Texas Uncontested Divorce — Original Petition + Final Decree Filing Packet

TEXAS UNCONTESTED DIVORCE — ORIGINAL PETITION & FINAL DECREE FILING PACKET

PART 1 — PRE-FILING RESIDENCY & WAITING-PERIOD CHECKLIST

☐ At least one spouse has lived in Texas for at least 6 months preceding filing (Tex. Fam. Code § 6.301).
☐ At least one spouse has lived in the county of filing for at least 90 days preceding filing.
☐ If Petitioner lives outside Texas but Respondent has been a Texas resident for 6+ months, Petitioner may file in the county where Respondent resides (Tex. Fam. Code § 6.302).
☐ Petitioner understands the 60-day mandatory waiting period under Tex. Fam. Code § 6.702 — court cannot grant divorce before the 60th day after suit filed (exceptions: family-violence conviction or active protective order).
☐ Identify whether the case involves: ☐ minor children (SAPCR required, Ch. 153–154) ☐ real property ☐ retirement assets (QDRO) ☐ separate-property tracing ☐ spousal maintenance request (Ch. 8).
☐ Confirm community-property regime (presumption — Tex. Fam. Code § 3.003).
☐ Confirm Parties have agreed in writing on all property, debts, custody, support, and maintenance.

Filing-fee estimate: approximately $300–$350 (varies by county). Issuance + service: ~$80–$150. Statement of Inability to Afford Payment of Court Costs available if indigent.

PART 2 — STYLE OF CASE (Caption)

IN THE [_______] DISTRICT COURT
[____________] COUNTY, TEXAS
Cause No.: [________________________________]

PART 3 — ORIGINAL PETITION FOR DIVORCE

TO THE HONORABLE JUDGE OF SAID COURT:

[PETITIONER NAME], Petitioner, files this Original Petition for Divorce, complaining of [RESPONDENT NAME], Respondent, and respectfully shows:

1. Discovery Level

Discovery in this case is intended to be conducted under Level 1 of Tex. R. Civ. P. 190.

2. Parties

• Petitioner: [____________________________________________________________]
• Last three digits of driver's license: [____]; last three digits of SSN: [____]
• Respondent: [____________________________________________________________]
• Last three digits of driver's license: [____]; last three digits of SSN: [____]
• Process should be served on Respondent at: [________________________________] OR ☐ Respondent will sign a Waiver of Service.

3. Domicile

Petitioner has been a domiciliary of Texas for the preceding six-month period and a resident of [_______] County for the preceding ninety-day period. (Tex. Fam. Code § 6.301)

4. Marriage

Petitioner and Respondent were married on or about [__/__/____] and ceased to live together as spouses on or about [__/__/____].

5. Grounds for Divorce

The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. (Tex. Fam. Code § 6.001)

6. Protective Orders

☐ No protective orders are in effect. ☐ The following are in effect: [____________].

7. Children of the Marriage

☐ No children were born or adopted of the marriage and none are expected.
☐ The following child(ren) are of the marriage:

If children: a Suit Affecting the Parent-Child Relationship (SAPCR) under Texas Family Code Chapter 153 is incorporated herein, requesting orders for conservatorship, possession and access, child support per Chapter 154, and medical/dental support.

8. Property

A division of the community estate is requested in a manner the court deems just and right under Tex. Fam. Code § 7.001, having due regard for the rights of each Party. The Parties have entered into ☐ a written Marital Settlement Agreement which is incorporated herein ☐ a stipulation to be presented at prove-up.

9. Separate Property

Petitioner owns separate property described as: [________________________________]
Respondent owns separate property described as: [________________________________]

10. Change of Name

☐ Petitioner requests restoration of the prior name: [________________________________].

11. Prayer

Petitioner prays the Court:
(a) Grant a divorce on the ground of insupportability;
(b) Make orders for conservatorship, possession/access, and child support per the SAPCR (if applicable);
(c) Divide the community estate per § 7.001;
(d) Confirm separate property;
(e) Restore Petitioner's prior name;
(f) Grant such other relief to which Petitioner may be entitled.

Respectfully submitted,

[________________________________]
Petitioner Pro Se / Attorney for Petitioner
State Bar No.: [____________]
Address / Telephone / Email: [________________________________]

VERIFICATION (if required by local rule)

STATE OF TEXAS § COUNTY OF [____________] §

Before me, the undersigned authority, on this day personally appeared [PETITIONER NAME], who, being duly sworn, stated that the facts in the foregoing Petition are true and correct within personal knowledge.

[________________________________] Notary Public, State of Texas

PART 4 — CITATION / WAIVER OF SERVICE

Option A: Citation (Tex. R. Civ. P. 99–107)

☐ Citation issued by district clerk and served by sheriff/constable or authorized process server. Respondent has until the Monday following 20 days after service to file an answer.

