you can use the forms provided by TexasLawHelp.org. 	Instructions for completing the forms	 are also provided.	
Uncontested divorce with minor children. If you and your spouse agree on property and debt division, child custody, visitation, and support, you may use 
these 	forms provided by TexasLawHelp.org	 for divorces with children, . Instructions are provided along with the forms.	
Contested divorce with or without minor children. You may use the same forms located in the Texas Bar Association’s 	Pro Se Divorce Handbook	, beginning 	
on page 40.	
.	
.4	
Complete the forms	. Forms should be completed by typing or printing neatly in blue or black ink. Some guidelines for completing the forms include:	
Provide complete information. Be sure to answer each questions completely and fill in every blank that applies to your situation.
You may leave the cause or cause number blank, the Court Clerk will fill this in when you file the documents with the Court.
Calculate Child Support correctly. To determine what child support should be, use the 	child support calculator	 provided by the Travis County Court.	
Get Help if you need it. If you are unsure what information is being requested, ask the Clerk of the Court for help. If you need additional assistance, which 
the Clerk cannot provide, you may ask a friend or family member for help, or consider hiring a paralegal, legal document preparer, or attorney to assist you 
in completing the forms.	
.	
.5	
File the divorce forms	. Call the Clerk’s Office at the proper court and ask how many copies of each form you will need and what the filing fee will be. Make the 	
appropriate number of copies and take to the Clerk’s office along with the filing fee, which should be in cash, as the Courts do not accept personal checks or debit 	
cards.	
.6	
Provide your spouse with notice of the divorce filing	. Notice of the filing may be accomplished using one of the following methods of service:	
Waiver of Citation. If your spouse signs a Waiver of Citation, you are not required to provide him or her with a copy of the divorce petition, or any other 
filings, and he or she will not be required to attend any hearings. This is generally used only when divorcing parties are in complete agreement on all issues 
and will not ask for any hearings.
Answer. If your spouse wishes to receive copies of your filings, but does not wish to attend any hearings, he or she may file an answer to your divorce 
petition instead of a Waiver of Citation. This is generally only used when the parties are in complete agreement on all issues and will not ask for a hearing.
Service in person or by mail. If your spouse does not agree to the divorce or you are not in agreement on all issues, you may wish to serve him or her in 
person, by hiring a process server, or by registered or certified mail.
Service by publication. If you are not able to find your spouse, you may wish to serve him or her by publication. This means publishing notice of the divorce 
filing in a newspaper of general circulation in the last city or town where he or she was known to reside. To serve a party by publication in Texas, you must 
obtain the permission of the Court. In order to do this, you will need to file an affidavit with the Court stating that you are unable to find your spouse, after 
making an honest effort to do so.	
.	
.7	
Prepare for your hearing	. If you and your spouse are not in agreement on all issues, you will have a hearing where you will need to convince the Court that the 	
issues should be settled in your favor, or the way you want them to be settled. Some things you should do to prepare for your hearing:	
Consult the Texas Family Code. Read or skim through the 	Official Texas Family Code	 so that you have an idea what factors the Court will consider and 	
what type of evidence you will need to present.
Familiarize yourself with the Texas Rules of Evidence. In order to present evidence in Court, it must meet certain standards and be submitted in a particular 
way. Read through the Rules of Evidence so that you have an understanding of what is permissible and will be able to get your evidence admitted. You can 
find the 	Texas Rules of Evidence	 on the Texas Courts’ website.	
Attend some divorce hearings. Call the Court to find out when other divorce proceedings that you may sit in on will occur. Watch two or three hearings so 
that you can become familiar with the procedure and rules of Court.
Gather and prepare your evidence. Talk to your witness and make sure they know what you will ask them in Court, when they need to be there, and how 
they should dress. Make enough copies of any documents you intent to use as evidence, so that your spouse or his or her attorney and the Court can each 
have one.	
.	
.8	
Attend your hearing	. Whether the divorce is contested or uncontested, the filing party must appear at a hearing.	
If you and your spouse are in agreement on all issues, you may appear without your spouse at a uncontested docket hearing, which will take approximately 
10 minutes. You should bring all of your Court filings to the hearing. You may also wish to read page 5 of the Texas Supreme Court’s Divorce Kit, entitled 
“Are you ready for Court	”.	
If you and your spouse are not in agreement on all issues, you will both have to appear and present your evidence at a hearing that may last anywhere 
from a few minutes to a few days.

.	
.9	
File your Final Divorce Decree and Information on Suit Affecting the Family form	. The Court will not prepare your Divorce Decree for you. It is up to you to 	
prepare this document, according to the orders of the Court, and file it for the Judge to sign. The Judge will not sign the Decree until it has been 61 days from the 
date of filing of the Petition for Divorce. You will also need to obtain an Information on Suit Affecting the Family or B.V.S. form from the Clerk and file it along with 	
your Final Decree.