Final Divorce Decree Form – Fill Out and Use This PDF

(Print court information exactly as it appears on your Petition)

Cause Number:

IN THE MATTER OF THE MARRIAGE OF

Petitioner:			In the ______________
			Court Number
	Print first, middle and last name of the spouse filing for divorce.

Print first, middle and last name of other spouse.

(List children of this marriage who are under 18):

1.________________________ 2._______________________ 3. ______________________

4.________________________ 5._______________________ 6. ______________________

Final Decree of Divorce

A hearing took place today, and the following people were present. There was no jury as neither the husband nor wife asked for one.

1. Appearances

Petitioner

The Petitioner’s name is: ____________________________________________________________________.

The Petitioner was present, representing him/herself, and has agreed to the terms of this Decree of Divorce.

The Petitioner was not present but has signed below, agreeing to the terms of this Decree.

Respondent

The Respondent’s name is:___________________________________________________________________.

The Respondent was present, representing him/herself, and agrees to the terms in this Decree.

The Respondent was not present but was served, filed an Answer, or signed a Waiver of Citation, and:

(Check all that apply.)

has signed below, agreeing to the terms in this Decree.

agreed in the Waiver that the judge can finalize the divorce, without giving the Respondent notice of this hearing.

has defaulted. The Petitioner has filed a Certificate of Last Known Address and an Affidavit of Non-Military Status. The Petitioner has also arranged for a court reporter to record the hearing.

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Texas Family Code, Titles I and V

2. Record

(Check one box.)

A Court reporter recorded today’s hearing.

A Court reporter did not record today’s hearing because the Husband, Wife, and judge agreed not to make a record.

A Statement of the Evidence was signed by the Court.

3. Jurisdiction

The Court heard evidence and finds that it has jurisdiction over this case and the parties, that the residency and notice requirements have been met, and the Petition meets all legal requirements.

The Court finds that::

(Check one box.)

the Petition was filed more than 60 days ago.

Petitioner has an active Protective Order under Title 4 of the Texas Family Code, or an active magistrate’s order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure against the Respondent because the Respondent committed family violence during the marriage.

Respondent has a final conviction or has received deferred adjudication for a crime involving family violence against the Petitioner or a member of Petitioner’s household.

The Court finds that the Husband and Wife are the parents of the children listed below, and that there are no other children of this marriage expected or entitled to receive support.

(List all adopted and biological children of this marriage who are under 18.)

Child’s name

Sex

Date of Birth

State where child lives now

1

2

3

4

5

6

(If more than 6 children, list them on another sheet and write Attachment A at the top. Attach it to this form.)

B. Pregnancy

The Court finds that the Wife is not pregnant.

Remember: You cannot finish your divorce

while the wife is pregnant.

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Texas Family Code, Titles I and V

	C. Children Born during the Marriage, but	Remember: If the wife had children with
	the Husband is Not the Father
		another man while married to the husband, you
	(Check one box.)	cannot finish your divorce until paternity of the
		children is established. See Texas Family
	The Court finds that the Wife did not have children
		Code Section 160.204. Get more information
	with another man while married to the Husband.
		about establishing paternity at
	The Court finds that the children named below were born	www.TexasLawHelp.org.
	during the marriage, but are UUnot the Husband’s children.
	The Court further finds that paternity of each child has been established:
	(Check one box.)

A court order has determined the father of each of child named below. A copy of the order is attached to and made part of this Final Decree of Divorce for all purposes.

An Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the Husband has been filed with the bureau of vital statistics for each child named below. A copy of this document, or documents, is attached to and is made part of this Final Decree of Divorce for all purposes.

(List all children born during the marriage, who are not the adopted or biological children of the husband.) (Paternity of each child must already have been established.)

Child’s name

Age

Date of Birth

Sex

1.

2.

3.

4.

5.

6.

If more than 6 children, list them on another sheet and write Attachment B at the top. Then attach it to this form.

5. Divorce

IT IS ORDERED that the Petitioner and the Respondent are divorced on the grounds of insupportablity.

6. Parenting Plan

The Court FINDS that the orders found in the attached Parenting Plan Exhibits are in the best interest of the children, and makes the following orders regarding custody, visitation, child support, and health insurance, as included in this section and the attached Parenting Plan Exhibits.

Note! You must include a Parenting Plan with this Decree of Divorce, as required by Texas Family Code, Section 153.603. Complete and attach the following Parenting Plan Exhibits to this Decree of Divorce.

Parenting Plan Exhibits

The following Exhibits are attached to this Decree of Divorce and are made a part of this Decree for all purposes. Exhibit: Conservatorship (Custody) Order

Exhibit: Rights and Duties Order

Exhibit: Possession and Access (Visitation) Order

Exhibit: Child Support Order

Exhibit: Medical Support Order

Exhibit: Family Information

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Texas Family Code, Titles I and V

7. Property And Debts

Note: Additional forms are needed to divide retirement benefits and to transfer title to real estate.

If you plan to divide retirement benefits or you jointly own a house or land with your spouse, do NOT use this form without first talking to a lawyer.

You can hire a lawyer just to give you advice and/or draft the documents you need for a flat fee. Call your local lawyer referral service or the State Bar of Texas Lawyer Referral Information Service at 1(800) 252-9690 for help finding a lawyer.

