TEXAS DIVORCE CHECKLIST
For a qualifying uncontested divorce only

SCOPE

The Texas Supreme Court Divorce Set described here is for uncontested divorces with no minor children and no real property to divide. This checklist is not for custody cases and should not be treated as guidance for every divorce. If children, real property, a disagreement, or another complex issue is involved, seek case-specific guidance from an attorney or legal aid provider.

Source: Texas Supreme Court Divorce Set and instructions
https://www.txcourts.gov/media/515764/divorceset1forms.pdf

BEFORE YOU USE THE FORMS

[ ] Confirm that you or your spouse has lived in Texas for at least 6 months.
[ ] Confirm that you or your spouse has lived in the county where you plan to file for at least 90 days.
[ ] Confirm that the divorce is uncontested, with no minor children and no real property to divide.
[ ] Check your county court's local rules, filing requirements, and approved forms. Local requirements may vary.

Residency and eligibility source: Texas Supreme Court Divorce Set
https://www.txcourts.gov/media/515764/divorceset1forms.pdf

THE DIVORCE SET FORMS

The set includes these forms. Use its chart and instructions to understand what each form does and when it applies:

[ ] Affidavit of Indigency
[ ] Original Petition for Divorce
[ ] Waiver of Service
[ ] Final Decree of Divorce
[ ] Certificate of Last Known Address
[ ] Notice of Change of Address
[ ] Affidavit of Military Status

Form list, chart, and instructions:
https://www.txcourts.gov/media/515764/divorceset1forms.pdf

FILLING OUT AND FILING

[ ] Fill in all spaces on the forms yourself; court personnel do not complete them for you.
[ ] The Original Petition for Divorce is the initial document you file to start the divorce case. It tells the court and your spouse that you are seeking a divorce and what you ask the court to order in the Final Decree.
[ ] If you cannot afford court fees, you may complete the Affidavit of Indigency to ask the court whether you can file without paying court and filing fees. It is a request, not a guarantee of a waiver.
[ ] Follow the instructions and confirm filing steps with your county court.

Filling and filing instructions source: Texas Supreme Court supplemental instructions
https://www.txcourts.gov/media/658799/SupplementalinstructionsForSRLs.pdf

WAITING PERIOD

[ ] Account for the required 60 days of waiting. The period begins the day after filing, and the divorce cannot be finalized until after it ends. Confirm how the court calculates dates in your case.

Reported Texas courts waiting-period source:
https://topics.txcourts.gov/LocalRulesPublic/PreviewAttachment/585

GETTING HELP

This checklist is informational only and is not legal advice. Court rules and individual circumstances can affect what applies to your case. Consider speaking with an attorney or contacting a legal aid organization serving your county.

Texas court legal-aid resources:
https://www.txcourts.gov/programs-services/legal-aid/