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You will need certain forms to complete your divorce whether
you do your divorce yourself or have a lawyer represent you. What forms you will need will depend on whether or not you have kids from the marriage, if you have meaningful assets (or debts ), and how complicated your divorce may become.
Lawyers will do it all for you at their rate per hour. If you are looking for a way to cut costs, you might consider completing the forms IN ADVANCE of meeting with a lawyer. You can find those divorce papers here. In some locations, you can get some of these forms free from the county clerk's office. We find many prefer to avoid the travel, parking costs and hassles of having to pick them up and instead conveniently download them to their computers. |
Keep your children out of the middle of your divorce.
Choose a Child-Centered divorce instead
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Child Custody Laws in Texas
| Q. |
What is the difference between the terms "child custody" and "conservatorship". |
| A. |
The legal system uses the term "conservatorship" instead of custody. The
terms are interchangeable. |
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| Q. |
Please explain "conservatorship"? Which parent
is likely to get physical custody of the children? |
| A. |
The parties have the opportunity to agree on a parenting
plan, visitation schedule and
custody agreement, but if they are unable to agree, the court will intervene and impose custody particulars. In the absence of
any abuse or unfit parenting, Texas family code presumes that awarding joint custody ("conservatorship") is in
the best interest of the child. Despite laws stating there should be no gender bias when awarding child custody,
courts award custody to Mothers in over three-quarters of all cases. |
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| Q. |
Many states will consider a child's preference as to which parent he or she wishes
to live with. Is there such an age in Texas divorce laws? |
| A. |
Courts may consider a child's wishes at age 12, but are not obligated to the preference. |
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| Q. |
When would I need a child custody order? |
| A. |
If you're currently married and in the process of divorce or separation, you would need
a custody order. |
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| Q. |
Any suggestions on what we might include in a visitation agreement? |
| A. |
We would recommend you consider drawing up a visitation
agreement and/or a parenting plan, which should
include language that defines which parent will pick up and drop off children, what each will do if one parent becomes habitually
late, a provision for the right to be called first if the parent caring for the children needs to make other arrangements
such as finding a sitter, and how much much exposure they'll want for their children should a new partner enter either parents
life. Issues such as having those new partners stay overnight should be decided. Include any other matters that would reduce
the friction in the future. Or..use a Parenting
Plan Template, and avoid leaving out important details. |
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| Q. |
It appears I'm headed toward a big fight over who gets custody of my child- me or my ex.
What can I do to give me an advantage? |
| A. |
In the end, child custody laws in Texas empower the family court to decide on child custody
based on the best interests of your child, but you can make sure your side is very prepared to present your case in its best
light. Child Custody Strategies™ provides a library of information that gives you the edge in Child
Custody Battles. |
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Texas Child Support
The good news is that your
child will be protected financially. The bad news is if you're looking for long-term alimony, you'll likely be disappointed.
Everything is big in Texas it would seem, except alimony.
State child support laws provide that in cases where a marriage annulment or marital annulment is sought, and
there are children of the marriage, that those children be afforded the same rights, protections and parental financial support,
including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.
If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the court
will make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education
of minor children, by either spouse, or out of the property of either spouse, as the court deems appropriate.
| Q. |
Child support laws have set percentages that must be taken
from parental income, right? What are they? |
| A. |
In situations in which the payer nets $6000 per month or less, the following guidelines
will be applied: 1 child 20% of income, 2 children 25%, 3 children 30%, 4 children 35%, 5 children 40%,
6 children not less than 40%. These are applied to gross
income (before taxes are taken out). |
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| Q. |
For how long does child support have to be paid? Is the age 18 at
which time it ends? |
| A. |
Child support will continue until the child reaches the age of 18 or when they graduate from high
school, whichever occurs later. |
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| Q. |
Do state laws mandate that medical coverage or health insurance for family
members be continued after the divorce is final? |
| A. |
In most cases health insurance coverage is ordered to continue, often paid by the individual
earning the higher income. Medical insurance for a spouse is often terminated with the dissolution of the marriage unless
that parties have negotiated it to continue, or the judge orders continued coverage. |
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| Q. |
How is child support calculated for state residents? |
| A. |
Residents must adhere to child support guidelines found in state
divorce laws. TX child support for children is calculated by multiplying the proper percentage by the paying parent's net
income. The net income is determined by subtracting 5 items from the parent's gross income. Those 5 items are: federal
income tax, social security taxes, state income tax, any union dues and health insurance premiums for the children. |
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| Q. |
How is support supposed to be paid? |
| A. |
In nearly every case courts will order TX child support to be paid directly to State
Disbursement Unit and then on to its destination. To encourage payment to the State Disbursement Unit, divorce laws in Texas