Texas is a community property state. This means that any new property or debt that either party obtains from the minute they are married until the minute the judge grants the divorce is community property, even if the property or debt is only in one spouse’s name.

All community property and debt should be included in the Final Decree of Divorce. There are a few exceptions to the law of community property. If either party receives a gift, an inheritance, or money from a lawsuit that does not compensate for lost wages, it is separate property. It is a good idea to confirm separate property obtained during the marriage as that individual’s separate property in the Final Decree of Divorce. More information about community and separate property can be found in the Texas Family Code, chapters 3,4, and 5.

The Court makes the following orders regarding the parties’ community and separate property:

Husband’s Property

Husband’s Separate Property

The Court confirms that the Husband owns the following property as his separate property:

1.	House located _________________________________________________________________________
	Street Address	City	State	Zip
	Husband owned this house before marriage.
	Husband received this house as a gift or inheritance.
2.	Land located at: ________________________________________________________________________
	Street Address	City	State	Zip
	Husband owned this land before marriage.
	Husband received this land as a gift or inheritance.

3.Cars, trucks, motorcycles or other vehicles

Husband owned these vehicles before marriage or received them as a gift or inheritance during the marriage:

Year		Make		Model		Vehicle Identification No. [VIN]

4.Other Money or Property

Husband owned the following money or property before the marriage or inherited or received it as a gift during the marriage.

Husband received the following money from a lawsuit during the marriage. This money was not compensation for lost wages.

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Texas Family Code, Titles I and V

Husband’s Community Property

The Court ORDERS that the Husband is awarded (gets) the following Community Property, and the Wife is divested of (doesn’t get) any interest, title or claim she may have to the property listed below.

Wife IS ORDERED to sign any deeds or documents needed to transfer any property listed below to the Husband. Husband is responsible for preparing the documents.

1.All property in Husband’s care, custody or control, or in Husband’s name, that this Order does not give to the Wife.

2.House or land located at:

Street Address

City

State

Zip

Legal Description:

3. Other real property located at:

Street Address

City

State

Zip

Legal Description:

(Check ALL that apply.)

4. All of the Husband’s employment benefits, including retirement, pension, 401(k), profit-sharing, and stock option plans that are in his name alone, along with all individual retirement accounts, such as IRAs that are in his name alone. (Note: If you want to divide retirement or employment benefits do NOT use this form. You will need additional forms. Talk to an attorney.)

Husband’s Debts

(Check all that apply.)

The Husband shall pay the debts listed below:

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Texas Family Code, Titles I and V

Wife’s Property

Wife’s Separate Property

The Court confirms that Wife owns the following property as her separate property:

1.	House located _________________________________________________________________________
	Street Address	City	State	Zip
	Wife owned this house before marriage.
	Wife received this house as a gift or inheritance.
2.	Land located at: ________________________________________________________________________
	Street Address	City	State	Zip
	Wife owned this land before marriage.
	Wife received this land as a gift or inheritance.

3.Cars, trucks, motorcycles or other vehicles

Wife owned these vehicles before the marriage or received them as a gift or inheritance during the marriage:

Year		Make		Model		Vehicle Identification No. [VIN]

4.Other Money or Property

Wife owned the following money or property before the marriage or inherited or received it as a gift during the marriage.

Wife received the following money from a lawsuit during the marriage. This money was not compensation for lost wages.

Wife’s Community Property

The Court ORDERS that Wife is awarded (gets) the following Community Property, and Husband is divested of (doesn’t get) any interest, title, or claim he may have to the property listed below.

Husband IS ORDERED to sign any deeds or documents needed to transfer any property listed below to the Wife. Wife is responsible for preparing the documents.

1.All property in Wife’s care, custody, or control, or in Wife’s name, that this Order does not give to the Husband.

2.House or land located at:

Street Address

City

State Zip

Legal Description:

3. Other real property located at:

Street Address

City

State Zip

Legal Description:

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Texas Family Code, Titles I and V

Wife’s Community Property (continued)

(Check all that apply.)

4. All of the Wife’s employment benefits, including retirement, pension, 401(k), profit-sharing, and stock option plans that are in her name alone, along with all individual retirement accounts, such as IRAs that are in her name alone. (Note: If you want to divide retirement or employment benefits do NOT use this form. You will need additional forms. Talk to an attorney.)

Wife’s Debts

(Check all that apply.)

The Wife shall pay the debts listed below:

8. Name Change

The Court ORDERS the name of the:

(Check all boxes that apply.)

Husband changed back to a name used before marriage, as it appears below.

First

Middle

Last

Wife changed back to a name used before marriage, as it appears below.

First	Middle	Last
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Texas Family Code, Titles I and V

9. Court Costs

The Husband will pay for his court costs; the Wife will pay for her court costs.

10.Other Orders

The court has the right to make other orders, if needed, to clarify or enforce the orders above.

Any orders requested that do not appear above are denied.

Date of Judgment

Judge’s signature

		( )					( )
Petitioner’s Name (print)			Phone number		Respondent’s Name (print)			Phone number
					
Petitioner’s Signature			Date		Respondent’s Signature			Date
Mailing					Mailing
Address:					Address

© TexasLawHelp.org – Divorce Decree – With Children, October, 2011	Page 8 of 8
Texas Family Code, Titles I and V