The state of Texas provides forms and guides for married couples who want to file a do-it-yourself divorce with or without children. Get forms that comply with Texas divorce law, and learn about the requirements for legal notice in Texas, also known as Service of Process.
Texas Divorce Law Forms
Texas divorce law requires a properly completed petition for divorce, whether the forms are submitted by a divorce attorney or not. The easiest form of divorce is a divorce without children:
Petition for Divorce in Texas Without Children – Use this online interactive form to fill in the Texas petition for divorce. The form will prompt you for questions about your situation, and fill in the petition with the appropriate information as necessary.
Petition for Divorce in Texas With Children – Use this instruction guide for do-it-yourself divorces in Texas, but only if you fill all of the following requirements:
- The divorce must be uncontested. In other words, both spouses must agree on every aspect of the divorce, including the division of all property and debts.
- The wife must not be pregnant. If the wife is pregnant, consult an attorney.
- Neither spouse may have a pending bankruptcy case.
- One of the spouses must have lived in Texas within the six months prior to filing.
Whether you are filing for divorce with or without a lawyer in Texas, you need to properly serve the divorce papers on your spouse. There is one exception to this requirement: A responding spouse may waive service by signing and notarizing a special waiver of service. For all other cases, you can use a Process Server to give a copy of the petition to your spouse. Tips for legal notice in Texas:
- You can’t serve the papers yourself – it has to be someone else.
- If you need someone to serve your papers, try the local sheriff’s office look in the phonebook for a professional Process Server who serves in your area.
Texas – Do It Yourself Divorce
A Texas do-it-yourself divorce can be a simple and inexpensive method of ending a marriage, but an attorney's advice can prevent various legal hang-ups. This article is meant to be used for general information purposes only, and is not legal advice. Please see an attorney for information about your specific circumstances. Need some help? Read Finding the Best Divorce Attorney Before Filing for Divorce.
Victoria Nicks - Victoria Nicks has a Master's Degree in IT, and extensive hands-on experience with various types of hardware and software.
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