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 your 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 documents or help you prepare for a hearing. 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 will need to attach a copy of the order regarding your children to the Divorce No Children forms.

INSTRUCTIONS and FORMS

• Instructions only

• Instructions and all forms

Forms filed by one spouse to start the divorce process

• Petition for Divorce

• 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

• Final Decree of Divorce

• Exhibit: Conservatorship (Custody), Rights and Duties Order

• Exhibit: Standard Possession (Visitation) and Access Order

• Exhibit: Child Support Order

• Exhibit: Medical Support Order

• Exhibit: Family Information

• Income Withholding for Support Order (IWO)

• Order on Request to Keep Family Information Confidential (only if you requested that information be kept confidential from your spouse)

(NOTE: Talk to a lawyer if any of these forms don’t meet the needs of your family. For example, if standard visitation with your spouse is not safe for your children, ask a lawyer to help you draft a supervised visitation order.)

Sample Testimony - Divorce With Children

Vital Statistics form – (Required in all divorces. File with District Clerk when divorce is finished.)

• Vital Statistics – 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.) 

PRINTING? Forms must be printed on one side only, except the Vital Statisticsform which must be printed on one page – front and back.