Texas Divorce Procedures

Texas Divorce Procedures

Complete overview of Texas divorce laws for people considering a Texas divorce or filing a Texas divorce with issues to be resolved about child custody, child support, visitation and alimony.

Texas Divorce Residency Requirements

In order to file your Petition for Divorce in Texas, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Texas residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.

A person not previously a resident of this state who is serving in the armed forces of the United States and has been stationed at one or more military installations in this state for at least the last six months and at a military installation in a county of this state for at least the last 90 days is considered to be a Texas domiciliary and a resident of that county for those periods for the purpose of filing suit for dissolution of a marriage.

The divorce is typically filed with in county in which the filing spouse resides. (Texas Code – Family Code – Chapters: 6.301).

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Texas. It is most common that people file for a divorce in the county in which they live. If you are unsure of whether or not you meet the Texas residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.

Texas Grounds for Divorce

The Petition for Divorce is the initial document filed with the Texas court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

No-Fault Based Grounds:

The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

Fault Based Grounds:

1. Mental Cruelty. 2. Adultery. 3. Imprisonment or Conviction of a felony. 4. Abandonment. 5. Living Separate and Apart. 6. Insanity and confinement to a state mental hospital.

Every divorce case that is filed in the state of Texas must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions.

Texas Uncontested Divorce

This information is an overview of the uncontested Texas divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Texas.

To file for divorce in Texas, one spouse has to be a resident of the state for at least six continuous months and in the county of filing at least 90 continuous days.

Texas permits No-Fault divorce when 1) “the marriage has become insupportable because of conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation” or 2) when the parties live “separate and apart without cohabitation of three years.” Texas also permits Fault divorce on grounds of 1) adultery, 2) abandonment, 3) confinement for incurable insanity for over three years, 4) conviction of a felony and imprisonment for over one year, 5) cruel and inhuman treatment.

In divorce actions, the person who files is called the Petitioner; the person who responds is called the Respondent.

In Texas, divorce begins when one party serves the other with Original Petition for Divorce, filed with the District Clerk of the county court. A Notice of Service of Process normally accompanies the Petition, and it is personally served on the Respondent, who may waive service in writing. The Respondent may elect to waive service when he or she agrees to the divorce or if both the petitioner and the respondent are working toward a settlement. This saves cost of service.

In most cases, however, Service of Process is done by a Sheriff, Constable or private server. The process includes the Petition and a Citation, which tells the respondent he or she has 20 days plus the following Monday to file an answer to the Petition.

The filing fees for the Original Petition, Citation and Service of Process vary slightly from county to county, but if all three are required can run more than $300.

If the Respondent answers the Petition, most likely he or she is preparing for a contested divorce. In this event, at the time of the filing, the Petitioner can request a standard Temporary Restraining Order. This stock order preserves the status quo, enjoins both parties from hiding or stealing marital assets, demands civility, enjoins harassment and threats, warns against the stealing of mail or cars. If no Temporary Restraining Order has been issued, the court sets a hearing within 14 days. At this hearing, the court issues temporary orders, which are a set of rules for the parties to live by while the divorce is pending. These rules deal with the temporary terms and conditions of custody, visitation and support of children, the use of property (including the marital home) and servicing of debt. They can also include temporary spousal support orders and interim attorney’s fees.

Thereafter, the parties engage in Discovery, by which both sides gain information and later negotiate a Marital Settlement Agreement. If the parties cannot reach an accord, they may be required to attempt Mediation, by which a neutral third party attempts to help them negotiate the Marital Settlement Agreement.

If they cannot reach agreement, a trial date is set. Texas is one of two states that permit jury trials for divorce cases upon request.

There is a 60-day waiting period between the filing of petition and the court judgment of divorce, but this does not mean that all divorces are automatically final on the 61st day. When the parties begin the action with agreement about the terms and conditions of their divorce, the final decree can be prepared and signed at any time. The divorce then becomes final when the judge so proclaims it in open court and signs the judgment. Neither party may marry a third party before the 31st day after the Decree of Divorce is granted.

