Instructions & Forms for an Agreed Divorce without Children

2020 03 19 Instructions for uncontested divorce, without children, by affidavit.

These instructions are adapted from Instructions & Forms for an

Agreed Divorce without Children, found at

www.Texaslawhelp.org, for use in an Agreed Divorce without

Children, where the parties do not appear in Court in person. They are

not a substitute for legal advice, and are not suitable for

circumstances.

Instructions & Forms for an Agreed

Divorce without Children

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These instructions explain the basic steps in an agreed divorce without

children. Each step includes a link to the form or forms needed for that

step. Click on the step to expand it with more information.

Use these instructions if:

•

you and your spouse do not have any minor children together, - and -

•

you and your spouse agree about all the issues and will both sign the necessary

court forms.

Have you read the Frequently Asked Questions and related Articles?

These instructions are part of this TexasLawHelp.org Toolkit: I need a divorce. We

do not have minor children. Before getting started, it’s important to read

the Frequently Asked Questions and Articles included in the Toolkit.

WARNING! These instructions provide general information, not legal advice. It’s a

good idea to talk with a lawyer about your particular situation.

You can print these instructions to use as a checklist.

To print out both instructions and forms, click here (for opposite-sex

couples) or here (for same-sex couples).

Hide Checklist

Step 1: Determine where to file your divorce.

It’s important to file for divorce in the correct county. If you file in the wrong county,

your case will be dismissed.

You can file for divorce in the county where you live or the county where your

spouse lives as long as you or your spouse meets these residency requirements:

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2020 03 19 Instructions for uncontested divorce, without children, by affidavit.

•

You can file for divorce in the county where you live as long as:

o you have lived in that county for at least the last 90 days - and -

o you have lived in Texas for at least the last 6 months.

•

Or, you can file for divorce in the county where your spouse lives as long as:

o your spouse has lived in that county for at least the last 90 days - and -

o your spouse has lived in Texas for at least the last 6 months.

If neither you nor your spouse meet the residency requirements, talk with a lawyer.

Read the Frequently Asked Questions, FAQs: Filing a Divorce without Children,

for more information.

Step 2: Fill out the starting forms.

Fill out an Original Petition for Divorce form (called the Petition for short)

•

Use this version if you have an opposite-sex marriage: Original Petition for

Divorce (Set A)

•

Use this version if you have a same-sex marriage: Original Petition for Divorce

(Set D)

You will file (turn in) the Petition at the courthouse to start your divorce case. The

Petition tells the judge and your spouse that you want a divorce and states what

you want the judge to order in the Final Decree of Divorce. The Frequently Asked

Questions and related Articles included with these instructions will help you

understand your options.

When you fill out the Petition:

•

Print your answers neatly in blue or black ink. Do not leave blanks.

•

You are the “petitioner” and your spouse is the “respondent.”

•

Talk to a lawyer if you have questions or need help.

Note: The Petition asks for your address. Your spouse will get a copy of the

Petition. If you are concerned about your spouse knowing your address, call the

Family Violence Legal Line at 800-374-4673 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.).

•

Information on Suit Affecting the Family Relationship (required for all cases)

•

Statement of Inability to Afford Payment of Court Costs (use only if you cannot

afford to pay the filing fee for your case) 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:

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2020 03 19 Instructions for uncontested divorce, without children, by affidavit.

•

Original Petition for Divorce

•

Statement of Inability to Afford Payment of Court Courts (only if you are asking the

court to waive court costs)

Step 3: File (turn in) your starting forms.

File (turn-in) your completed Petition and additional starting forms with the court.

•

To file your forms online, go to E-File Texas and follow the instructions.

You are strongly encouraged to use E-File Texas.

•

To file your forms in person, take your Petition and additional starting forms (and

copies) to the district clerk’s office in the county you determined is the correct county

to file for divorce.

At the clerk’s office:

•

Turn in your Petition and other starting forms (and copies).

•

Pay the filing fee (or file your completed Statement of Inability to Afford Payment of

Court Costs if you cannot afford the fee). You can call the clerk’s office ahead of time

to learn the filing fee for your case.

•

Ask the clerk if there is a local standing order that you need to follow or attach to any

of your documents.

There is. Attachment for Atascosa County.

Attachment for Frio, Karnes, La Salle and Wilson.

•

Ask the clerk if there are local rules or procedures you need to know about for your

divorce.

•

The clerk will write your “Cause Number” and “Court Number” at the top of the first

page of your Petition. Write these numbers at the top of any document you file in

your divorce case.)

•

The clerk will “file stamp” your copies with the date and time. The clerk will keep the

original and give you back your copies. One copy is for you and one copy is for your

spouse.

Step 4: Ask your spouse to sign an Answer or Waiver of Service form.

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2020 03 19 Instructions for uncontested divorce, without children, by affidavit.

Give your spouse:

•

a file-stamped copy of your Original Petition for Divorce, and

•

a blank Waiver of Service Only (Set A or D) form OR a blank Respondent’s

Original Answer (Set A or D) 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: Instructions & Forms for a Default Divorce without Children.

