To fill out a Final Decree of Divorce in Texas, you complete the state-approved form that matches your situation (with or without children, with or without real property), enter precise identifiers for every person, asset, debt, and child, and submit the signed document to the judge after the mandatory 60-day waiting period. The base filing fee starts at $350 statewide, and errors or vague entries are the most common reason people end up back in court after the ink dries.
Gather Your Information First
Download the correct form set from TexasLawHelp or pick one up at the District Clerk’s office in the county where the case was filed. Texas uses different sets depending on your circumstances: Set A for divorces without children or real property, Set B for divorces with children, and so on. Filling out the wrong set forces you to start over.
Before you write anything on the form, pull together:
- Full legal names for both spouses, exactly as they appear on government-issued identification.
- For each child: full name, date of birth, place of birth, Social Security number, and the state where the child currently lives.
- The complete legal description of any real property from the deed or county appraisal district records. A street address will not transfer title.
- The 17-digit VIN, make, and model of every vehicle being divided.
- Bank account numbers, retirement plan names and account numbers, outstanding loan balances, and credit card debts.
You also need the Bureau of Vital Statistics form, officially called the Information on Suit Affecting the Family Relationship form, which updates state records about your marital status.
Case Header and Jurisdiction
The top of the decree identifies your case. Enter the cause number exactly as the District Clerk assigned it, the court number, and the county where the case is pending. A typo here can cause processing problems because this header links your decree to every other document in the file.
The jurisdiction section requires you to confirm that at least one spouse has lived in Texas for the previous six months and in the filing county for the previous 90 days. You will repeat these facts under oath at the prove-up hearing, so the dates on the form need to match what you plan to testify to.
Grounds for Divorce
Most uncontested Texas divorces use insupportability, the state’s no-fault ground. Under the Texas Family Code, the court can grant a divorce on this basis when the marriage has become insupportable because of discord or conflict that has destroyed the relationship and there is no reasonable expectation of reconciliation.1State of Texas. Texas Family Code 6.001 – Insupportability Check the insupportability box on the decree. Fault grounds like cruelty or adultery have separate checkboxes but require evidence the judge will want to see.
Dividing Property and Debts
Texas is a community property state, and the court divides the marital estate in a manner it considers just and right. The form makes you assign every asset and every debt to one spouse or the other. Vagueness is the single biggest source of post-divorce litigation, so be specific.
Don’t write “the bank accounts.” Write the bank name and the last four digits of the account number. For debts, identify the creditor, the approximate balance, and which spouse takes responsibility. Assigning a debt in the decree does not release the other spouse from liability with the creditor. If both names are on a mortgage or credit card, the lender can still pursue either person; the decree only gives the non-responsible spouse grounds to bring the other back to court for reimbursement.
Real Estate
Any real property awarded in the decree must include the complete legal description from the deed, not the street address. Without it, the decree cannot transfer title.2Texas Law Help. FM-DivB-201 Final Decree of Divorce (SET B) When one spouse keeps the marital home, two additional documents usually come into play. A Special Warranty Deed transfers ownership from the spouse giving up the property to the spouse keeping it. If both spouses are on the mortgage, a Deed of Trust to Secure Assumption gives the departing spouse a lien on the property, so if the keeping spouse stops paying, the other spouse can cure the default and potentially foreclose ahead of the bank. Reference these documents in the decree and set a specific number of days for them to be executed after the judge signs.
Retirement Accounts
Dividing a 401(k), pension, or similar employer-sponsored plan requires a separate legal document called a Qualified Domestic Relations Order (QDRO). The decree can say one spouse gets 50% of the other’s retirement account, but the plan administrator will not actually split the money without a QDRO that meets federal ERISA requirements.3Office of the Law Revision Counsel. 29 U.S. Code 1056 – Form and Payment of Benefits People lose real money here by assuming the decree does everything and never filing the QDRO.
A valid QDRO must specify the participant’s name and address, each alternate payee’s name and address, the exact dollar amount or percentage transferred, the time period covered, and the name of each plan involved.4U.S. Department of Labor. QDROs – An Overview FAQs Many plan administrators have their own pre-approved template, so contact the plan before drafting one from scratch. Without an approved QDRO, any withdrawal made to pay the other spouse is treated as a taxable distribution and may trigger early withdrawal penalties.
Conservatorship and Possession of Children
If you have children, the decree must state who makes decisions for them and where they live. Texas law presumes that appointing both parents as joint managing conservators is in the best interest of the child.5State of Texas. Texas Family Code Chapter 153 – Conservatorship, Possession, and Access Joint managing conservatorship shares decision-making rights; it does not automatically mean equal time. The decree must designate which parent has the exclusive right to determine the child’s primary residence and whether that right is geographically limited, such as to the filing county and contiguous counties. If family violence or similar circumstances are present, the court may instead appoint one parent as sole managing conservator with exclusive authority over major decisions.
The Possession Schedule
Most decrees use the Standard Possession Order from the Texas Family Code. When parents live within 100 miles of each other, the noncustodial parent gets possession beginning at 6:00 p.m. on the first, third, and fifth Fridays of each month, ending at 6:00 p.m. the following Sunday.6State of Texas. Texas Family Code Chapter 153 – Conservatorship, Possession, and Access The order also includes a holiday rotation, extended summer possession, and spring break rules. Fill in pickup and drop-off times precisely. Vague entries like “weekends” become enforcement nightmares.