At least 60 days must transpire between the filing and a divorce hearing, but because of the way the law it worded, the 60-day period may be hard to calculate. Many lawyers play it safe by waiting two months and two weeks from the filing of the petition. If the Respondent signs a Waiver agreeing to forgo service, this is the only waiting period required.

If, however, the Respondent was served, there are three different waiting periods that must be observed. They are as follows:

> The two months and two weeks from the filing date, and
> Twenty-seven days from the Service of Process, and
> Twelve days from the date of the Officer’s Return (on the Citation) in the District Court.

When the parties are not in agreement, however, a divorce can take six months to a year or longer, pending upon the complexities of the case.

In Texas, when the Petitioner and Respondent agree on the terms and conditions of the divorce (asset and liabilities distribution, spousal and child support, and visitation), they have what is called an Agreed Divorce. This is also called an uncontested divorce. In this routine, the Respondent signs a Waiver permitting the case to be finished without his or her participation. The Petitioner and his or her attorney go court for hearing and “prove up the divorce,” by which a judge works through a list of standard questions and approves the divorce then and there.

A variation of this is called the default divorce. In this regime, the Respondent is notified of the divorce action, but does nothing about it, and no Answer is filed within the 20 days plus Monday time period and there is no waiver. In Texas and other jurisdictions, a person who does not show up loses by default. If the spouse is missing or will not be found, a default divorce also requires that Notice of Service be made by publication, which means the Citation must be published a number of times in a newspaper.

The best and easiest way to end a marriage is by agreement because apart from signing the Waiver and/or Marital Settlement Agreement, the Respondent does nothing. The most difficult (emotionally and financially) is by contest, which happens when the Respondent files an Answer and prepares for battle. Many marriages end by default, when the other spouse cannot be located or will not accept service of process.

The Petition, however, must be delivered to the Respondent in all cases. The petition, which is seven-page form, tells the court basic information about the marriage and states relief asked of the court. As mentioned, it may include a copy of the Marital Settlement Agreement, if the couple is that far along in their negotiations, and if there are children, it will include a form the Information Re Minors Required under § 152.209, Texas Family Code, as well as any Protective Orders issued by the court. Sometimes, divorcing couples include the Marital Settlement Agreement with the Petition as an attachment and thus pave the way to the divorce hearing.

When a couple divorce by agreement, the Waiver, which is signed by the spouse before a notary public, states he or she has received the Petition and the case can proceed without further Notice. This eliminates the need for the Citation, which gives him or her 20 days plus Monday to respond.

The Citation informs the Respondent he or she has been sued for divorce. It gives him the 20-day period to respond to the action. The response is called an answer. In most Texas counties the clerk prepares the Citation; in a few, the Petitioner must prepare it. The form of the Citation is slightly different when the Petitioner lives in a different Texas county than when both spouses live in the same county.

The Petition, Citation and Notice of Process are then forwarded to the Sheriff in the county where the Respondent lives.

By the time of the hearing, the Petitioner has prepared a Final Decree. The Final Decree, which is a standard six-page form, makes the divorce final, enters the judgment of divorce, and if applicable, identifies the children of the marriage, establishes custody, visitation, child support, health insurance, provides vital information about the parties, establishes separate and community property, income taxes, and support. It may include a number of exhibits as attachments, generally when the parties have minor children. The exhibits, which are normally lettered A, B and so on, include the following forms:

> Property Owned by Children, lists property owned by the minor children.
> Conservatorship, which spells out the terms and conditions of child custody, defines the rights and duties of each parent.
> Standard Possession Order, which spells out the terms and conditions of visitation, stipulates when each parent will have possession of each child.
> Possession Order for Children Under Three Years deals with the terms and conditions of visitation of very young children.
> Child Support Order, stipulates the withholding of child support paid by the noncustodial parent to the custodial parent.
> Health Insurance Order for Children stipulates the terms and conditions for the continued medical and hospital insurance for the children.
> Information Required by Texas Family Code § 150.006. This form lists the names, Social Security and driver’s license numbers, residence and mailing address, employer of all the parties in the action — the Petitioner, Respondent and children.
> Orders Re Property and Debts, which identifies the separate property of the Petitioner and the Respondent, divides the community property of the divorcing spouses. (This form is used when the Petitioner listed separate or community property on the Petition and it is not divided in the Marital Settlement Agreement.)

