Self Represented Uncontested Divorce With Children

These instructions are adapted from Instructions & Forms for an

Agreed Divorce with Children, found at www.Texaslawhelp.org, for

use in an Agreed Divorce with 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.

These instructions explain the basic steps in an agreed divorce with

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 agree about all the issues (including child custody and

child support) and will both sign the necessary court forms; and

• there are no court orders for custody and support of your children already in

place (other than a family violence protective order).

o If there is already a final court order for custody and support of your

children (not including a family violence protective order), use this toolkit instead: I

need a divorce. We have minor children. A final custody and support order

is already in place.

o If there is a family violence protective order, use Ask a Question to chat

with a lawyer or law student about your options. If you were the victim of family

violence, you may qualify for free legal help.

Have you read the Frequently Asked Questions and related articles?

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

We 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 and are not a

substitute for the advice and help of a lawyer.

To print out both instructions and forms, click here.

Step 1: Determine where to file your divorce.

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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 in the county where your

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

requirements:

• 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 with Children,

for additional information.

Step 2: Fill out the starting forms.

Fill out this starting form:

• Original Petition for Divorce (Set B) (called the Petition for short)

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:

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

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

o 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.

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Fill out these additional starting forms if required for your case:

• Civil Case Information Sheet

o (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).

• Exhibit: Out-of-State Party Declaration (required only if you or your spouse

lives outside of Texas)

• Statement of Inability to Afford Payment of Court Costs (use only if you

cannot afford to pay the filing fee for your case) You can 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:

• Original Petition for Divorce

• Exhibit: Out-of-State Party Declaration (only if you or your spouse lives

outside of Texas)

• 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 other 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 divorce forms in person, take your Original Petition for Divorce and

additional starting forms (and copies) to the district clerk’s office in the county you

have determined is the correct county to file your divorce.

At the clerk’s office:

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

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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.

o 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.

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

your divorce.

o 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.)

o 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 for you and one copy is for

your spouse.

Step 4: Notify the Office of the Attorney General (if applicable).

Has your child ever received TANF or Medicaid?

• If NO, skip this step.

• If YES, you must send a file-stamped copy of your Petition to the Office of the

Attorney General (OAG) Child Support Division (and be able to prove that you did

so).

o Send your Petition by Email - You can scan a file-stamped copy of

your Petition and email it. Find the email address for the OAG child support office

in the county where your case is filed here: Email Addresses for Child Support

Offices. Write the cause number and the county where you filed your case in the

subject line of the email. Print a copy of your email. This is your proof. Bring it with

you when you go to court to finish your case.

o Send your Petition by Certified Mail Return Receipt Requested - Or,

you can mail a copy of your Petition by certified mail return receipt requested. The

post office has the forms for certified mail return receipt requested. Find the

mailing address for the OAG child support office in the county where your case is

filed here: Mailing Addresses for Child Support Offices. The post office will

give you a receipt when you mail the Petition. The OAG will sign the return receipt

(often called the “green card”) and mail it back to you. This is your proof. Bring the

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receipt and the return receipt (green card) with you when you go to court to finish

your case.

Step 5: Ask your spouse to sign the Answer or Waiver of Service

form.

Give your spouse:

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

• a blank Waiver of Service Only (Set B) form - OR - a blank Respondent’s

Original Answer (Set B) 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 instead: Instructions & Forms for a Default Divorce with Children.

Ask your spouse to:

• fill out and sign the Waiver of Service Only form - OR - the Respondent’s

Original Answer 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.

If your spouse returns the signed form to you, make a copy and file the original at

the clerk’s office. You can file it now or when you go to court to finish your case.

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

Decree of Divorce form and a completed Waiver of Personal

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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 and Waiver of Personal Appearance and

Consent to Uncontested Trial by Affidavit (copy at end of this

document) forms now and send them to your spouse with the Waiver of Service

or Answer form. Read Step 6 for information about filling out the Final Decree of

Divorce form.

Step 6: Fill out the Final Decree of Divorce and other ending forms.

Fill out this ending form:

• Final Decree of Divorce (Set B) (for divorces filed after September 1, 2018)

o You will have to attach the Possession Order form. They can be found

here: Child Visitation and Possession Orders.

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 children, 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:

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

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

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

Print out and complete a Standard Possession Order form.

o If the standard possession schedule works for your family, fill it out and attach

it to the Final Decree of Divorce. If it does not work for your family or would not be

safe for your children, you can hire a lawyer to write a possession order that

meets the specific needs of your family. Or, you may be able to use one of the

sample possession orders included with this article: Child Visitation and

Possession Orders.

o A Possession Order form will NOT automatically print with the Final Decree of

Divorce form. Sample Possession Order forms can be found here: Child

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Visitation and Possession Orders. You will have to attach a Possession Order

form to your Final Divorce of Decree.

Fill out these additional ending forms if required for your case:

• Income Withholding Order for Support (if child support will be ordered)

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.

Also complete the Information on Suit Affecting the Family Relationship form

(also known as the "Austin" or “BVS” form), which must be printed on one

page (front and back).

Step 7: Have the 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 speak with the district clerk's office in your county regarding

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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Step 8: 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;

• return the signed Final Decree of Divorce form to you.

• review and sign your completed Waiver of Personal

Appearance and Consent to Uncontested Trial by

Affidavit form (copy at end of this document);

• return the signed Final Decree of Divorce form to you.

Note: Make sure the Final Decree of Divorce form (including the attached

possession order) is completely filled out before your spouse signs it. You

CANNOT make changes to the Final Decree of Divorce once it has been signed

by your spouse, unless your spouse initials each change.

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

Step 9: Wait the 60-day waiting period.

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

divorce.

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.

1. 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.

2. 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.

Note: You can always wait longer than 60 days, but your divorce cannot be

finished in fewer than 60 days unless one of these exceptions applies.

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Step 10: Get ready for court.

If you sent a copy of your Petition to the Office of the Attorney General (OAG), ask

the clerk if the OAG filed anything in your case.

• If no, you can finish your divorce without further notice to the OAG.

• If yes, talk to a lawyer about what to do next. You can use Ask a Question to

chat with a lawyer online.

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

the Affidavit for Prove-Up of Agreed Divorce With

Children.

This form must be sworn in front of a notary. Everything in the affidavit must be

true and correct. You can be charged with a crime for lying to the court.

See Texas Penal Code 37.

Step 11: File the papers with the court clerk to finish your divorce.

STOP

If you have not checked as completed the task for EVERY

check box

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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 have completed, and signed,

every paper.

Mail, or E-File, these papers to the District Clerk:

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

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• completed Waiver of Personal Appearance and

Consent to Uncontested Trial by Affidavit form (copy at

end of this form);

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

and your spouse (make sure a completed possession order is attached);

• Income Withholding Order for Support if child support will be ordered;

• Signed and notarized Affidavit for Prove-

Up of Agreed

Divorce with children;

• 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; and

• 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 12: 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.

• If your name was changed, get at least 3 certified copies of your Final Decree

of Divorce to take to the agencies listed in Step 13. The clerk may charge a fee

for the certified copies.

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•

If child support was ordered, ask the clerk how to set up a child support

account.

Step 13: 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 you were ordered to pay child support and/or cash medical support, get

additional information from the Texas Attorney General Website or by calling 1-

(800) 252-8014.

• If your ex-spouse was ordered to pay child support and/or medical support

and doesn’t pay, contact the Texas Attorney General Child Support

Division for help enforcing your order.

• 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.

o 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) is 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 property

records office in the county where the property is located.

• 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.

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•

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:__________________________