This divorce package is to be used if you and your spouse (opposite sex couples only) agree about all the issues, will both sign the necessary court forms and have no minor children.
This divorce package is to be used if you and your spouse (opposite sex couples only) agree about all the issues, will both sign the necessary court forms and have no minor children.
View Uccjea affidavit texas form 12.902(d)
View Texas non military affidavit form
View Affidavit of non military service form texas
View Sample affidavit for attorney fees texas form
View Sample affidavit for attorney fees texas for divorce
Make the process of finding the needed Divorce Package more straightforward. Choose your state, clarify circumstances, and get forms that suit your case.
A Texas no fault divorce is a type of divorce where neither party is required to prove that the other spouse is at fault for the breakdown of the marriage. Instead, it is based on the grounds of insupportability, meaning there is an irreparable discord.
To obtain a Texas no fault divorce with a child, you need to ensure that both parties agree on the terms of the divorce, especially regarding child custody, visitation, and support. It is also necessary to fill out and file the appropriate forms with the court.
For a Texas no fault divorce with a child, you need to complete and file forms such as the Petition for Divorce, the Waiver of Service, the Decree of Divorce, the Child Support Order, and the Child Custody and Visitation Order. These forms can be obtained from the court or online.
When filling out the Texas no fault divorce forms with a child, it's important to provide accurate and detailed information. You'll need to include details about both spouses, the child involved, and specific terms related to custody, visitation, and child support. If you're unsure about any section, seeking legal advice is recommended.
After filing the Texas no fault divorce forms with a child, you will need to serve the papers to the other spouse. They will then have an opportunity to respond. If both parties agree on the terms of the divorce, a court hearing may not be necessary. However, if disagreements arise, a judge will make decisions regarding child custody, support, and visitation.
Yes, it is possible to modify child custody and support arrangements after a Texas no fault divorce. However, there must be a significant change in circumstances to warrant a modification. This can include changes in the child's needs, a parent's relocation, or other substantial factors. It's best to consult with an attorney to guide you through the modification process.
The timeline for a Texas no fault divorce with a child can vary depending on the specific circumstances and the court's workload. On average, it may take several months to finalize a divorce, especially if there are disputes regarding child custody and support. The more amicable the process, the quicker it is likely to be resolved.
While it is not mandatory to hire a lawyer for a Texas no fault divorce with a child, having legal representation can be beneficial. An experienced attorney can guide you through the process, help ensure your rights are protected, and assist in negotiating fair terms regarding child custody, support, and visitation.
The cost of a Texas no fault divorce with a child can vary depending on various factors such as legal fees, court filing fees, and potential mediation costs. However, compared to fault-based divorces, no fault divorces tend to be less costly as they generally involve less conflict and litigation. It's advisable to discuss the potential expenses with your attorney beforehand.
Yes, it is possible to represent yourself in court for a Texas no fault divorce with a child. However, it's important to note that family law can be complex, and having legal knowledge and experience can greatly benefit your case. If you choose to proceed without an attorney, thorough research and preparation are essential.
Grounds: 6.001. Insupportability
On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
General Residency Rule for Divorce Suit
A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:
(1) a domiciliary of this state for the preceding six-month period; and6.401. Caption
Pleadings in a suit for divorce or annulment shall be styled "In the Matter of the Marriage of __________ and __________."
6.402. Pleadings
(a) A petition in a suit for dissolution of a marriage is sufficient without the necessity of specifying the underlying evidentiary facts if the petition alleges the grounds relied on substantially in the language of the statute.The respondent in a suit for dissolution of a marriage is not required to answer on oath or affirmation.
6.4035. Waiver of Service
(a) A party to a suit for the dissolution of a marriage may waive the issuance or service of process after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.6.404. Statement on Alternate Dispute Resolution
(a) A party to a proceeding under this title shall include in the first pleading filed by the party in the proceeding the following statement: "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE RESOLUTION METHODS, INCLUDING MEDIATION. WHILE I RECOGNIZE THAT ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH TO RESOLVE BEFORE FINAL TRIAL CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVENTION."6.408. Service of Citation
Citation on the filing of an original petition in a suit for dissolution of a marriage shall be issued and served as in other civil cases. Citation may also be served on any other person who has or who may assert an interest in the suit for dissolution of the marriage.
6.409. Citation by Publication
(a) Citation in a suit for dissolution of a marriage may be by publication as in other civil cases, except that notice shall be published one time only.STATE OF TEXAS
To (name of person to be served with citation), and to all whom it may concern (if the name of any person to be served with citation is unknown), Respondent(s),
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10 a.m. on the Monday next following the expiration of 20 days after you were served this citation and petition, a default judgment may be taken against you. The petition of __________, Petitioner, was filed in the Court of __________ County, Texas, on the ______ day of __________, against __________, Respondent(s), numbered ______, and entitled In the Matter of Marriage of __________ and __________. The suit requests __________ (statement of relief sought).'
