Texas Law Help Form – Fill Out and Use This PDF

TexasLawHelp Divorce Forms Set B (children together)

Use these Texas divorce forms if:

●you and your spouse have children who are under 18 or still in high school and

●there are no court orders about the children.

Note: If you have a family violence protective order that includes orders about the children, you should still use Form Set B. Attach a copy of the protective order to your Original Petition for Divorce.

Be sure to read How to File an Uncontested Divorce first! You may not need all of the forms listed or you may need additional forms.*

1. How to File an Uncontested Divorce Read this first!

2.Unsworn Declaration of Indigency (Request for Fee Waiver)

3.Original Petition for Divorce

4.Waiver of Service Only (Specific Waiver)

5.Respondent’s Original Answer

6.Final Decree of Divorce

7.Notice of Current Address

8.Out-of-State Parent Affidavit

9.Income Withholding Order for Support

10.Sample Testimony – Divorce With Children

*Additional forms are available at: www.texaslawhelp.org/resource/divorce-with- children-in-texas-1.

How to File an Uncontested Divorce

These instructions explain the steps in a simple, uncontested Texas divorce. Use them with the FREE do-it-yourself divorce forms at www.TexasLawHelp.org.

These instructions are written for people who are “pro se.” Pro se means you don’t have a lawyer.

These instructions are not a substitute for the advice and help of a lawyer. It’s a good idea to talk to a lawyer about your particular situation before filing or responding to a divorce.

Is Your Divorce Uncontested?

Your divorce is uncontested when it is:

agreed – you and your spouse agree about all the issues in your case OR

default – your spouse is given legal notice of your divorce by Official Service of Process, Publication or Posting and does not file an Answer or Waiver of Service with the Court or otherwise appear in the case.

If your divorce is contested, it is best to talk to a lawyer before filing any forms with the Court.

Steps for an Uncontested Texas Divorce

A full description of each step follows. Carefully read all the steps before you begin.

Step 1: Get help if there has been violence or you feel unsafe.

●It’s not a good idea to do your own divorce, without a lawyer, when there has been family violence. Family violence includes physical violence and sexual assault. It can also include threats of violence. You do not need to have called the police or sought medical care to be the victim of family violence.

●If you or your children have been the victim of family violence or if at any time you feel unsafe, get help by calling the:

O National Domestic Violence Hotline at 1-800-799-SAFE (7233) or O Texas Family Violence Legal Line at 1-800-374-HOPE (4673)

Step 2: Talk to a lawyer about your particular situation.

●Divorce cases can be complicated and your property, your money and your rights as a parent may be at risk. Even if you decide to represent yourself, you should see a lawyer for legal advice about your particular situation before filing anything,

●It’s really important to talk to a lawyer if:

O you’re afraid for your or your children’s safety, or

O your case is contested, or

O your spouse has a lawyer, or

O you or your spouse has a house, retirement, business, other valuable property or a lot of debt. Talking to a lawyer now, can save you time and money in the long run.

●Need help finding a lawyer? For referral to a lawyer, or if you have a low income to a free Legal Aid program, call the Lawyer Referral Information Service at 1-800-252-9690. Or, go to www.TexasLawHelp.org and click on “Find Legal Help.”

●Just want advice? You can hire a lawyer just to give you advice, review your forms, draft a document or help you prepare for a hearing. This is called limited scope representation. You may then be able to handle the other parts of your divorce yourself.

Go to http://texaslawhelp.org/resource/limited-scope-representation?ref=U6Rdg for more information about limited scope representation.

Do Not Use the TexasLawHelp Divorce Forms if:

OYou or your spouse have an ongoing bankruptcy case.

OYou want to file specific grounds for divorce, such as cruelty or adultery.

OYou want spousal maintenance, referred to as “alimony” in some states.

OYou and your spouse have a disabled child.

Step 3: Determine where to file.

●Information for Military Families: If you are serving in the armed forces outside of Texas or other government service outside of Texas or you have accompanied your spouse who is serving in the armed forces or other government service outside of Texas, you may still file for divorce in Texas if Texas has been the home state of either you or 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. Time spent away while serving in the armed forces or other government service counts as time spent in Texas and your home county. See Texas Family Code Section 6.303.

●Information for Immigrants: You may file for divorce in Texas even if you do not have legal status in the United States, as long as you or your spouse has lived in Texas for at least the last 6 months and in the county where you want to file for divorce for at least the last 90 days.

Things to consider…

Things to consider…

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Step 4: Choose a divorce form set.

●Choose one of the following divorce form sets at www.TexasLawHelp.org. Each set includes multiple forms that you or your spouse will need to fill out and file with (turn in to) the Court. The forms are described on the following page.

O Texas Supreme Court Divorce Form SET 1 (no children, no real property)

Use these forms if there are:

●no minor children and

●no real property (house or land).

These forms are approved for use throughout Texas by the Texas Supreme Court.

These forms come with different instructions.

O TexasLawHelp Divorce Form SET A (no children together)

Use these forms if:

●you and your spouse do not have children who are under 18 or still in high school.

OTexasLawHelp Divorce Form SET B (children together)

Use these forms if:

●you and your spouse have children who are under 18 or still in high school and

●there are no court orders regarding the children.

Note: If you have a family violence protective order that includes orders regarding the children, you should still use SET B.

O TexasLawHelp Divorce Form SET C (children together with final court order)

Use these forms if:

●you and your spouse have children together who are under 18 or still in high school and

●there is a final court order for custody and support of your children in place and you do not want to change that order.

Note: Do not use the TexasLawHelp divorce forms if you have a court order but: 1) it does not include all the children you and your spouse have together, 2) the order is a temporary order, or 3) you are asking the court to make changes to the order. If one of these situations applies, ask a lawyer to draft the appropriate forms for your case.

Things to consider…

Things to consider…

if you and your spouse don’t agree on child support.

●if you and your spouse don’t agree on child support.

If you and your spouse don’t agree on child support, the Office of the Attorney General (OAG) mayIf youbeandableyourto helpspouse. Althoughdon’t agreethe OAGon childcannotsupport,representthe Officeeith rofparent,the Attorneythey canGeneralask the court(OAG)to maykebeanableordertoforhelpchild. Althoughsupport,themedicalOAG cannotsupport,representcustody andeithervisitationparent,.they can ask the court to make an order for child support, medical support, custody and visitation.

Once there is a final court order for custody and support of your children, you may use the

Once there is a final court order for custody and support of your children, you may use the TexasLawHelp Divorce SET C for your divorce.

TexasLawHelp Divorce SET C for your divorce.

For information about opening a case with the OAG call 1-800-255-8014 or go to their website For information about opening a case with the OAG call 1-800-255-8014 or go to their website at at www.oag.state.tx.us/cs.

www.oag.state.tx.us/cs.