Divorce in Texas WITHOUT Children

THESE DIVORCE FORMS CAN BE USED ONLY IF:

• There are no children under the age of 18 or still in high school born or adopted of the marriage.

AND

• You or your spouse have lived in Texas for at least 6 months.
• The wife is not pregnant with the husband?s child.
• You and your spouse agree on all issues in the divorce.

DO NOT USE THESE FORMS IF:

• There are children of the marriage younger than 18 who are not the subject of a prior final court order.
• The wife is pregnant with the husband?s child.
• You have a bankruptcy pending. (If you have a pending bankruptcy, you can still get a divorce, just not with these forms.

There should be 5 forms in this packet: Instructions, Original Petition, Waiver of Citation, Answer and Final Decree of Divorce.

1. Instructions

2. The Original Petition for Divorce:

This form provides the court with information about you and your spouse and how you want the divorce to proceed. This is an important legal document, so please take care when filling out this form and carefully follow the instructions.

3. Waiver of Citation:

This form may be completed and signed by your spouse (the Respondent) after Form #1, the Original Petition for Divorce, has been filed with the Clerk's Office. By completing and signing this form your spouse agrees that he or she will not be contesting the divorce proceedings. Signing the Waiver of Citation means the Respondent gives up his or her right to be served by a process server. The Waiver may also waive a persons right to know anything more about the lawsuit.

4.  Answer (Form #2b):

 If a Respondent does not want to waive his or her rights in the lawsuit, he or she should file an Answer, instead of signing a Waiver of Citation. The Answer should be filed with the Clerks Office, and served on the Petitioner. It lets the Court know the Respondent is actively participating in the case. After an Answer is filed, the Petitioner is required to give the Respondent notice of all hearings and of all documents filed in the case;

5. Final Decree of Divorce
The Decree is the form the judge signs to make your divorce final. After the first two forms have been filed, and your 61 day waiting period has ended, complete this form and take it with you to court for the judge to sign.

Testimony for Divorce Without Children:
This is a script of the testimony you will need to read to the judge at your final hearing for Divorce.

Note: The divorce process is not complete, and you are not divorced, until the signed decree is filed in the Clerk?s Office.