What Forms Are Filed for a Texas Divorce?

By Wayne Thomas

Completing and filing the correct paperwork is an important part of initiating a divorce in Texas. While the exact documents that need to be filed can vary from county to county, all Texas divorces start with submitting a petition and notice of citation to the appropriate court. Additional forms and information are required of parties with minor children or property, and temporary and protective orders are available to spouses in need.

Completing and filing the correct paperwork is an important part of initiating a divorce in Texas. While the exact documents that need to be filed can vary from county to county, all Texas divorces start with submitting a petition and notice of citation to the appropriate court. Additional forms and information are required of parties with minor children or property, and temporary and protective orders are available to spouses in need.

The Petition

All divorces in Texas begin with the filing of a petition. The type of petition will differ in form and substance depending on whether you have any minor children or property to be divided. If there are no children or property, the petition need only provide basic information about the marriage, how long each party has lived in the state, and include your signed request for divorce. Parties with children and property need to provide more detailed content in the petition, including the names and ages of the children and a description and location of all real property and other assets the parties wish to divide, such as pensions or 401(k) forms.

Divorce is never easy, but we can help. Learn More

Citation

Every divorce petition must be accompanied by a receipt or waiver of service, known as a citation or waiver of citation in Texas. The purpose of the citation is to provide notice to the non-filing spouse that a divorce action has been initiated. If the non-filing spouse is willing to accept the citation by mail or in person, he or she may sign the waiver and it can be included with the petition. If the non-filing spouse is unwilling to sign the waiver, it needs to be served by a sheriff or by the court through registered mail. If the petition is served by the sheriff, you must file a copy of the citation with the court.

Additional Forms

As part of the Texas divorce petition, a case information sheet is required. The case information sheet is used for administrative and statistical purposes and requests basic information about each spouse and the marriage. For parties with minor children, a Suit Affecting Parent Child Relationship may need to be filed. The SAPCR form is also for administrative purposes and requests information about the children, including whether establishing child support and paternity are part of the divorce.

Optional Forms

Depending on the nature of your case and where it is filed, additional forms may be necessary. If you or your child has been the victim of domestic violence, you may file a written request for a protective order. You may also request temporary orders regarding custody, support and property either with the petition or by motion at a later date. Further, some counties require you to file a divorce decree along with the petition, and in other counties the court handles this step for you. The divorce decree is a proposed order dissolving the marriage for the judge to sign.

Divorce is never easy, but we can help. Learn More
Paper Work for a Divorce in the State of Indiana

References

Related articles

How to File for an Uncontested Divorce Without an Attorney in Texas

In an uncontested divorce, both spouses agree about all the terms of the divorce, such as division of property, child custody and support payments. Filing an uncontested divorce in Texas tends to be easier and faster than a contested divorce, which usually requires a trial in front of a judge. Because no trial is required, an uncontested divorce can be accomplished without an attorney. In Texas, the procedure for filing an uncontested divorce, especially where no minor children are involved, is straightforward.

How to Change a Child's Name in Texas

Texas laws allow you to legally change a child's name by filing a petition in court. Both parents and any other person who has a court-ordered right and interest in the child must grant consent. Children ten years of age or older must also grant written consent to the name change. The petition and all other necessary forms are filed in the Texas District Court of the county in which the child resides.

How to Get a Divorce in New York State

All divorces in New York state are granted by the Supreme Court of New York. The exact steps involved in getting a divorce in New York depends on whether the divorce is contested or uncontested, and on whether there are any minor children or property disputes involved. In an uncontested divorce, the spouses agree on the reasons for divorce and on the division of property and amount of support. In a contested divorce, the spouses do not agree. In a contested divorce, a judge will often decide the terms of the divorce settlement. In New York, all divorces use the forms provided by the County Clerks office.

Get Divorced Online

Related articles

How to File an Original Petition for Divorce in Texas

The filing of an Original Petition for Divorce is one of the first steps in the Texas legal divorce process. The ...

New York Divorce Papers

Completing and filing the appropriate paperwork can help minimize unnecessary delays in the divorce process. In New ...

Divorce Papers for Washington State

Even in cases where a couple agrees to get divorced, the process can seem like it takes forever. This is due in part to ...

How to Probate a Will in Arkansas

Probating a will in Arkansas allows you to settle the estate of your loved one. Probate is the legal proceeding used to ...

Browse by category
Ready to Begin? GET STARTED