To proceed with an uncontested divorce in Texas, you need to file a Petition, which tells the court that the spouses intend to divorce. You and your ex must then file a Waiver of Service or an Answer, which contains the details of the agreement and that both spouses have been served. You will likely fill out financial disclosures, then the court will then review the Final Decree and grant the uncontested divorce if it finds that all legally required elements have been met.
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Here is a list of the most common divorce forms in Texas:
- Civil Case Information Sheet
- Exhibit: Out-of-State Party Declaration (required only if your spouse lives out of state)
- Statement of Inability to Afford Payment of Court Costs (use only if you are unable to pay the divorce filing fee)
- Order Restoring Name Used Before Marriage
If you are filing for divorce in Texas and do not have minor children together:
- Original Petition for Divorce (heterosexual couple without children)
- Original Petition for Divorce (same-sex couple without children)
- Information on Suit Affecting the Family Relationship
- Waiver of Service Only (Set A or D) or Respondent’s Original Answer (Set A or D)
- Required Initial Disclosures form
- Final Decree of Divorce (heterosexual couple without children)
- Final Decree of Divorce (same-sex couple without children)
- Affidavit for Prove-Up of Agreed Divorce Without Children
If you are filing for divorce in Texas and do have minor children together:
- Original Petition for Divorce (with children)
- Waiver of Service Only (Set B) or Respondent’s Original Answer (Set B)
- Required Initial Disclosures Form
- Final Decree of Divorce (Set B)
- Child Visitation and Possession Orders
- Standard Possession Order Form
- Income Withholding Order for Support
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