Ask your spouse to:

•

fill out and sign the Waiver of Service Only (Set A or D) form OR the Respondent’s

Original Answer (Set A or D) 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.

The Respondent is Strongly encouraged to use E-File Texas.

TIP: If your divorce is agreed, your spouse must also sign a completed Final

Decree of Divorce form and a completed Waiver of Personal

Appearance and Consent to Uncontested Trial by Affidavit

form. (copy at end of this document) It may save you time to fill out the Final

Decree of Divorce form and Waiver of Personal Appearance and

Consent to Uncontested Trial by Affidavit form. (copy at end of

this document) now and send it to your spouse with the Waiver of

Service or Answer form. Read Step 5 for information about filling out the Decree.

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2020 03 19 Instructions for uncontested divorce, without children, by affidavit.

Step 5: Fill out the Final Decree of Divorce form.

Fill out the Final Decree of Divorce form.

•

Use this form if you have an opposite-sex marriage: Final Decree of Divorce (Set

•

Use this form if you have a same-sex marriage: Final Decree of Divorce (Set D)

You will ask the judge to sign the Final Decree of Divorce form when it’s time to

finish your divorce. When signed by the judge, the Final Decree of Divorce ends

your marriage and makes orders about your property and debt. It may include other

orders depending on your case.

The Final Decree of Divorce form must be completely filled out (except for the

judge’s signature) before you go to court. You and your spouse may want to fill out

the Final Decree of Divorce form together.

When you fill out the Final Decree of Divorce:

•

Print your answers using blue or black ink. Do not leave blanks.

•

You are the petitioner and your spouse is the respondent.

•

Talk to a lawyer if you have questions or need help.

If you or your spouse wants a name change (back to a name used before the

marriage, also fill out this form:

• Order Restoring Name Used Before Marriage

Note about retirement benefits: If you are dividing retirement benefits (other than

an IRA), you must also complete a form called a Qualified Domestic Relations

Order (QDRO). TexasLawHelp.org 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, you should hire a lawyer to draft the QDRO form. If you use the

employer or plan administrator’s form, you should still have a lawyer review it to

make sure you are not giving up important benefits. You should have the QDRO

prepared before you go to court, so the judge can sign it when you finish your

divorce. Learn more here: Dividing Retirement Benefits Upon Divorce.

Step 6: Have your Final Decree of Divorce form reviewed (if possible).

Some counties require this document to be reviewed by an attorney, while others

do not. You should talk to the district clerk's office or court coordinator in your

county about local requirements. Even if it's not required, it’s a good idea to have a

family law lawyer review your completed Final Decree of Divorce form. Family law

lawyers specialize in cases involving families, such as divorce cases.

You can hire a family law lawyer just to review your forms. This is called “limited

scope representation.” You may also be able to talk with a lawyer for free at a legal

clinic. If you need help finding a lawyer, you can:

•

Use our Legal Help Finder to search for a lawyer referral service, legal aid office or

self-help center in your area.

•

Check our Legal Clinic Calendar for free legal clinics in your area.

• Use Ask a Question to chat online with a lawyer or law student.

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2020 03 19 Instructions for uncontested divorce, without children, by affidavit.

Step 7: Ask your spouse to sign the Final Decree of Divorce form.

Ask your spouse to:

•

review and sign your completed Final Decree of Divorce form, and

•

review and sign your completed Waiver of Personal

Appearance and Consent to Uncontested Trial by Affidavit

form, (copy at end of this document) and

•

return the signed Final Decree of Divorce and Waiver of Personal

Appearance and Consent to Uncontested Trial by Affidavit

forms to you.

Note: Make sure the Final Decree of Divorce form is completely filled

out before your spouse signs it. You CANNOT make changes to the Decree once it

has been signed by your spouse, unless your spouse initials each change.

You will then:

•

sign the Final Decree of Divorce form and Waiver of Personal

Appearance and Consent to Uncontested Trial by Affidavit, and

•

keep the signed Final Decree of Divorce form until it is time to finish your case.

Note: If your spouse filed an answer or waiver of service only but will not sign

the Final Decree of Divorce form, your divorce is contested. To finish a contested

divorce, you must set a contested final hearing. You must give your spouse at least

45 days’ notice of the final hearing. Read this article to learn more: How to Set a

Contested Final Hearing (Family Law). It’s always best to have a lawyer if your

case is contested.

Step 8: Wait the 60-day waiting period.

In almost all cases, you must wait at least 60 days before you can finish your

divorce in court. You can always wait longer than 60 days, but your divorce cannot

be finished in fewer than 60 days.

When counting the 60 days, find the day you filed your Original Petition for

Divorce on a calendar, and then count out 60 more days (including weekends and

holidays). If the 60th day falls on a weekend or holiday, go to the next business

day. Note: When counting the 60 day waiting period, don’t count the day you filed

your Original Petition for Divorce. Day 1 is the next day.