The Court has authority in this suit to enter any judgment or decree dissolving the marriage and providing for the division of property that will be binding on you.
Issued and given under my hand and seal of said Court at __________, Texas, this the ______ day of __________, ______.
..............................
Clerk of the __________ Court of ____________ County, Texas
By _______, Deputy.
(c) The form authorized in this section and the form authorized by Section 102.010 may be combined in appropriate situations.6.702. Waiting Period
(a) The court may not grant a divorce before the 60th day after the date the suit was filed. A decree rendered in violation of this subsection is not subject to collateral attack.6.701. Failure to Answer
In a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer.
6.703. Jury
In a suit for dissolution of a marriage, either party may demand a jury trial unless the action is a suit to annul an underage marriage under Section 6.101 or 6.102.
6.704. Testimony of Husband or Wife
(a) In a suit for dissolution of a marriage, the husband and wife are competent witnesses for and against each other. A spouse may not be compelled to testify as to a matter that will incriminate the spouse.6.706. Change of Name
(a) In a decree of divorce or annulment, the court shall change the name of a party specifically requesting the change to a name previously used by the party unless the court states in the decree a reason for denying the change of name.6.710. Copy of Decree
The clerk of the court shall mail a copy of the final decree of dissolution of a marriage to the party who waived service of process under Section 6.4035 by mailing the copy of the decree to the party at the mailing address contained in the waiver or to the office of the party's attorney of record.
6.801. Remarriage
(a) Except as otherwise provided by this subchapter, neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed.Grounds: 6.001. Insupportability
On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
General Residency Rule for Divorce Suit
A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:
(1) a domiciliary of this state for the preceding six-month period; and6.401. Caption
Pleadings in a suit for divorce or annulment shall be styled "In the Matter of the Marriage of __________ and __________."
6.402. Pleadings
(a) A petition in a suit for dissolution of a marriage is sufficient without the necessity of specifying the underlying evidentiary facts if the petition alleges the grounds relied on substantially in the language of the statute.The respondent in a suit for dissolution of a marriage is not required to answer on oath or affirmation.
6.4035. Waiver of Service
(a) A party to a suit for the dissolution of a marriage may waive the issuance or service of process after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.6.404. Statement on Alternate Dispute Resolution
(a) A party to a proceeding under this title shall include in the first pleading filed by the party in the proceeding the following statement: "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE RESOLUTION METHODS, INCLUDING MEDIATION. WHILE I RECOGNIZE THAT ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH TO RESOLVE BEFORE FINAL TRIAL CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVENTION."6.408. Service of Citation
Citation on the filing of an original petition in a suit for dissolution of a marriage shall be issued and served as in other civil cases. Citation may also be served on any other person who has or who may assert an interest in the suit for dissolution of the marriage.
6.409. Citation by Publication
(a) Citation in a suit for dissolution of a marriage may be by publication as in other civil cases, except that notice shall be published one time only.STATE OF TEXAS
To (name of person to be served with citation), and to all whom it may concern (if the name of any person to be served with citation is unknown), Respondent(s),
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10 a.m. on the Monday next following the expiration of 20 days after you were served this citation and petition, a default judgment may be taken against you. The petition of __________, Petitioner, was filed in the Court of __________ County, Texas, on the ______ day of __________, against __________, Respondent(s), numbered ______, and entitled In the Matter of Marriage of __________ and __________. The suit requests __________ (statement of relief sought).'
The Court has authority in this suit to enter any judgment or decree dissolving the marriage and providing for the division of property that will be binding on you.
Issued and given under my hand and seal of said Court at __________, Texas, this the ______ day of __________, ______.
..............................
Clerk of the __________ Court of ____________ County, Texas
By _______, Deputy.
(c) The form authorized in this section and the form authorized by Section 102.010 may be combined in appropriate situations.6.702. Waiting Period
(a) The court may not grant a divorce before the 60th day after the date the suit was filed. A decree rendered in violation of this subsection is not subject to collateral attack.6.701. Failure to Answer
In a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer.
6.703. Jury
In a suit for dissolution of a marriage, either party may demand a jury trial unless the action is a suit to annul an underage marriage under Section 6.101 or 6.102.
6.704. Testimony of Husband or Wife
(a) In a suit for dissolution of a marriage, the husband and wife are competent witnesses for and against each other. A spouse may not be compelled to testify as to a matter that will incriminate the spouse.6.706. Change of Name
(a) In a decree of divorce or annulment, the court shall change the name of a party specifically requesting the change to a name previously used by the party unless the court states in the decree a reason for denying the change of name.6.710. Copy of Decree
The clerk of the court shall mail a copy of the final decree of dissolution of a marriage to the party who waived service of process under Section 6.4035 by mailing the copy of the decree to the party at the mailing address contained in the waiver or to the office of the party's attorney of record.
6.801. Remarriage
(a) Except as otherwise provided by this subchapter, neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed.