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Instructions & Forms for an Agreed Divorce with Children

Warning: These guidelines outline the fundamental steps for obtaining a mutually agreed divorce when children are involved. Each step is accompanied by a hyperlink to the necessary form(s) required for that particular stage. Use these instructions if:
  • You and your spouse are in agreement regarding all matters, including child custody and support, and are willing to sign the requisite court documents; and
  • There are no existing court orders regarding the custody and support of your children, apart from a family violence protective order.
If there is an existing final court order concerning the custody and support of your children (excluding a family violence protective order), refer to this alternative guide: “I need a divorce. We have minor children. A final custody and support order is already in place.“ In the event of a family violence protective order, seek assistance from the Legal Help Directory to discuss your legal options with a professional. If you have been a victim of family violence, you may be eligible for complimentary legal assistance. For access to both instructions and forms, click here to print them out.

Checklist Steps

Step 1: Determine where to file your divorce.

Ensuring you file for divorce in the correct county is crucial. If you file in the wrong county, your case may be dismissed.

You have two options for filing:

  1. You can file in the county where you currently reside if:
    • You have been living in that county for the past 90 days, and
    • You have been a resident of Texas for at least the past 6 months.
  2. Alternatively, you can file in the county where your spouse resides if:
    • Your spouse has been living in that county for the past 90 days, and
    • Your spouse has been a resident of Texas for at least the past 6 months.

If neither you nor your spouse meet these residency requirements, it’s advisable to consult with a lawyer.

For further details, refer to the Frequently Asked Questions (FAQs) on FAQs: Filing a Divorce with Children.

Step 2: Complete the initial paperwork.

Fill out this starting form:

  • Original Petition for Divorce (Set B) (called the Petition for short)

To begin your divorce proceedings, you will need to file (turn in) the Petition at the courthouse. This document serves to inform the judge and your spouse of your desire to seek a divorce and outlines the specific requests you wish the judge to address in the Final Decree of Divorce. Additional guidance on your available options can be found in the accompanying Divorce FAQ and related Divorce Articles.

When completing the Petition:

  • Write your responses legibly using either blue or black ink. Ensure all sections are completed; do not leave any blanks.
  • You will be identified as the “petitioner,” while your spouse will be referred to as the “respondent.”
  • If you encounter any uncertainties or require assistance, it is advisable to seek consult page.

Please Note: The Petition requires your address, as your spouse will receive a copy. If you have concerns about disclosing your address to your spouse, consider contacting the Family Violence Legal Line at 281-810-9760 for free advice.

Fill out these additional starting forms if required for your case:

  • Civil Case Information Sheet
    • (NOTE: the Texas Supreme Court has repealed the rule requiring the civil case information sheet, so you may not need this form. If you are filing paper documents in person at the clerk’s office, you should complete it and bring it anyway, however).
  • Exhibit: Out-of-State Party Declaration (required only if you or your spouse lives outside of Texas)
  • Statement of Inability to Afford Payment of Court Costs (use only if you cannot afford to pay the filing fee for your case) You can call the clerk’s office to learn the filing fee for your case. Learn more here: Court Fees and Fee Waivers.

Make two copies of these completed starting forms:

  • Original Petition for Divorce
  • Exhibit: Out-of-State Party Declaration (only if you or your spouse lives outside of Texas)
  • Statement of Inability to Afford Payment of Court Courts (only if you are asking the court to waive court costs)

Step 3: Submit your completed initial paperwork.