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

•

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.

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2020 03 19 Instructions for uncontested divorce, without children, by affidavit.

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If you have an active protective order or an active magistrate’s order for emergency

protection against your spouse because of family violence during your marriage, the

60-day waiting period is waived.

Step 9: Get ready for court.

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

Print and complete the Information on Suit Affecting the Family

Relationship form (also known as the "Austin" or “BVS” form) on one sheet of

paper, printed on the front and back of the page.

You must fill out, and sign in front of a notary public,

the Affidavit for Prove-Up of Agreed Divorce Without

Children.

Step 10: File the papers with the District Clerk to finish your divorce.

STOP

If you have not checked as completed the task for EVERY

check box

ﬦ above, or, understanding what the task is,

concluded that the task does not apply to your case, you are

not ready. Do not send the papers listed below to the Clerk 1

or 2 at a time. Wait until you and your spouse have

completed, and signed, every paper.

Mail, or send by E-File Texas, these papers to the District Clerk to finish your case:

•

Waiver of Service or Answer form filled out and signed by your spouse; and

•

Final Decree of Divorce form completely filled out and signed by both you and

your spouse; and

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2020 03 19 Instructions for uncontested divorce, without children, by affidavit.

•

completed Waiver of Personal Appearance and Consent to

Uncontested Trial by Affidavit form (copy at end of this document);

•

Any additional documents needed 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.

•

Signed and notarized Affidavit for Prove-Up of Agreed

Divorce without children;

•

The completed Information on Suit Affecting the Family Relationship form (also

known as the "Austin" or “BVS” form), printed on one sheet of paper (front and

back).

The judge will review your papers. If everything is in order the judge will sign your

Final Decree of Divorce.

Step 11: File the signed Final Decree of Divorce.

After the judge signs your Final Decree of Divorce, contact the clerk’s office.

•

Get a certified copy of your Final Decree of Divorce and any other orders signed by

the judge from the clerk while you are there. The clerk may charge a fee for the

certified copies.

Step 12: After your divorce is finished.

Send a file-stamped copy of your Final Decree of Divorce and any other orders

signed by the judge to your spouse.

Follow these additional steps if they apply:

•

If your name was changed, take a certified copy of your Final Decree of Divorce to

the following agencies:

•

o Your local Social Security Administration (SSA) office to change your social

security card.

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2020 03 19 Instructions for uncontested divorce, without children, by affidavit.

Your local Department of Public Safety (DPS) office to change your driver’s

license or state identification card.

o Your County Voter Registrar to change your voter registration card. (For more

information, contact the Texas Secretary of State.)

o Contact the U.S. State Department to change your name on your passport.

•

Transfer car titles. If a vehicle (not already in your name alone) was awarded to you,

give a certified copy of the Final Decree of Divorce to your county tax office and

apply for title. The vehicle identification number (VIN) must be listed in

your Final Decree of Divorce.

•

File deeds to transfer title to real property (house or land) at the real property records

office in the county where the property is located.

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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. If this isn’t done, you won’t get your share of the retirement funds.

•

Revise your will, insurance policies and all financial account beneficiary designations

as needed.

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2020 03 19

CAUSE NO.___________________________

IN THE MATTER OF THE MARRIAGE OF

IN THE 81

218

DISTRICT COURT,

__________________________Petitioner, and

____________________________Respondent

or ATASCOSA COUNTY COURT AT LAW,

(AND IN THE INTEREST OF)

_____________________________________

__________________________(CHILDREN)

ATASCOSA, FRIO, KARNES, LA SALLE

or WILSON COUNTY, TEXAS

WAIVER OF PERSONAL APPEARANCE AND

CONSENT TO UNCONTESTED TRIAL BY AFFIDAVIT

I waive my right to personally appear in court, and consent to trial by affidavit of my uncontested

divorce, and, if applicable, suit affecting parent child relationship. I may withdraw this consent

only by filing, before the case is ruled on by the judge, a notice of withdrawal of consent with

the District Clerk, and sending a copy to my spouse, or spouse’s attorney, if any.

I UNDERSTAND THAT TEXAS LAW ASSUMES THAT ALL PROPERTY

BELONGING TO A MARRIED PERSON IS COMMUNITY PROPERTY. I

UNDERSTAND THAT THE DIVORCE DECREE MUST SHOW WHO WILL KEEP

EVERY VALUABLE BELONGING TO EITHER OF US, REGARDLESS OF WHEN IT

WAS ACQUIRED, WHOSE NAME IS ON THE TITLE, OR ANY AGREEMENT, OR

LACK OF DISPUTE, BETWEEN US.

______________________________ ______________________________

Petitioner Respondent

Date:______________________ Date:____________________

Approval of Counsel, if any.

______________________________ ______________________________

Petitioner’s Counsel Respondent’s Counsel

SBN:______________ SBN:____________

Date:__________________________ Date:__________________________