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Divorce in Texas With Children
The following forms may be used to file or respond to a divorce with children* in Texas. You may need one or more of these forms depending on your role in the case.
You may also need additional forms. For example, you will need additional forms if you and/or your spouse have valuable assets such as a retirement, pension or 401(k) account, land, house, or business. You will need additional forms if you need Temporary Orders regarding custody and support of the children, spousal support and/or use of property or payment of debts while the divorce is pending. You will need additional forms if you want to ask for spousal maintenance (spousal support that continues after the divorce is final.) A lawyer can help you draft any additional forms you may need.
Try to talk to a lawyer before you file anything. Talking with a lawyer now can save you time and money in the long run. You can hire a lawyer just to give you advice, review your forms, draft certain documents or help you prepare for a hearing. This is called “limited scope representation.” For help finding a lawyer, contact your local lawyer referral service or the Lawyer Referral Information Service at http://www.texasbar.com/ or 1-800-252-9690. To find the nearest Legal Aid office, go to http://www.texaslawhelp.org/ and click on “Find Legal Assistance.”
Help for Victims of Domestic Violence: If you or your child is a victim of domestic violence call the Family Violence Legal Line at 1-800-374-HOPE (4873) for help.
* Note: If there is a final court order for custody and support of your children and you are not asking the court to make changes to that order, use the Divorce No Children forms instead. You must attach a copy of the order regarding your children to the Divorce No Children forms.
INSTRUCTIONS and FORMS
Forms filed by one spouse to start the divorce process
- Original Petition for Divorce
- Vital Statistics Form– Information on Suit Affecting the Family Relationship (Must be printed on one page – front and back. A hard copy of this form may be available at your District Clerk’s Office.)
- Out-of-State Party Affidavit (only if you, your spouse, or other person named as a party in your case live outside of Texas.)
Forms filed by the other spouse
- Waiver of Service or Answer
- Out-of-State Party Affidavit (only if you, your spouse, or other person named as a party in your case live outside of Texas)
Order forms to be filled out for the Judge to sign
*Note: The Final Decree of Divorce includes the Standard Possession and Access Order as Exhibit A. Talk to a lawyer if this standard visitation schedule does not meet the needs of your family or would not be safe for your children. A lawyer can help you write a Modified Possession and Access Order, Supervised Possession and Access Order, or Possession and Access Order for Child Under 3 that is appropriate for your case.
- Sample Testimony – Divorce with Children (Bring this form to your final hearing. You or your spouse will need to give testimony to the judge to “prove-up” your divorce at the hearing. This sample testimony may be used to “prove-up” a basic uncontested divorce with children. Talk to an attorney if you have questions.)