Submit your completed Petition and other necessary starting forms to the court. Here’s how:

  1. Determine if your county has standing orders. If so, attach a copy of the standing orders to your Petition.
  2. To file your forms online, visit E-File Texas and follow the provided instructions.
  3. Alternatively, if you prefer to file your divorce forms in person:
    • Take your Original Petition for Divorce along with any additional starting forms (and copies) to the district clerk’s office in the county you’ve determined to be the appropriate filing location for your divorce.
    • At the clerk’s office:
      • Submit your Petition and other starting forms (along with copies).
      • Pay the filing fee. If you cannot afford the fee, file your completed Statement of Inability to Afford Payment of Court Costs.
      • Contact the clerk’s office in advance to inquire about the filing fee specific to your case.
      • Inquire with the clerk about any local standing orders that need to be followed or attached to your documents.
      • Ask about any local rules or procedures pertinent to your divorce.
  4. The clerk will assign your “Cause Number” and “Court Number” at the top of the first page of your Petition. Be sure to include these numbers at the top of any document you file in your divorce case.
  5. The clerk will stamp the copies with the date and time of filing. You will retain one copy, and one copy will be provided for your spouse.

If you have any further questions or need assistance, feel free to ask the clerk or seek legal advice.

Step 4: Inform the relevant authorities, such as the Office of the Attorney General, if required.

If your child has ever received TANF or Medicaid, you’ll need to follow these steps:

  1. Send a File-Stamped Copy of Your Petition to the Office of the Attorney General (OAG) Child Support Division.
    • Email Option: Scan a file-stamped copy of your Petition and email it to the OAG child support office in the county where your case is filed. Find the email address for the OAG child support office in the county where your case is filed. You can find the email addresses for Child Support Offices here. Include the cause number and the county where you filed your case in the subject line of the email. Keep a printed copy of your email as proof, which you’ll need when you go to court.
    • Certified Mail Option: Alternatively, mail a copy of your Petition by certified mail return receipt requested. Obtain the necessary forms for certified mail return receipt requested from the post office.  Find the mailing address for the OAG child support office in the county where your case is filed. You can find the mailing addresses for Child Support here. Address the envelope to the OAG child support office in the county where your case is filed. The post office will provide you with a receipt upon mailing, and the OAG will sign the return receipt (commonly known as the “green card”) and mail it back to you. Keep both the mailing receipt and the return receipt (green card) as proof, which you’ll need when you go to court.

These steps ensure compliance with the requirement to notify the Office of the Attorney General (OAG) Child Support Division if your child has received TANF or Medicaid benefits. Make sure to retain the necessary proof and bring it with you when you attend court to finalize your case.

Step 5: Request your spouse’s signature on the Answer or Waiver of Service document.

Give your spouse:
  • a file-stamped copy of your Original Petition for Divorce, and
  • a blank Waiver of Service Only (Set B) form – OR – a blank Respondent’s Original Answer (Set B) form.
WARNING! Do not hand-deliver any papers to your spouse if there has been violence during your relationship, especially if a judge has signed a Protective Order ordering you or your spouse to stay away from the other. You can have your spouse served instead. If you decide to have your spouse served, use these instructions instead: Instructions & Forms for a Default Divorce with Children in the checklist below this checklist. Ask your spouse to:
  • fill out and sign the Waiver of Service Only form, or the Respondent’s Original Answer form.Your spouse can fill out and sign either form.The Waiver of Service Only form must be signed in front of a notary. If your spouse plans to sign the Waiver of Service Only form, tell your spouse to sign it in front of a notary at least one day after you filed the Petition. Otherwise, your spouse will have to redo it. The Respondent’s Original Answer form does not have to be signed in front of a notary.
  • return the signed form to you or turn it in at the clerk’s office.If your spouse returns the signed form to you, make a copy and file the original at the clerk’s office. You can file it now or when you go to court to finish your case.
Tip: If your divorce is agreed, your spouse must also sign a completed Final Decree of Divorce form. It may save you time to fill out the Final Decree of Divorce form now and send it to your spouse with the Waiver of Service or Answer form. Read Step 6 for information about filling out the Final Decree of Divorce form. CHANGE IN LAW! All family law cases filed after September 1, 2023, no longer need to exchange the previously mandatory Required Initial Disclosures. If your case was filed before September 1, 2023, after a party to a family law case (like a divorce) files an answer, both sides are obligated to exchange certain information and documents within 30 days. The form is here: Required Initial Disclosures in Divorces, Annulments, and Suits to Declare Marriage Void See Rule 11 Agreements for information (and forms) about one way to waive required disclosures by agreement.