In addition, depending upon the terms of the divorce and the situation of the parties, the court may require additional forms that are signed and ordered at the time of the final decree. Generally, it is the responsibility of the Petitioner to prepare these forms for the court. These forms include the following:

> Statistics Form, which provide vital information about changes in family relationships emanating from divorce and annulments. This information is for the Bureau of Vital Statistics.
> Order/Notice to Withhold Income for Child Support is issued when child support is ordered.
> Employer’s Order to Withhold Earning for Spousal Maintenance is completed and issued to the employer of the payor spouse when maintenance is ordered but without child support.
> Request to Issue Withholding Order is used when the payor spouse changes jobs and effectively reinstates withholding orders that were originally in place. This form is issued by the District Clerk.
> Military Affidavit is used when the respondent may enjoy protections of the Servicemembers Civil Relief Act (SCRA).
> Financial Information discloses the income of both the Petitioner and the Respondent and is used in connection with support calculations and awards.
> Affidavit of Inability to Pay is used when the Petitioner seeks relief from the court costs associated with the divorce because of indigence.
> Power of Attorney to Transfer Motor Vehicle is used to effect the transfer of automobiles in conjunction with divorce settlements.
> Special Warranty Deed (to Transfer Real Property) is used to effect the transfer of real property in conjunction with divorce settlements.

When a spouse cannot or will not be found, a spouse seeking to divorce the missing partner must nevertheless notify him or her. To do this, the Petitioner must publish the Summons in a newspaper. This is called Citation by Publication, and it requires the approval of the court after a good faith effort has been made to located the missing partner. The Citation is then published over a period of weeks, and a certification of publication becomes part of the record of the divorce proceedings.

Texas Simplified Divorce Procedures

Separation agreements and property settlements are expressly authorized, including agreements regarding conservatorship and child support provisions. [Texas Codes Annotated; Family Code, Chapter 7.006].

Each state has its own unique filing procedure. When filing for divorce in Texas, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You will discover that some documents may be provided by the Texas Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Texas Laws and the filing requirements.

Texas Property Division Factors

In Texas, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the District Court within the Decree of Divorce.

Texas is considered a “Community Property” state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date. The community assets will be split equally by the District Court if the spouses are unable to reach an agreement.

The court shall order a division of the following real and personal property, wherever situated, in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage:

(1) property that was acquired by either spouse while domiciled in another state and that would have been community property if the spouse who acquired the property had been domiciled in this state at the time of the acquisition; or

(2) property that was acquired by either spouse in exchange for real or personal property and that would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.

The court shall award to a spouse the following real and personal property, wherever situated, as the separate property of the spouse:

(1) property that was acquired by the spouse while domiciled in another state and that would have been the spouse’s separate property if the spouse had been domiciled in this state at the time of acquisition; or

(2) property that was acquired by the spouse in exchange for real or personal property and that would have been the spouse’s separate property if the spouse had been domiciled in this state at the time of acquisition.

The court shall confirm the following as the separate property of a spouse if partitioned or exchanged by written agreement of the spouses:

(1) income and earnings from the spouses’ property, wages, salaries, and other forms of compensation received on or after January 1 of the year in which the suit for dissolution of marriage was filed; or

(2) income and earnings from the spouses’ property, wages, salaries, and other forms of compensation received in another year during which the spouses were married for any part of the year. (Texas Code – Family Code – Chapters: 7.001-7.006).

Since Texas is a “Community Property” state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered “up for grabs” in the divorce will be distributed equally to each spouse. Obviously this does not entail splitting a car in half so to speak, but rather each spouse will be rewarded with assets of equal value.

