Forms for No Fault Divorce Without Children in Texas

By Heather Frances J.D.

Regardless of where spouses marry, they can typically divorce in the state where they live, according to that state’s laws. If you live in Texas, you can file your own paperwork with the clerk of the district court in your county, or you can use an online legal documentation service to prepare and file all your divorce paperwork.

No-Fault Divorce

Like all states, Texas permits no-fault divorce. This means neither spouse must prove the other spouse is responsible for the divorce, as is the case with fault-based divorce. Texas’ ground, or reason, for no-fault divorce is “insupportability.” This means the marriage cannot continue because the spouses cannot get along and cannot resolve their differences. It does not matter why you and your spouse disagree or whether you have tried to work out your differences through counseling or other methods.

Petition

Your Texas divorce begins when you file a Petition for Divorce with your local district court. This petition must include basic information about you and your spouse, including your names, driver’s license numbers, Social Security numbers, and date and place of your marriage. You must disclose what property you own, including your vehicles and other personal property. Your petition also must explain why the court has authority to hear the case, such as a statement that you have lived in Texas for at least six months. If you want to divorce sooner than 60 days after you file, you must ask for a waiver of the waiting period based on some evidence of family violence.

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Other Forms

Your divorce may include other forms in addition to your petition. For example, your spouse may sign a Waiver of Citation indicating that he is waiving his legal right to be served with the divorce papers by official service or know about any orders you have requested from the judge. Alternatively, your spouse can file an Answer, indicating his agreement with the information supplied in your petition and desire to know of any orders you request. You’ll also need to fill out a Final Decree of Divorce for the judge to sign. This must include much of the same information as your petition, along with a specific description of how your marital property is to be distributed. After the divorce is final, you must provide a vital statistics form to report your divorce for record-keeping purposes.

Marital Settlement

You and your spouse may file a marital settlement agreement during the divorce process if you have property and debts to divide and agree on how to split these items. A marital settlement agreement may also cover other topics, such as spousal support. Your agreement must include identifying details about you and your spouse, along with the background of your divorce proceedings and all the details of your agreement. For example, if you and your spouse agree to sell the family home and split the proceeds, you would describe this in your settlement agreement.

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What Does Georgia Require for a Divorce?
 

References

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How to File for a Divorce Even When the Other Spouse Does Not Want to Sign the Papers

Only under one circumstance would you need your spouse to sign papers so you can get your divorce. You need her signature if you’re in agreement regarding the divorce and want to file a joint petition to hasten the process along. If that’s not the case, you can file a petition on your own; this would not require her signature. When you do this, your spouse has no way of stopping you or blocking your divorce from finalization.

Do-it-Yourself Divorce Documents for Michigan

Like other states, Michigan allows divorcing couples to file their own paperwork with the court without the assistance of an attorney. This is a particularly helpful option if you and your spouse still get along enough to agree on the major terms of your divorce such as property division and child custody arrangements. While you can draft your own documents, an online legal document provider can help make this process easier for you and your spouse.

How to Write a Divorce Complaint in Tennessee

The process of filing for divorce in Tennessee begins when you file a divorce complaint, also known as a petition for divorce. Like all states, Tennessee provides for no-fault divorce, meaning that neither party has to show the other was at fault to obtain a divorce. If you and your spouse can agree on the terms of your divorce, you can file for an uncontested, no-fault divorce. Your local court can provide all the divorce forms you'll need. You can also use an online legal documentation service to prepare and file all of your divorce paperwork.

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