Step 6: Complete the Final Decree of Divorce and any other concluding paperwork.

Fill out this ending form:

When it’s time to finalize your divorce, you’ll request the judge to sign the Final Decree of Divorce form. This document marks the conclusion of your marriage and establishes directives concerning your children, property, and debt. Depending on your case, it may also include additional orders.

Before going to court, ensure that the Final Decree of Divorce form is fully completed (excluding the judge’s signature). Consider filling it out with your spouse, if possible. Here are some guidelines for completing the form:

  • Print your responses legibly using blue or black ink. Avoid leaving any blanks.
  • You are designated as the “petitioner,” while your spouse is identified as the “respondent.”
  • Print out and complete a Standard Possession Order form.
    • If the standard possession schedule suits your family’s needs, fill it out and attach it to the Final Decree of Divorce. However, if it doesn’t work or wouldn’t ensure the safety of your children, consider hiring a lawyer to draft a possession order tailored to your family’s specific requirements. Various standard possession orders are available, depending on whether your suit was filed before September 1, 2021, or after that date. Alternatively, you may find suitable possession orders included with this article: Child Visitation and Possession Orders
    • A Possession Order form will NOT automatically print with the Final Decree of Divorce form. Ensure thorough completion of these documents to facilitate the finalization of your divorce proceedings.

Complete the following additional ending forms if they are required for your case:

  1. Income Withholding Order for Support (if child support will be ordered).
  2. Qualified Domestic Relations Order (QDRO): If you are dividing retirement benefits (other than an IRA), you must also complete a form called a Qualified Domestic Relations Order (QDRO). This website does not provide QDRO forms. You may contact the employer or retirement plan administrator to see if they have a sample QDRO form. If not, it’s advisable to hire a lawyer to draft the QDRO form. Even if you use the employer or plan administrator’s form, it’s essential to have a lawyer review it to ensure you are not forfeiting important benefits. Prepare the QDRO before going to court, so the judge can sign it when finalizing your divorce. Learn more here: Dividing Retirement Benefits Upon Divorce.
  3. Information on Suit Affecting the Family Relationship form (also known as the “Austin” form): This form must be printed on one page (front and back).

Ensure thorough completion of these forms to address all necessary aspects of your divorce proceedings.

Step 7: Seek a review of the Final Decree of Divorce form, if available.

Some counties mandate that the Final Decree of Divorce form be reviewed by an attorney, while others do not. It’s advisable to contact the district clerk’s office in your county to ascertain local requirements. Even if not mandatory, seeking a review from a family law lawyer is prudent. Family law lawyers specialize in cases involving families, such as divorce cases.

You have options for legal assistance:

  1. Limited Scope Representation: You can hire a family law lawyer solely to review your forms. This arrangement is known as limited scope representation.
  2. Ask or Schedule for a Consult: Make use of our expertise by making it appealing to consult with us by clicking this link or call to our phone number.

 

Seeking legal guidance ensures that your divorce process proceeds smoothly and that your rights and interests are protected.

Step 8: Request your spouse’s signature on the Final Decree of Divorce document.

Ask your spouse to:

  • Review and sign your completed Final Decree of Divorce form, and
  • Return the signed Final Decree of Divorce form to you.

Note: Ensure that the Final Decree of Divorce form, including the attached possession order, is fully filled out before your spouse signs it. Once signed by your spouse, changes cannot be made to the Final Decree of Divorce unless your spouse initials each change.

Keep the signed Final Decree of Divorce form safe until it’s time to finalize your case.

Step 9: Observe the 60-day waiting period.

In nearly all instances, you must observe a waiting period of at least 60 days before finalizing your divorce.

To calculate the 60 days, locate the day you filed your Original Petition for Divorce on a calendar, and then count out 60 additional days, inclusive of weekends and holidays. If the 60th day falls on a weekend or holiday, proceed to the next business day.