Parents more than 100 miles apart follow a modified schedule with fewer but longer visits. If neither the standard nor the long-distance order fits, you can submit an agreed parenting plan with a custom schedule, but the judge must approve it.
Child Support and Medical Support
Texas child support follows a percentage-of-income model based on the paying parent’s monthly net resources. The statutory guidelines set the baseline at:
- 1 child: 20% of net resources
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 children: 40%
- 6 or more: not less than the amount for five children
Enter the exact monthly dollar amount on the decree, not just the percentage. The form also asks for the payment frequency and directs payments through the Texas State Disbursement Unit rather than directly between parents. Direct payments are nearly impossible to verify if a dispute arises later.
The medical and dental support section requires you to designate which parent provides health insurance for the children and how uninsured medical expenses are split, typically 50/50. If the employer-provided coverage is not reasonable in cost, the decree should address who pays for alternative coverage.
When support will be paid through payroll, the decree must include language authorizing a Wage Withholding Order. The District Clerk uses this section to issue the withholding paperwork to the employer. Skip this language and you will need a separate motion later to start automatic deductions.
Notice to Conservators
The decree includes a required Notice to Conservators section warning both parents of their ongoing duty to keep the court and the other parent informed of any change in address, phone number, or employment. Failing to provide this information can itself result in contempt proceedings and fines up to $500 per violation.2Texas Law Help. FM-DivB-201 Final Decree of Divorce (SET B)
Name Change
Either spouse can ask to have a previously used name restored. The court must grant the request unless it states a specific reason for denial, and it cannot deny a change just to keep family surnames aligned.7State of Texas. Texas Family Code 45.105 – Change of Name in Divorce Suit Enter the exact spelling of the prior name on the decree. You can only restore a name you previously used; you cannot choose an entirely new one through divorce. And the request has to appear in the petition, waiver, or answer. If it isn’t there, the court cannot include the change in the decree.
Address Taxes and Health Insurance Before You Sign
Two items live outside the decree itself but should shape how you finish it.
Your federal filing status depends on whether you are divorced by December 31. If the judge signs before year’s end, you file as single (or head of household if you qualify). If signing slips to January, you are considered married for the entire prior tax year.8Internal Revenue Service. Filing Taxes After Divorce or Separation The timing can shift your tax bill by thousands of dollars, so factor it into when you schedule the prove-up hearing.
The decree should also specify which parent claims each child as a dependent. The default IRS rule gives the dependency claim to the custodial parent, meaning the one the child lived with the greater number of nights during the year. To let the noncustodial parent claim a child, the custodial parent must sign IRS Form 8332 releasing the claim. A decree that says “Dad claims Child A” is not enough on its own.9Internal Revenue Service. Claiming a Child as a Dependent When Parents Are Divorced, Separated or Live Apart Releasing the exemption transfers the child tax credit but not the earned income credit or the dependent care credit, which stay with the custodial parent regardless of what the decree says.
On health insurance: divorce is a qualifying event under federal COBRA, so the spouse covered by the other’s employer plan can elect to continue that coverage for up to 36 months.10Office of the Law Revision Counsel. 29 U.S. Code 1163 – Qualifying Event The covered spouse must notify the plan administrator within 60 days of the divorce and has another 60 days after the election notice to enroll.11U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers The decree does not create COBRA rights, but it should spell out the transition plan and any cost-sharing between spouses during the COBRA period.
The 60-Day Waiting Period and the Prove-Up Hearing
Texas law imposes a mandatory cooling-off period. The court cannot grant a divorce before the 60th day after the original petition was filed, no matter how quickly you agree.12State of Texas. Texas Family Code FAM 6.702 – Waiting Period If your petition was filed on March 1, the earliest the judge can sign is April 30. Use this window to finalize every section of the decree.
Once the waiting period has passed and both spouses have signed the decree, the petitioner schedules a prove-up hearing. It’s usually a short appearance, often 10 to 15 minutes, where the petitioner gives sworn testimony confirming residency, grounds for divorce, and that the terms are fair and voluntary. Some judges ask questions; others prefer you to read from prepared testimony available on TexasLawHelp.13Texas Courts. Divorce Set 1 Uncontested, No Minor Children, No Real Property – Instructions and Forms
The respondent’s signature on the decree, combined with a signed Waiver of Service, tells the court the divorce is uncontested. The Waiver of Service must be signed before a notary public. Texas notary fees are capped by law at $10 for the first signature and $1 for each additional signature.14Texas Secretary of State. Notary Public Educational Information
Filing the Signed Decree
Your divorce is not final until the signed decree is filed with the District Clerk.13Texas Courts. Divorce Set 1 Uncontested, No Minor Children, No Real Property – Instructions and Forms Take the judge-signed original to the clerk immediately after the hearing. The statewide filing fee is $350. In counties with a Domestic Relations Office, divorces involving children carry additional fees that can bring the total to about $401.15Texas Judicial Branch. County-Level Court Civil Filing Fees Fees are typically paid when you file the original petition, but confirm with your clerk. If you cannot afford the fee, file an Affidavit of Indigency asking the court to waive it.
Request certified copies of the signed decree while you are at the clerk’s office. You will need them to update records with banks, lenders, the Social Security Administration, the Department of Public Safety, and, if applicable, your passport. Certified copy fees vary by county but generally run $1 to $2 per page.