What a Texas Divorce Actually Involves
For most people, divorce isn’t just an argument or living apart. In Texas, it’s a formal court process. It changes your legal status, splits property and debts. If you have kids—sets custody, parenting time, and support.
Even in a friendly “we agree on everything” divorce, the court won’t approve it until you file the right forms, wait the required time, and submit a complete Final Decree. The process can feel slow and technical. The good news: if you and your spouse mostly agree, you can follow the uncontested steps and use YourForms to handle the paperwork and stay organized.
What you need to do
Step 1. Find out where you’re allowed to file
Before you do anything else, you need to be sure you’re using the correct court. In Texas, at least one spouse must have lived in the state for the last 6 months and in the county where you file for at least the last 90 days. You then file in the district or county court that handles divorces for that county, and many of these courts also have their own local “standing orders” that automatically apply to every new divorce case.
Step 2. Confirm that you qualify for an uncontested Texas divorce
This guide is for amicable, uncontested cases. That means you and your spouse either already agree, or are willing to agree, on the big issues: ending the marriage, dividing property and debts, and whether there will be spousal support. If you have children, you also need to agree on where they’ll live, how parenting time will work, and what child support and medical support will look like. If you can’t reach agreement on one or more of these points, you’re moving into contested territory, where most people end up hiring lawyers and going through a longer, more expensive process.
Step 3. Find and choose the right Texas divorce forms for your situation
Once you’ve confirmed the correct county and that your divorce can be uncontested, you hit the next wall: forms.
Texas doesn’t have “one single divorce form”. Instead, there are dozens of legal forms, and different sets apply depending on whether:
- you have no children together,
- you have minor children,
- there is already an existing court order about the children, or
- this is a same-sex divorce.
Common forms you’ll likely need:
- Original Petition for Divorce (Set A, B, C, or D) – starts your case and tells the court what you’re asking for.
- Final Decree of Divorce (Sets A–D) – the long, detailed order the judge signs at the end.
- Civil Case Information Sheet – basic case data many courts require at filing.
- Information on Suit Affecting the Family Relationship – extra information the court needs in cases involving children.
- Statement of Inability to Afford Payment of Court Costs – if you ask the court to waive filing fees.
- Waiver of Service (Sets A–C) – used if your spouse agrees to waive formal service and sign in front of a notary.
- Affidavit for Prove-Up of Agreed Divorce (with or without children) – a sworn statement you may use instead of live testimony in some courts.
- Sample Testimony for Divorce (variants with/without children, same-sex, etc.) – scripts used at your prove-up hearing in some counties.
- Order Restoring Name Used Before Marriage – if one spouse wants to go back to a prior name.
- County-specific Standing Orders and notices (Bexar, Dallas, Wood, McLennan, Rusk, Wise, Kaufman and others each have their own).
When minor children are involved, additional forms are usually required, such as:
- Standard Possession Order – the standard Texas parenting-time schedule, often attached to your decree.
- Income Withholding for Support – an order that lets support be taken directly from wages.
- Record of Support Order – summary of support obligations.
- Child-specific versions of:
- Affidavit for Prove-Up of Agreed Divorce (With Children).
- Sample Testimony for Divorce with Children.
One more pitfall: Texas courts periodically update these forms. Submitting an outdated version (e.g., from a blog or third-party site) can lead to rejection or a requirement to refile using the current form.
With YourForms:
You don’t have to guess which “Set A/B/C/D” or “with/without children” applies. Based on your answers, we select the correct, court-approved Texas forms and keep them updated as courts change templates.
Step 4. File your case and notify your spouse
Once your Original Petition for Divorce and any required coversheets are ready, you file them with the correct court in your county and pay the filing fee (or submit a Statement of Inability to Afford Court Costs if you qualify). After the case is opened, your spouse must be formally notified: in amicable cases this is usually done by having them sign a Waiver of Service in front of a notary and filing it with the court, instead of paying a sheriff or process server.
Step 5. Work out your divorce agreement with your spouse
While the case is pending, you and your spouse need to reach a full agreement on property and debts, any spousal support, and, if you have children, your parenting schedule and child support. The more clearly you write this out now, the easier it is to turn it into a Final Decree the judge can sign without sending you back for changes.
Step 6. Draft, sign, and notarize your final orders
Once you and your spouse agree on the terms, you need to turn that into court-ready forms:
- Complete the full Final Decree of Divorce and, if you have children, any required child-related orders (such as a Standard Possession Order and Income Withholding for Support).
- Make sure details match across every form — names, addresses, case number, dates, property, support amounts, and parenting terms.
- Sign all documents and notarize those that require it.
- Check that you’re using the current versions of each Texas form, as outdated templates are a common reason filings are rejected or sent back.
With YourForms:
You fill everything online; we pre-populate all forms, keep data consistent, show exactly where to sign, and offer online e-sign and online notarization.
Step 7. Prepare your case for court (what to file now and what to bring later)
Once your forms are completed and signed, you still need to get them in front of the judge. In Texas, what you file now and what you bring to your final hearing depends on your county and on your type of case (without children / with children / with children and an existing order / same-sex).
Typically:
- Some documents are filed with the clerk in advance (your petition, any Waiver of Service or Answer, fee-waiver papers, and sometimes your signed Final Decree).
- Other documents you simply bring to court on the day of your hearing, depending on your county and case specifics (for example, the fully signed Final Decree, child-support and parenting orders, and any prove-up affidavit or sample testimony).
How YourForms makes a Texas divorce easier.
Divorce is hard. The paperwork doesn’t have to be.
Instead of hunting for forms, worrying about mistakes, and guessing what happens next, you answer clear questions online and we guide you through preparing the right Texas documents with step-by-step instructions.
Divorce process with YourForms:
Smart Form Selection
You answer a few simple questions and we build the right list of Texas forms for your situation.
Up-to-Date Texas Forms
We use Texas-approved templates and keep them current, so you’re not rejected for using outdated forms.
Guided Completion
You complete your documents through smart fields; we prefill repeated details and guide you through the rest.
Clear Signing & Notarization
We show exactly what needs a signature and what must be notarized, based on your case.
Filing Guidance
You get simple, step-by-step instructions for filing your forms and preparing for your court date.
Real Human Support
If you get stuck, our team is available by chat and email — real people, not bots.
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