Note: Exclude the day you filed your Original Petition for Divorce when counting the 60-day waiting period. The following day is considered Day 1.

There are only two exceptions to the 60-day waiting period:

  1. If your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household, the 60-day waiting period is waived.

  2. If you possess an active protective order or magistrate’s order for emergency protection against your spouse due to family violence during your marriage, the 60-day waiting period is waived.

 

Note: While you can opt to wait longer than 60 days, your divorce cannot be finalized in fewer than 60 days unless one of these exceptions applies.

Step 10: Prepare for your court appearance.

Here’s a breakdown of the steps you need to take to proceed with your divorce:

  1. Contact the Clerk’s Office: Call the clerk’s office to inquire about when and where the court hears uncontested cases.
  2. Check with the Clerk Regarding OAG Filing: If you sent a copy of your Petition to the Office of the Attorney General (OAG), ask the clerk if the OAG filed anything in your case.
    • If no, you can proceed with finalizing your divorce without further notice to the OAG.
    • If yes, seek guidance from a lawyer about the next steps. You can use Ask a Question to chat with a lawyer online.
  3. Review Sample Testimony: Print and review the sample testimony provided for divorces with children. Ensure that everything in the sample testimony is true for you. If not, consult with a lawyer. Remember, all statements made in court must be true and correct, as lying in court can lead to criminal charges.
    • Sample Testimony Divorce with Children (Set B)

Read the article Tips for the Courtroom for more information about going to court.

Need to finish the case WITHOUT going to the courthouse?
 
  1. Consider Using an Affidavit: Some judges may accept an affidavit instead of short testimony to satisfy the prove-up requirements in an agreed divorce. To determine if the judge will accept an affidavit, especially for divorces with children, contact the court coordinator. If accepted, you can use the Affidavit for Prove-Up of Agreed Divorce With Children form. This form must be sworn in front of a notary, and all information provided must be accurate.
  2. Explore Virtual Appearance Options: If you prefer to appear virtually, you may need to file a motion for the use of emergency procedures. Review the guidelines outlined in Asking to Appear in Court by Video App or Phone During COVID-19 (Divorce With Children).

By following these steps, you can navigate the finalization of your divorce process effectively and efficiently.

Step 11: Attend the court proceedings to finalize your divorce.

Make sure to bring the following documents with you to the courthouse on the day you intend to finalize your case:
  • A file-stamped copy of your Original Petition for Divorce.
  • The Waiver of Service or Answer form filled out and signed by your spouse (and an additional copy).
  • The Final Decree of Divorce form completely filled out and signed by both you and your spouse (ensuring a completed possession order is attached).
  • The Income Withholding Order for Support if child support will be ordered.
  • The Sample Testimony Divorce with Children (Set B).
  • Any additional documents required for your specific case, such as a Qualified Domestic Relations Order (QDRO) signed by both you and your spouse if you are dividing a retirement account.
  • The completed Information on Suit Affecting the Family Relationship form (also known as the “Austin” form), printed on one sheet of paper (front and back).
Upon arrival at the courthouse, proceed to the clerk’s office:
  • File the Respondent’s Original Answer or Waiver of Service Only form that was filled out and signed by your spouse. Request the clerk to file stamp your copy, which you should bring with you to court.
  • Inquire if you need the court file or docket sheet (list of what has been filed in your case).
When you enter the courtroom:
  • Inform the clerk of your presence and submit your paperwork. Take a seat and wait until the judge calls your case.
  • When your case is called, approach the front of the courtroom and stand in front of the judge’s bench. The judge will have you raise your right hand and swear to tell the truth.
  • Be prepared for the judge to ask you questions or request you to read your testimony. Have your Sample Testimony for Divorce with Children ready.
  • The judge will carefully review your statements and documents. If everything is in order, the judge will sign your Final Decree of Divorce, marking the completion of your divorce process.

