Texas divorce forms and papers has to be filed in the same county where the petitioner has been residing in order to meet the county requirements. Grounds for divorce in the state of Texas could be either fault based such as committing adultery, insanity, abandonment, conviction, cruel intentions or inhuman treatments, or faultless. The no-fault grounds for divorce in Texas are: 1) the marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation; or 2) living separate and apart without cohabitation for 3 years. (Texas Codes Annotated; Family Code, Chapters 3.01 and 3.06].
As per Texas divorce laws, one of the spouses must have resided in Texas for six months prior to filing and in the county, where the divorce is filed, for 90 days prior to filing. In addition, there is a 60-day waiting period after filing before a divorce will be granted. [Texas Codes Annotated; Family Code, Chapters 3.21 and 3.60]. For more information and instruction on filing a divorce see our page.
The divorce in Texas is either on a agreed basis or it is default. An agreed divorce, as the name suggests, is been signed and agreed by both the spouses. They basically agree on all the terms and conditions of the divorce related to the distribution of the property or custody of children. A default divorce decree on the other hand is not signed by one of the spouse. In these kinds of cases the spouse is completely out of picture whereas the spouse filing for divorce gets whatever is asked or documented. The other spouse by default has to agree upon all the terms and conditions.
Child custody and child support procedures:
The most preferred methods for child custody in the state of Texas is a shared arrangement. Sole custody arrangements can also be considered provided the reason for the same is valid and if both the spouses agree on it. The financial status of a parent is not considered for awarding parental responsibilities and rights. The decision of a sole custody or shared custody is taken keeping in mind the interest and the future of children.
Texas child custody can be categorized by physical custody, legal custody and visitations. Physical custody refers to the place the children would live and the parent they would be living with. Legal custody refers to taking decisions by partners about the school the child would go and the church they may visit. A visitation on the other hand lays a plan on where the children would reside and when they would see the other spouse.
The state of Texas provides child support guidelines if parents are unable to decide on the amount for child support. The guidelines are chalked keeping in mind all the requirements of a child as per their age and it is in the best interest of the children. If both the spouses are working and can manage the child’s requirements a -0- child support is agreed upon.
USE THESE WORDS IN THE COURT DOCUMENTS FOR TEXAS
- Use these exact words, all in capital letters: IN THE DISTRICT COURT OF COUNTY, TEXAS, JUDICIAL DISTRICT
- Use these exact words, all in capital letters: PETITION FOR DIVORCE
- Use the word “Petitioner’. Be sure the “P” is capitalized.
- Use the word “Respondent”. Be sure the “R” is capitalized.
- Use these exact words: DECREE OF DIVORCE. Be sure to use capital letters only when placed as the title of your final document.
- Use the word “County” here.
For detailed divorce laws in Texas state, please see Texas Divorce Laws page.
Free Texas Divorce Forms for Download
Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select “Save As…”.
If you don’t want to file for divorce papers directly then find Divorce Lawyers in Texas here. The procedure to file a divorce in Texas is not very difficult. One has to follow three basic steps or procedures for a divorce. This includes filing the divorce papers, notifying your spouse about the same and finally one has to attend the hearing of divorce as per Texas laws.