Texas Spousal Support/Maintenance/Alimony Factors

In Texas the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows:

In determining the nature, amount, duration, and manner of periodic payments, the court shall consider all relevant factors, including:

(1) the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse’s ability to meet the spouse’s needs independently;

(2) the education and job skills of the spouses;

(3) the length of the marriage;

(4) the age, employment history, earning ability, and health condition of the spouse seeking maintenance;

(5) the ability of the spouse from whom maintenance is requested to meet that spouse’s personal needs;

(6) the dissipation of any marital assets;

(7) the financial resources of the spouses;

(8) the contribution by one spouse to the education or earning capacity of the other;

(9) any pre-marital property;

(10) the contribution of a spouse as homemaker;

(11) Any marital misconduct of the spouse seeking maintenance; and

(12) the efforts of the spouse seeking maintenance to pursue available employment counseling as provided by Chapter 304, Labor Code. (Texas Code – Family Code – Chapters: 8.001-8.055).

Texas Child Custody Factors

In Texas, the court will do everything it can to promote a mutual agreement between the parents regarding custody and visitation. The parties are encourage to enter into a written agreement containing provisions for conservatorship and possession of the child and for modification of the agreement, including variations from the standard possession order. The court will review the agreement and if it believes what is set forth is in the best interest of the children, the court will order custody according to the agreement. If the court finds the agreement is not in the child’s best interest, the court may request the parties to submit a revised agreement or the court may render an order for the conservatorship and possession of the child. If a child is 12 years or older, the court may consider his or her wishes. (Texas Code – Family Code – Chapters: 5-153.004-153.434)

In Texas, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.

Texas Child Support Factors

Either or both parents may be ordered to make periodic, lump-sum, or both types of child support payments. There are official child support guidelines set out in the statute and these are presumed to be reasonable and in the best interests of the child. The factors for consideration are: (1) the age and needs of the child; (2) the ability of the parents to contribute to the support of the child; (3) any financial resources available for the support of the child; (4) the amount of possession and access to the child; (5) the net resources of the parent to pay support, including the earning potential of the parent to pay support if the actual income of that parent is significantly less than what that parent could earn, if intentionally unemployed or underemployed; (6) any childcare expenses necessary for the employment of either parent; (7) whether a parent has custody of another child and any child support expenses being paid or received for the care of another child; (8) the amount of alimony being currently paid or received; (9) provisions for health care; (10) any educational or health care needs of the child, including college expenses; (11) any benefits a parent receives from an employer; (12) any debts or obligations of a parent; (13) any wage or salary deductions of the parents; (14) the cost of traveling to visit the child; (15) any positive or negative cash flow from any assets, including a business or investments; (16) any provisions for health care or insurance; (17) any special or extraordinary educational, health care, or other expenses of the parents or the child; (18) whether either parent has a car or housing furnished by an employer or other person or business; and (19) any other relevant factor. The court may order health insurance coverage to be provided for the child. In addition, the court may order income withholding to secure the payment of child support. [Texas Codes Annotated; Family Code, Chapters 154.001 to 154.309].

Texas child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Texas child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Texas child support deviation factors that may be applicable to the situation.

Texas Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted if the grandparent’s child has been incarcerated in jail or prison during the three month period preceding the application, has been determined to be legally incompetent, or is dead; if the parents are divorced or have been living apart for the three months period preceding the filing of the application or if a suit for dissolution of the marriage is pending; if the child has been abused or neglected by a parent; the child has been adjudicated to be a child in need of supervision or a delinquent; the grandparent’s child has had their parental rights terminated; or if the child has resided with the grandparent for at least six months in the twenty-four month period preceeding the filing of the application. V.T.C.A., Family Code § 14.03.

When Adoption Occurs: None

Child Custody Statutes: Factors: (1) qualifications of the parents; and (2) any evidence of intentional use of abusive force against spouse or any person under age 18 within the past 2 years. V.T.C.A. F.C. §14.01.

Parents May Choose: Yes

Texas Military Divorce Laws

A Texas military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From Texas Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Texas court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Texas court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

- You or your spouse must reside in Texas
- You or your spouse must be stationed in Texas

Grounds for Texas Military Divorce

The grounds for a military divorce in Texas are the same as a civilian divorce.