Step 12: Submit the signed Final Decree of Divorce to the appropriate authority.

After the judge signs your Final Decree of Divorce, return to the clerk’s office to complete the final steps:
  • File (turn in) the Final Decree of Divorce and any other orders signed by the judge: Your divorce is not considered final until you complete this step.
  • Obtain certified copies: Request a certified copy of your Final Decree of Divorce and any other orders signed by the judge from the clerk. The clerk may charge a fee for the certified copies. If your name was changed, ensure to obtain at least 3 certified copies of your Final Decree of Divorce for submission to the relevant agencies listed in Step 13.
  • Set up child support account: If child support was ordered, inquire with the clerk about the procedure for setting up a child support account. Follow their instructions accordingly.
  • File the completed Information on Suit Affecting the Family Relationship form: Submit the completed form (also known as the “Austin” form), printed on one sheet of paper (front and back), to the clerk’s office.
  • Complete and submit the Record of Support Order: Fill out and submit the Record of Support Order to the clerk’s office to establish the child support account.
Completing these tasks ensures that all necessary documentation is filed correctly, and any administrative requirements related to your divorce are fulfilled.

Step 13: Following the completion of your divorce.

After obtaining a file-stamped copy of your Final Decree of Divorce and any other orders signed by the judge, be sure to send a copy to your spouse. Additionally, follow these additional steps as necessary:

  • Child Support and Medical Support Information: If you were ordered to pay child support and/or cash medical support, gather additional information from the Texas Attorney General Website or by calling 1-(800) 252-8014.
  • Enforcement of Child Support: If your ex-spouse was ordered to pay child support and/or medical support but fails to do so, contact the Texas Attorney General Child Support Division for assistance in enforcing your order.
  • Name Change Procedures: If your name was changed as part of the divorce proceedings, take a certified copy of your Final Decree of Divorce to the following agencies:
    • Your local Social Security Administration (SSA) office to update your social security card.
    • Your local Department of Public Safety (DPS) office to update your driver’s license or state identification card.
    • Your County Voter Registrar to update your voter registration card. For further assistance, contact the Texas Secretary of State.
    • Contact the U.S. State Department to update your name on your passport.
  • Vehicle Title Transfer: If a vehicle (not already in your name alone) was awarded to you, provide a certified copy of the Final Decree of Divorce to your county tax office and apply for title transfer. Ensure that the vehicle identification number (VIN) is listed in your Final Decree of Divorce.
  • Real Property Title Transfer: File deeds to transfer title to real property (house or land) at the property records office in the county where the property is located.
  • Qualified Domestic Relations Order (QDRO): If the judge signed a QDRO dividing a retirement account, send a certified copy of the QDRO to the administrator of the retirement plan by certified mail return receipt requested. Failure to do so may result in not receiving your share of the retirement funds.
  • Update Beneficiary Designations: Revise your will, insurance policies, and all financial account beneficiary designations as needed to reflect the changes resulting from the divorce.

Completing these steps ensures that all necessary administrative tasks are addressed following the finalization of your divorce.

Forms Required

Original Petition for Divorce [Divorce Set B]
Civil Case Information Sheet
Fee Waiver (Bilingual) – Statement of Inability to Afford Payment of Court Costs or an Appeal Bond
Information on Suit Affecting the Family Relationship (Excluding Adoptions)
Exhibit: Out-of-State Party Declaration
Required Initial Disclosures in Divorces, Annulments, and Suits to Declare Marriage Void (for suits filed BEFORE September 1, 2023)
Waiver of Service Only (Specific Waiver) [Divorce Set B]
Respondent’s Original Answer [Divorce Set B]
Final Decree of Divorce [Divorce Set B]
Standard Possession Order
Income Withholding for Support
Sample Testimony for Divorce with Children
Affidavit for Prove-Up of Agreed Divorce With Children
Record of Support Order
Low-Income Child Support Guidelines Handout

Source URL: https://www.bryanfagan.com/i-need-a-divorce-we-have-children-under-18/