require that any payment not made according to the court order be considered 'gifts' and not credited toward one's child
support obligation. Most court orders include a wage assignment, making this issue moot, but
all other payments that qualify as child support should go through the SDU. |
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| Q. |
My ex plays games, and denies me visitation, or parenting time. Can I withhold my
child support payment because she is held in contempt of court? |
| A. |
Absolutely not. You must continue to pay child support, and have the option of bringing
an enforcement action against her. |
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| Q. |
How long does child support in Texas need to be paid? |
| A. |
Child support in The Lone Star State must be paid until each child reaches the age
of 18, unless the child is still in High School, in which case TX child support will be paid until the child graduates from
High School. |
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| Q. |
I understand there is a division of child support for this state that has information on child support
guidelines and a child support office I can contact. Is it OAG Child Support Interactive? |
| A. |
You heard correctly. Texas does have a division of child support and a child support office, and it is
a system that has won awards for how helpful it is to parents needing assistance with child support services. It is a section
of the web site attached to the Texas Attorney General's web site, and it is referred to as Child Support Interactive, or
OAG Child Support Interactive, or Texas Child Support Interactive. The site provides information and laws surrounding child
support in Texas. Visitors can use the web site to receive child support payment from the non-custodial parent, apply for
services that the web site and the state of Texas offer, check the status of a case or the status of payments, and many other
features. You must first have a child support case in the system, which means you will need an order from the court detailing
child support payment due. Access is by a Customer Identification Number (CIN#), effectively contacting the office of the
Attorney General once you have a court order for child support. The site allows you to apply
on-line for a CIN#. |
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| Q. |
Can the OAG Child Support Interactive web site get my ex to pay child support? |
| A. |
The OAG Child Support Interactive site has staff and lawyers that can guide you through the process,
but do not represent you. If you can afford an attorney, you should consider that. From our perspective, unless your ex has
significant income or assets, the prohibitive cost of legal representation might suggest you use the OAG Child Support Interactive
web site. Basically, what are the odds of collecting? Low probability= the OAG Child Support
Interactive web site. High probability = your own lawyer. |
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| Q. |
How do I find out how much my former boyfriend will have to pay in child support? Is there a child support
calculator somewhere? |
| A. |
The OAG Child Support Interactive
web site has a child support calculator there, or you can go to AllLaw.com and use a child support calculator for Texas residents
there. |
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| Q. |
If I want to use the Child Support Interactive resources but want to do it in person at a local child
support office, can I? Where do I find a list of nearby offices? |
| A. |
OAG Child Support Interactive has offices all over the state. Plug in your Zip Code here. |
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| Q. |
When does the obligation of child support end in Texas? |
| A. |
Child support ends when the child reaches age 18, or graduates from High School, whichever is later. |
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| Q. |
What is the child support formula and what do they mean by adjusted income? |
| A. |
Adjusted income pertains to both parents' income less some deductions. First determine the gross monthly
income of each parent. Subtract preexisting alimony and child support paid to a third party and subtract alimony received
in this case. That is adjusted income. |
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 Parental Visitation
Co-Parenting
| Q. |
Can us parents determine what the Visitation
Agreement says and permits, or must we accept the court's? |
| A. |
If you and your spouse can agree, you can submit a visitation agreement or a Parenting
Plan to the court, and if it meets the 'best interest of the child' principle and is lawfully permitted by Texas divorce
law, the court may very well incorporate the visitation agreement into the divorce |
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| Q. |
What's a visitation or possession order? |
| A. |
A visitation or possession order is an order giving a standard or default set of dates
and times for a non-possessor conservator to have access to the child. In other states it would be called a Parenting
Schedule. Those times will often involve: alternate weekend visitation (3-day weekends included), mid-week visitation,
sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah
and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's
Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer. If the parties
live within 100 miles of each other the non-custodial parent is entitled to 30 days during the summer. If the parties reside
more than 100 miles apart the non-custodial parent gets 42 days. The party not entitled on the child's birthday will receive
several hours on that day. |
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Read Texas divorce laws as they were written HERE
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Marriage Annulment
Marital Annulment
| Q. |
I've read that Texas divorce law makes successful marriage annulment petitions
less likely than annulment petitions in other states. What kind of marriages can receive a Texas annulment? |
| A. |
Your marriage must be such that it is void or voidable. Void marriages are marriages that never could have been, and voidable marriages are marriages that never should have been. |
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| Q. |
Please describe what conditions can be grounds for a marital annulment of void marriages in Texas? |
| A. |
There are only two 'grounds' for annulment that Texas courts will allow upon petition for void marriages.
