The Texas Uncontested Divorce Forms in 2021
In an uncontested divorce, you and your spouse are able to reach an agreement about issues like spousal support, child support, and child custody without the court stepping in.
An uncontested divorce can save you and your spouse time and money as opposed to a contested divorce.
If you’re looking to move forward with an uncontested divorce in Texas, you’re also probably wondering what Texas divorce forms you will need to fill out. Read on for a primer on what your divorce paperwork will likely entail.
What Forms Do I Need to File for a Divorce in Texas?
Exactly which divorce forms you will need to file with the court for your Texas divorce will depend on whether you and your spouse have children or not (more on that later), as well as things like whether you own any property.
If you are using a divorce lawyer, they will help make sure you’re filing the appropriate forms with the court.
The benefit of working with an attorney on your Texas divorce is that the attorney will be familiar with family law and make sure your documents are in line with the court’s expectations.
Your attorney can also give you legal advice on what to ask the court for in your divorce papers.
However, many couples these days opt to do an online divorce through a platform like It’s Over Easy.
If you’re looking to do an online divorce, you will provide the platform with information about you, your spouse, your marriage, property, child custody, etc. It’s Over Easy will then generate your divorce forms for you.
Yes, online divorce can be that simple!
Some couples also may opt to just take the DIY approach with their divorce forms. If you’re going the DIY route, some forms you will likely need to fill out are:
- Original Petition for Divorce Form
- Civil Case Information Sheet
- Information on suit affecting the Family Relationship
- Waiver of Service or Respondent’s original answer
- Final Decree of Divorce
- Affidavit of Military Status
However, you may end up filing additional divorce forms with the court depending on the specifics of your divorce case.
Forms for Uncontested Divorce in Texas with No Children
If you are filing for an uncontested Texas divorce and you do not have any children with your spouse, then you will file the below forms:
1. Starting Forms
You will also file the original petition for divorce form. Note, there’s one version of the petition for opposite-sex married couples and another version for same-sex married couples.
Additionally, you will need to fill out the Austin form, described above. This form is required for all divorce cases.
Some starting forms you may need to file are the Civil Case Information Sheet, Statement of Inability to Afford Payment of Court Costs, and Out-of-State Party Declaration.
Whether you need to file these starting forms depends on the circumstances of your case. See the explanation of these forms in the section above to determine whether they apply to you and your spouse.
2. Forms for Your Spouse to Fill Out
Just like if you are filing an uncontested divorce with children, your spouse then needs to fill out either the Waiver of Service form (must be notarized) or Respondent’s Answer form (does not to be notarized).
3. Final Decree of Divorce
If one spouse wants to change their name back, you may also fill out this form.
Forms for Uncontested Divorce in Texas with Children
If you and your spouse have children under the age of 18 together and there are no existing court orders for custody or child support payments already in place, then you will need to file the below divorce forms:
1. The Required Starting Form:
Also known as “the petition” for short. Filing the petition is what starts your Texas divorce.
The petition will tell the court that you and your spouse want a divorce and the petition will also state what you want the judge to order in the final divorce decree.
Note: If your child has ever received TANF or Medicaid, you will need to send a copy of your divorce petition to the Office of the Attorney General (OAG) Child Support Division either via certified mail or email.
2. Additional Starting Forms to File with the Petition If Applicable:
Under Texas law, you are no longer required to file the Civil Case Information sheet, so you may not need this form. However, if you are filing your divorce documents in person the court administration (your local county court clerk) may ask for it.
If you cannot afford to pay the filing fee for your divorce case, then you may fill out this form to have the court waive your filing fees.
If your spouse lives outside of Texas, you will also need to fill out this form.
3. Forms for Your Spouse to Fill Out
Your spouse needs to fill out either the:
Note: if your spouse decides to fill out the Waiver of Service form instead of the answer form they must get it notarized.
Or the Respondent’s Answer Form
Note: Since January 1, 2021, under Texas law, once your spouse either files the answer, waiver of service, or counter-petition with the court clerk in a divorce case, both sides have 30 days to make initial disclosures.
The initial disclosures involve the exchange of certain information and documents. It’s recommended that both you and your spouse speak to an attorney, but it is not necessary. You may use this form.
4. Final Decree of Divorce Form and Other Ending Forms
If child support is going to be ordered, you will also need to file an Income Withholding Order for Support form.
You must also complete the Information On Suit Affecting the Family Relationship form, commonly known as the “Austin” form.
Note: If you are an opposite-sex couple and the wife has a child from a previous marriage or relationship, you will also need to fill out an Acknowledgement of Paternity and Denial of Paternity form.
If you have a family protective order in place or you are a survivor of family violence, you may qualify for free legal services to help you with your Texas uncontested divorce forms or other family law matters.
You can find a legal aid organization via the Legal Help Directory.
How Do I File an Uncontested Divorce in Texas?
Whether you’re filing an uncontested divorce with or without children in a Texas court, here are six steps to file an uncontested divorce in Texas:
1. Determine Where to File Your Divorce
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 have lived in that county for the last 90 days AND you have lived in Texas for at least six months.
2. Fill Out and File the Starting Forms
This includes the petition and any other starting divorce forms listed above that apply to your divorce case.
You will file your starting forms in the district court you identified above. When you file, you will pay the filing fee (or file for the waiver described above).
You should also ask the clerk if there is a local standing order you need to follow or any local rules you need to know about.
3. Have Your Spouse Fill Out Their Forms
Your spouse will then fill out and sign the Waiver of Service or Respondent’s Answer form.
4. Fill Out the Final Decree of Divorce Form and Other Ending Forms
You will then fill out and sign the Final Decree of Divorce form.
If there are children involved, this is also where you make sure to fill out the Standard Possession Order form.
You will also fill out the Austin form at this stage.
Make sure your spouse reviews and signs the completed Final Decree of Divorce form and returns it to you.
5. Wait Out the 60-Day Mandatory Waiting Period
The Texas family code provides that in almost all cases, you and your spouse must wait at least 60 days before a Texas court will grant your divorce.
6. Go to Court to Finish Your Divorce
Once you have waited out the mandatory 60-day waiting period, you can go to court with your divorce papers and any additional documents needed for your specific case.
Go to the courthouse clerk’s office to turn in (file) the Respondent’s Original Answer or Waiver of Service Only. You will also bring with you the Final Decree of Divorce signed by your spouse.
After checking in with the clerk, you will then have to wait until the judge calls your case.
If everything looks in order, the judge will sign your final decree which you will then take back to the clerk’s office for official filing.
As you can see, uncontested divorces in Texas can be over in just a few steps!
However, it does still require quite a bit of time and effort to send your divorce papers back and forth between you and your soon-to-be ex-spouse.
If you’re planning to move forward with an uncontested divorce, you’re a good candidate for an online divorce.
It’s Over Easy can help you file all of your Texas uncontested divorce forms to take the stress off your plate!