This article tells you about getting a divorce when you and your spouse:
- Agree to the terms of the divorce
- Do not have any children together AND
- Do not have a house or any other land to divide.
This article contains forms approved by the Supreme Court of Texas for divorce for cases where there are no children involved and no house or land to divide.
This divorce form set contains instructions and seven forms.
Affidavit of Indigency
Original Petition for Divorce
Waiver of Service
Final Decree of Divorce
Certificate of Last Known Address
Notice of Change of Address, and
Affidavit of Military Status.
When Not to Use This Divorce Form Set
Do not use this divorce form set if:
- You and your spouse disagree about any issue in your divorce.
- You or your spouse wants to file specific grounds for divorce, such as cruelty or adultery. This Set provides for a no-fault divorce, for example, you do not get along and do not plan to get back together.
- The wife is pregnant, even if the husband is not the father
- The wife has had a child by another man since the date of marriage
- You and your spouse have a disabled child, regardless of that child’s age.
- You and your spouse have a biological or adopted child together who is either under 18 years old or who is 18 years old and still in high school.
- You or your spouse wants spousal support or maintenance, referred to as “alimony” in some states.
- You or your spouse owns or is buying real property (such as a house, building, piece of land, or other real estate).
- You or your spouse has an ongoing bankruptcy case.
When You Can Use This Divorce Form Set
Use this divorce form set if:
- Nothing in the above “Do Not Use This Divorce Set” section applies to you.
- You think you and your spouse will agree on every issue in your divorce or you do not think your spouse will participate in the divorce process.
- You or your spouse has lived in Texas for at least 6 months and in the county where you are filing for divorce for at least 90 days.
- Immigrants: You may file for divorce in Texas even if you do not have legal status in the United States if you have lived in Texas and in your county for the above time periods.
- Military Families: If you are serving in the armed forces outside of Texas, or you have accompanied your spouse who is serving in the armed forces outside of Texas, you may still use these forms if Texas has been the home state for either spouse for at least 6 months and the county where you plan to file the divorce has been the home county of either spouse for at least 90 days.
The information and forms in this article and linked forms are not legal advice and are not a substitute for the help of a lawyer. It’s a good idea to talk with a lawyer about your particular situation.
WARNING! Effective January 1, 2021, once a party to a family law case (like a custody modification case) files an answer, both sides usually will be obligated to exchange certain information and documents within 30 days. Talk to a lawyer about exceptions to this rule. The form is here: Required Initial Disclosures in Dissolutions of Marriage.
Frequently asked questions about filing a divorce without children.
This handbook tells you about Harris County family courts and other family law issues.
This article tells you general information on what to do and not to do in a courtroom.