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Consanguinity- you can request an annulment if you and your spouse are too close as
relatives, and |
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Bigamy- if your spouse was married to someone else when he/she married you. |
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| Q. |
Please describe what conditions can be grounds for annulment of voidable marriages in Texas? |
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Marriage under the age of 14, being under the influence of alcohol or drugs,
Impotency, Fraud & Duress, or Mental Incapacity are all grounds for an annulment |
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| Q. |
Can one get a separation first before filing a petition for annulment? I'm undecided
about what to do. |
| A. |
In theory, one could get a marital separation before applying for an annulment,
but the courts might frown on the indecision. If the marriage needs to be dissolved, go straight to an annulment. |
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| Q. |
What is the procedure to file for an annulment in Texas? |
| A. |
According to Texas Family Code, section 6,
subchapter B, you must satisfy specific criteria for an annulment to be granted.
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You must file an annulment petition with the court (Texas requires three copies filed). Call
your District Court on how to get the form and where to file your papers. |
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The petition must include personal information on both parties, the date you were married, the location
in Texas where you were married, that no children were born from the marriage, and the specific grounds for an annulment
(see above comments on grounds). |
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The filing fees for an annulment will generally total less than $150.00, and will depend on your particular
circumstances. Check with the Circuit
Court. |
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If you and your spouse agree to the annulment, obtain a annulment waiver of service signed by your spouse
(avoids having to process serve your spouse a summons). Your spouse will need to notarize the waiver form for it to be valid.
Your spouse should be given a copy of the petition when you receive the waiver notice. |
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File the waiver of service, the filing fees and an annulment decree with the Circuit Court. The annulment
decree can be obtained from the Circuit Court, and contains a statement detailing the grounds for annulment, and that you
both agree to the annulment. If everything is in order after a review by the court, a judge will sign the decree and notify
you both in writing that the marriage has been annulled. |
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If your spouse refused to sign the waiver of service, you will have to have him/her served by a process
server such as the Sheriff. Response time to reply to the service is limited to 20 days. |
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A court hearing will be scheduled if your spouse filed a response to your petition or did not sign a waiver
or response. At the hearing, you both can present your cases. At the conclusion of the hearing, the judge will decide for
one party. If the judge decides for your petition for annulment, the annulment decree will be signed, and the marriage will
be over. |
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Complete your annulment forms and get this behind you.
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Texas Divorce Mediation
Marriage Counseling
| Q. |
Are there provisions for mediation or marriage counseling in TX divorce laws? |
| A. |
There are no mandatory mediation procedures, although you can be take advantage of these
healing tools when appropriate. |
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 Legal Separation
Marriage Separation
| Q. |
Is Legal Separation in Texas recognized by state laws?
Is that also a marital separation? |
| A. |
The action is usually referred to as "separate maintenance" where the couple
reside apart but are still legally married. A Legal Separation typically resolves property distribution and child support
and custody issues without ending the marriage. Most states have some form of legal separation, however, Texas does not.
In Texas, temporary orders concerning marital issues can be granted while a divorce is pending, but there is no provision
for an indefinite legal separation. |
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| Q. |
Since Legal Separation in Texas isn't recognized, and I want to maintain
health benefits I am currently using as a married person, what are my choices? |
| A. |
If you aren't divorced yet, you can petition the court and request alimony (a.k.a. spousal support)
and have included in the order of maintenance enough funds to cover health insurance premiums when you are single. |
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| Q. |
Our marriage didn't last three months before I found out I was lied to. I believe the dishonesty qualifies
for an annulment. Can I get a legal separation in Texas while I decide if I want an annulment or not? |
| A. |
We would suggest going straight to the marriage annulment. A separation may look indecisive, and remember
that you must convince the court you were tricked or lied to. Delaying it may look bad. |
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Waiting Period
| Q. |
Are there any waiting periods associated with dissolution, separation or annulment
petitions? |
| A. |
State laws set a minimum 60-day waiting period after
filing before a Texas divorce can be granted. |
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Need a Lawyer? LegalMatch allows
you to present your case, and respond only to lawyers who want to
help you. It's Free & Confidential.