Option B: Waiver of Service of Citation (Tex. Fam. Code § 6.4035; Tex. R. Civ. P. 119)

WAIVER OF SERVICE — Respondent, after being shown a file-marked copy of the Original Petition, voluntarily appears and waives issuance and service of citation. The waiver must be sworn before a notary at least one day after the Petition is filed, and must contain Respondent's mailing address. Respondent ☐ does ☐ does not waive notice of all further proceedings.

Date: [__/__/____]
Respondent: [________________________________]
Sworn to before me [Notary]

Option C: Respondent's Original Answer (and/or Counter-Petition)

☐ Respondent files General Denial; case proceeds as agreed.

PART 5 — MARITAL SETTLEMENT / PROPERTY SETTLEMENT AGREEMENT

AGREEMENT INCIDENT TO DIVORCE (AID)

This Agreement is made on [__/__/____] by and between [PETITIONER NAME] and [RESPONDENT NAME].

Article 1 — Division of Community Estate (Tex. Fam. Code § 7.001)

To Petitioner:

• [____________________________________________________________]

To Respondent:

• [____________________________________________________________]

Article 2 — Community Debts

Petitioner shall pay and hold Respondent harmless:

• [____________________________________________________________]

Respondent shall pay and hold Petitioner harmless:

• [____________________________________________________________]

Article 3 — Real Property

☐ None.
☐ [Address]: ☐ to Petitioner ☐ to Respondent ☐ sold; proceeds split [____]%/[____]%.
☐ Special warranty deed to be executed at close of escrow.

Article 4 — Retirement Accounts (QDRO if applicable)

[____________________________________________________________]

Article 5 — Confirmation of Separate Property

[____________________________________________________________]

Article 6 — Spousal Maintenance (Tex. Fam. Code Ch. 8)

☐ Both Parties waive contractual alimony and statutory spousal maintenance.
☐ [Payor] shall pay contractual alimony of $[__________]/month for [____] months ending [__/__/____].

Article 7 — Conservatorship & Possession (if children) (Ch. 153)

• ☐ Joint Managing Conservators ☐ Sole Managing Conservator: [_________] / Possessory Conservator: [_________]
• Possession and access: ☐ Standard Possession Order ☐ Expanded SPO ☐ Modified — see attached schedule.

Article 8 — Child Support (Ch. 154 guidelines)

• Obligor: ☐ Petitioner ☐ Respondent
• Net resources (Tex. Fam. Code § 154.062): $[__________]/month (capped at $11,700 effective Sept. 1, 2025 per § 154.125(a-1))
• Guideline percentage: ☐ 20% (1 child) ☐ 25% (2) ☐ 30% (3) ☐ 35% (4) ☐ 40% (5) ☐ at least 40% (6+)
• Monthly child support: $[__________]
• Wage withholding: ☐ ordered
• Medical support: ☐ Obligor provides health insurance ☐ Obligee provides; cash medical: $[____]
• Dental support: $[____]
• Uninsured medical/dental: split [____]%/[____]%

Article 9 — Tax Allocation

• Dependency exemption: alternate / split per [____]
• Each Party files separately for tax year of divorce: ☐ Yes ☐ No

Article 10 — Mutual Releases

Each Party releases the other from claims arising out of the marriage, except those set forth herein.

Article 11 — Survival / Incorporation

☐ This Agreement shall be incorporated into the Final Decree.
☐ Provisions shall not be merged and shall be enforceable as a contract.

Petitioner: [________________________________] Date: [__/__/____]
Respondent: [________________________________] Date: [__/__/____]

[Notary acknowledgments]

PART 6 — REQUIRED AFFIDAVITS & SWORN STATEMENTS

PART 7 — FINANCIAL DISCLOSURE / INVENTORY AND APPRAISEMENT

Each Party should prepare a Sworn Inventory and Appraisement (as required by local rules or court order) listing:
☐ Real property (with fair market value and encumbrances)
☐ Cash, bank accounts (institution, last 4 of acct #, balance)
☐ Vehicles (make/model/VIN/value/lien)
☐ Retirement accounts and pensions
☐ Brokerage and investment accounts
☐ Business interests
☐ Personal property and household items
☐ Debts (creditor, balance, monthly payment)

In uncontested cases, the Inventory may be waived by written agreement of the Parties or proven up at the final hearing.

PART 8 — CHILD SUPPORT GUIDELINE WORKSHEET (TEX. FAM. CODE § 154.125)

(Used only if children are of the marriage.)

1. Obligor's gross income (monthly): $[__________]
2. Less Social Security/Medicare/federal income tax (on one exemption + standard deduction): $[__________]
3. Less state income tax (N/A in TX, but include if applicable): $[__________]
4. Less union dues: $[__________]
5. Less expenses for children's health, dental insurance: $[__________]
6. Net resources: $[__________] (cap = $11,700 effective 9/1/2025)
7. Apply guideline percentage based on number of children before the court and other children obligor is supporting.
8. Monthly child support obligation: $[__________]

Deviation from guidelines requires written findings under § 154.130.