Dividing the Property

Along with the normal Texas property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In Texas, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Texas child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

Texas Child Support Guidelines

The Texas child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Texas child support order.

Texas Child Support Guidelines

Income Share Model *: NO
Percent of Income Model *: YES
Worksheets Available: YES
Extraordinary Medical Expenses Add on: YES
Childcare Add on: NO
Secondary Education Support: NO
UIFSA: YES

* Percent of Income Model: Texas utilizes the percentage of income formula which determines the amount of child support as a percentage of the income of the parent obligated to pay the child support. This percentage is determined by factoring the number of children requiring support. This is the most basic or primitive method for calculating support. Many people believe that it does not take into consideration many important details, which makes this model of support calculation the least exact.

Texas Child Support Definitions

DEFINITIONS:

Net Resources:

(a) The court shall calculate net resources for the purpose of determining child support liability as provided by this section.
(b) Resources include:

(1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
(2) interest, dividends, and royalty income;
(3) self-employment income
(4) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and
(5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.

(c) Resources do not include:

(1) return of principal or capital;
(2) accounts receivable; or
(3) benefits paid in accordance with aid for families with dependent children.

Application of Guidelines to Net Resources of More
Than $6,000 Monthly:

(a) If the obligor’s net resources exceed $6,000 per month, the court shall presumptively apply the percentage guidelines to the first $6,000 of the obligor’s net resources. Without further
reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as
appropriate, depending on the income of the parties and the
proven needs of the child.
(b) The proper calculation of a child support order that
exceeds the presumptive amount established for the first $6,000
of the obligor’s net resources requires that the entire amount of
the presumptive award be subtracted from the proven total needs of the child. After the presumptive award is subtracted, the court shall allocate between the parties the responsibility to
meet the additional needs of the child according to the
circumstances of the parties. However, in no event may the
obligor be required to pay more child support than the greater of
the presumptive amount or the amount equal to 100 percent of the
proven needs of the child.

Health Insurance for Child Presumptively Provided by Obligor:

The guidelines for support of a child are based on the
assumption that the court will order the obligor to provide
health insurance coverage for the child in addition to the amount
of child support calculated in accordance with those guidelines.

Self-Employment Income:

(a) Income from self-employment, whether positive or negative, includes benefits allocated to an individual from a business or undertaking in the form of a proprietorship, partnership, joint venture, close corporation, agency, or independent contractor, less ordinary and necessary expenses required to produce that income.
(b) In its discretion, the court may exclude from
self-employment income amounts allowable under federal income tax law as depreciation, tax credits, or any other business expenses shown by the evidence to be inappropriate in making the determination of income available for the purpose of calculating child support.

Deemed Income:

(a) When appropriate, in order to determine the net resources
available for child support, the court may assign a reasonable
amount of deemed income attributable to assets that do not
currently produce income. The court shall also consider whether
certain property that is not producing income can be liquidated
without an unreasonable financial sacrifice because of cyclical
or other market conditions. If there is no effective market for
the property, the carrying costs of such an investment, including
property taxes and note payments, shall be offset against the
income attributed to the property.
(b) The court may assign a reasonable amount of deemed income to income-producing assets that a party has voluntarily
transferred or on which earnings have intentionally been reduced.

Intentional Unemployment or Underemployment:

If the actual income of the obligor is significantly less than
what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor.

Texas Divorce Definitions

This collection of definitions will help clarify some unique characteristics to the Texas Divorce laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner

The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title:
Respondent

The spouse who does not initiate the Divorce with the court.

Court Name:
In the District Court of ___________ County, ________ Judicial District

The proper name of the court in which a Divorce is filed in the state of Texas. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In the Matter of the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Original Petition for Divorce

The title and name of the legal document that will initiate the Texas Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document:
Decree of Divorce

The title and name of the legal document that will finalize the Texas Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
District Clerk’s Office

The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

Separation agreements are expressly authorized by statute. [Texas Codes Annotated; Family Code,

Property Distribution:
Community Property

The applicable Texas law that will dictate how property and debt is to be divided upon Divorce.

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