TEXAS DIVORCE PAPERS WITH SAMPLES AND EXPLANATIONS

The documents listed below are the primary documents for a Texas uncontested divorce. You will notice that some of the documents apply to children. If you do not have minor children, these documents are typically not required when filing for divorce in Texas.

• Original Petition for Divorce: The petition, among other matters, identifies the parties; establishes the method of service, jurisdiction, dates of marriage and separation, grounds; identifies children and jurisdiction of the children; requests desired custody (joint or sole) and visitation, child support; determines the need for protective orders; states family information; establishes community and separate property; requests a name change, and certifies service. This is the initial document that officially motions the court for the divorce.

Sample Original Petition for Divorce for Texas (first 2 pages only)

• Verification: Verifies that the statements in the Petition for Divorce are accurate to the best of the petitioner's knowledge. A written form of swearing under oath to the facts and information that are contained in the Petition (or other filed documents) are true and correct.
• Form VS-165: This is used for reporting a divorce to the state. All divorces/annulments (with or without children) and all suits affecting the parent-child relationship must be reported through the clerk of the court to The Texas Vital Statistics Unit. This form used for reporting is typically prepared by the petitioner.
• Marital Settlement Agreement: The MSA establishes the terms and conditions of the division of the marital estate and memorializes matters relating to child custody and visitation. Most courts require filing the MSA with the Petition for Divorce. The MSA outlines all the the issue regarding the marriage and the divorce. It is a written agreement between the divorcing parties and is typically incorporated in the final Decree.

Sample Marital Settlement Agreement for Texas (first 2 pages only)

• Schedule for Possession of Minor Children: This form provides the standard terms and conditions by which the parents agree to custody and visitation and it establishes a schedule for parenting routines.
• Waiver of Citation: By signing this form, the respondent waives the right of formal service of process and enters an appearance that substitutes for going to Court. The respondent waives rights and exemptions under the Soldier and Sailor's Civil Relief Act, including having a lawyer. The waiver expedites the divorce with the court.

Sample Waiver of Citation for Texas (full document)

• Child Information, Texas Family Code Section 152.209: This form is an affidavit used to comply with Uniform Child Custody Jurisdiction and Enforcement Act establishing the five-year residential history of children involved in a divorce and establishing jurisdiction of the court.
• Financial Affidavit and Child Support Worksheet: The financial affidavit details the community assets and liabilities of each spouse. The worksheet shows Texas's flat percentage allocation to determine the appropriate child support obligation under state guideleines.
• Request to Issue Employer's Order to Withhold Earnings for Child Support: This form makes a request for an Order/Notice to Withhold Income for Child Support and it is issued when child support is ordered. This is an order and notice to the employer of the Obligor, who is usually the noncustodial parent, to deduct income for payment of child support to the custodial parent.
• Order/Notice to Withhold Income for Child Support: This is a court order and notice to the employer of the Obligor, who is usually the noncustodial parent, to deduct income for payment of child support to the custodial parent.
• Request to Issue Employer's Order to Withhold Earnings for Spousal Maintenance: This form makes a request for an Order/Notice to Withhold Income for spousal support and it is issued when child support is ordered. This is a court order and notice to the employer of the obligor, who is usually the noncustodial parent, to deduct income for payment of child support to the custodial parent.
• Employer's Order to Withhold Earnings for Spousal Maintenance: This is a court order and notice to the employer of the Obligor to deduct income for payment of spousal support.
• Decree of Divorce: This decree memorializes the terms and condition of the divorce - including establish paternity of any child, dividing and allocating pensions, assets and debts - as well as ending the marriage.

Sample Decree of Divorce for Texas (first 2 pages only)