PART 9 — FINAL DECREE OF DIVORCE

IN THE MATTER OF THE MARRIAGE OF [PETITIONER] AND [RESPONDENT]

CAUSE NO. [____________]

On [__/__/____], the Court heard this case.

1. Appearances. Petitioner [____________] appeared in person ☐ and announced ready. Respondent [____________] ☐ appeared in person and announced ready ☐ has waived issuance and service of process and consents to the Court's entering this Decree.

2. Jurisdiction and Domicile. The Court finds it has jurisdiction of this case and of all parties; the residency requirements of Tex. Fam. Code § 6.301 are met; and the 60-day waiting period of § 6.702 has expired or is excused.

3. Jury. A jury was waived.

4. Agreement. The Parties have entered into a written Agreement Incident to Divorce in a manner permitted by law, contained in this Decree or attached hereto and incorporated by reference.

5. Divorce Granted. IT IS ORDERED that [PETITIONER NAME] and [RESPONDENT NAME] are divorced and that the marriage between them is dissolved on the ground of insupportability.

6. SAPCR — Conservatorship. (If children) Petitioner and Respondent are appointed Joint Managing Conservators of the children, with [_________] as the parent with the exclusive right to designate the primary residence within [____________] County (or without geographic restriction). Rights and duties per Tex. Fam. Code §§ 153.071–153.073.

7. Possession and Access. Standard Possession Order under Tex. Fam. Code §§ 153.311–153.317 (or as agreed and attached).

8. Child Support. [Obligor] is ordered to pay child support of $[__________] per month, payable through the Texas State Disbursement Unit (TX SDU) beginning [__/__/____]. Income withholding shall be issued.

9. Medical & Dental Support. As stated in Article 8 of the AID.

10. Division of Community Estate. The community estate is divided per the AID, Article 1–4, which is incorporated as if fully set forth.

11. Confirmation of Separate Property. As stated in Article 5 of the AID.

12. Debts. As allocated in Article 2 of the AID.

13. Change of Name. ☐ Petitioner's name is changed to [________________________________].

14. Clarifying Orders. The Court reserves the right to issue clarifying orders as needed under Tex. Fam. Code § 9.006.

15. Relief Not Granted. IT IS ORDERED that all relief requested in this case and not expressly granted is denied. This is a final judgment, for which let execution and all writs and processes necessary to enforce this Judgment issue.

SIGNED on: [__/__/____]

[________________________________] JUDGE PRESIDING

Approved as to form and substance:

[________________________________] Petitioner [________________________________] Respondent

PART 10 — STEP-BY-STEP FILING PROCEDURE

1. Confirm residency — 6 months Texas + 90 days county (§ 6.301).
2. Prepare and file the Original Petition for Divorce with the district clerk using the current accepted filing method. Complete any current local cover form or filing-system fields identified from official clerk instructions; do not use the repealed statewide Rule 78a sheet. Confirm the current fee with the clerk.
3. Effect service or waiver:
   - Citation issued + served by constable/process server (file Return of Service); OR
   - Respondent signs Waiver of Service (notarized at least one day after Petition filed); OR
   - Respondent files an Answer.
4. Wait 60 days from filing date (Tex. Fam. Code § 6.702).
5. Prepare and sign: Agreement Incident to Divorce; Final Decree of Divorce; Income Withholding Order (if child support); BVS Form VS-165.
6. Schedule "prove-up" hearing with the court (uncontested short docket). Petitioner must personally appear and testify briefly to:
   - Residency
   - Marriage date and date ceased to live together
   - Insupportability
   - That the Decree is fair and just
7. Judge signs Decree. File-stamped copies returned by clerk.
8. Within 30 days post-decree:
   - Submit Income Withholding Order to employer / OAG portal
   - Record any real-estate deeds with County Clerk
   - Submit QDROs to plan administrators
   - Update beneficiaries, SSA name change, DMV
   - Obtain certified copies of Decree for legal proof

PART 11 — KEY STATUTES AND REFERENCES

• Texas Family Code § 6.001 (Insupportability), § 6.301 (Residency), § 6.302 (Non-resident), § 6.702 (60-day wait), § 7.001 (Property division)
• Texas Family Code Ch. 153 (Conservatorship), Ch. 154 (Child support), Ch. 8 (Spousal maintenance)
• Tex. R. Civ. P. 99, 106, 107, 119 (citation/service/waiver)
• Supreme Court of Texas Misc. Docket 13-9085 (Approved divorce forms — no children, no real property)
• TexasLawHelp.org — Divorce toolkits — https://texaslawhelp.org/family-divorce-children/divorce
• Texas Office of the Attorney General — Child Support — https://www.texasattorneygeneral.gov/child-support
• Bureau of Vital Statistics — VS-165 — https://www.dshs.texas.gov/

Disclaimer: This template is for general informational purposes only and is not legal advice. Texas family-law procedure varies by county and judge. Use of approved Supreme Court of Texas forms or TexasLawHelp toolkits is recommended for self-represented litigants. Consult a licensed Texas family-law attorney before filing.