Grandparents Rights
| Q. |
Are grandparents permitted to petition the court for any form of visitation
of grandchildren in Texas? |
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Visitation may be granted if the grandparent’s child has been incarcerated in jail
or prison during the three month period preceding the application, has been determined to be legally incompetent, or is dead;
if the parents are divorced or have been living apart for the three months period preceding the filing of the application
or if a suit for dissolution of the marriage is pending; if the child has been abused or neglected by a parent; the child
has been adjudicated to be a child in need of supervision or a delinquent; the grandparent’s child has had their parental
rights terminated; or if the child has resided with the grandparent for at least six months in the twenty-four month period
preceding the filing of the application. |
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Divorce
Settlement
Distribution of Assets
| Q. |
Texas is a community property state. How do divorce
laws affect our assets and a possible divorce settlement? |
| A. |
The court will identify and set aside those assets that are solely each party's, and then divide the marital assets evenly. The parties will have an opportunity to reach a divorce settlement, and if unsuccessful, will have the court make the division. |
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| Q. |
My spouse owned the house solely when we got married. In a divorce
settlement, I believe I am entitled to half of any appreciation of that property since our marriage,
and my spouse says I deserve nothing. Who is right? |
| A. |
Don't sign the settlement any agreement until you get legal advice.
You are likely correct, but there are nuances that can impact that judgment. For example, if you refinanced the property, it would change all equations. Speak with an attorney. |
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| Q. |
My husband wants to offer me a divorce settlement from his retirement accounts (401(k), IRAs, etc) using
a QDRO (Qualified Domestic Relations Order) court order, but I suspect the offer is very low. Is there somewhere I or we
can go to get a fair valuation and distribution? |
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You have two choices. You can have your divorce attorney prepare a proposal (they usually hire an outside,
third-party for an evaluation) at significant cost, or you can get your soon-to-be-ex to agree to an accurate but affordable
method using The QDRO Desk software. |
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Residency Requirements
| Q. |
How long must one have lived in Texas to file a petition for divorce,
separation or annulment? What are the residency requirements? |
| A. |
Texas requires that one spouse must have resided in this state for at least six months
immediately preceding the filing. On the condition that the residency requirement has been met by one spouse, either the
resident or non-resident may file in Texas. |
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How to file for no fault divorce in Texas
A no-fault divorce in Texas is filed with the term insupportable due to conflict between the parties and that there is no reasonable expectation of reconciliation as its central theme. Essentially the plaintiff (the spouse that files first) is claiming that the couple no longer get along and wish to end the marriage.
After satisfying residency requirements (6 months in Texas, 3 months in your county), you must obtain the forms you’ll need for the process. Your divorce is filed either with minor children from the marriage, or without children from the marriage. The forms you may need are detailed below.
Couples with no children:
- Answer
- Final Decree of Divorce
- Original Petition of Divorce
- Waiver of Service
Couples with children:
- Answer
- Custody, Rights and Duties Order
- Employer’s Order to Withhold Earnings for Child Support Exhibit A
- Out-of-State Parent Affidavit Exhibit
- Child Support Order Exhibit
- Family Information Exhibit
- Medical Support Order Exhibit
- Possession and Access (Visitation) Order
- Final Decree of Divorce
- Original Petition for Divorce
- Waiver of Service
If you both are in agreement, you can complete and submit to the court a Divorce Settlement Agreement. In that document, you detail how issues such as division of assets and debt, child custody and support, visitation and any spousal support (alimony). The Court will charge a filing fee. Call your local Clerk of the Court for the amount.
If your spouse contests any part of your petition for divorce, they must indicate that in their Answer, and a hearing will be scheduled to attempt resolution of the issues. Should there be no resolution, you’ll go to trial. Most divorces avoid a trial.
Within the Settlement Agreement is a Parenting Plan. This plan will detail all aspects of how you both intend to care for your children living separate lives. Pay particularly close attention to this document, and don’t cut any corners. A simple template will do, but a simple template will likely overlook the fine details of co-parenting, and you don’t want to find out later you forgot any details.
We suggest you download free parenting plan worksheets from About.com. Once you’ve completed the worksheets, you have an important question to answer: How likely will it be that there will be future disagreements between you and your ex over co-parenting issues? If disagreements are likely, we suggest you open an account with an on-line parenting plan software account, and transfer the data to that program.
Without your plan on-line, you’ll have to update your paper copies each time your children’s schedules and activities change over time. You’ll be forced to reprint the plan each time, likely have to send the new copy to your ex, and hope he/she doesn’t lose it. An on-line plan includes a forward calendar of visitation, schedule of activities, a tracking of time with each parent and an accounting of money spent on behalf of the children. With an on-line plan, each parent has access to it and the calendar going forward. No more “I thought I told you about..” or “We agreed to..”. If it isn’t on the calendar, it hasn’t been agreed to.
Filing your divorce papers
If you both are in full agreement, you print the parenting plan, include it with the other paperwork, submit them with the initial forms, and if the divorce papers are in good order, you will likely be divorced after the waiting period of 60 days after your filing. Make 3 sets of copies. One for the court, one for the ex, and one for you.
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