Texas Divorce Forms: Which Set You Need and What Each Form Does
Texas family law · Last reviewed September 29, 2026
Texas has no single state agency that writes divorce forms the way California's Judicial Council does. People without lawyers mostly use two sources:
- TexasLawHelp.org, a free legal-information site run by Texas legal aid organizations, publishes the form sets most self-represented Texans use: Sets A, B, C and D.
- The Supreme Court of Texas approved one set, Divorce Set One, in 2012 and revised it in 2013. It is narrower: uncontested divorces with no minor children and no real property.
Both are free. Pick the set that matches your situation and use its forms together; forms from different sets don't mix.
Which set?
| Your situation | Form set | Where |
|---|---|---|
| No children together, opposite-sex marriage | Set A | TexasLawHelp.org: no minor children |
| No children together, same-sex marriage | Set D | Same guide |
| Children under 18, no existing custody or support order | Set B | TexasLawHelp.org: children under 18 |
| Children who already have a custody or support order | Set C | TexasLawHelp.org: order already in place |
| No children, no real property, fully agreed | Divorce Set One (Supreme Court, 2013) | txcourts.gov |
The Supreme Court's instructions for Set One list situations where it should not be used, including when the spouses disagree about any issue, when a spouse wants a fault ground such as cruelty or adultery, and when the wife is pregnant.
The core forms
Every set follows the same sequence.
1. Original Petition for Divorce. Starts the case. It states the residency facts, the ground (usually insupportability), whether there are children, and what you're asking for. Texas's petition rules are lenient: a ground is sufficient if alleged "substantially in the language of the statute" (Family Code § 6.402).
2. Waiver of Service or Answer. Your spouse responds with one of these:
- Waiver of Service Only. Your spouse acknowledges receiving the filed petition and gives up formal service. Under Family Code § 6.4035, the waiver can be signed only after the petition is filed, must include a mailing address, and must be sworn before a notary who isn't a lawyer in the case. Since December 4, 2025, it may be signed with a digitized signature.
- Respondent's Original Answer. Your spouse formally responds, which also avoids service. An answer doesn't have to be sworn (§ 6.403).
If your spouse won't sign either, they must be formally served, and TexasLawHelp's guide to serving divorce papers walks through the options.
3. Final Decree of Divorce. The order the judge signs to end the marriage and divide property and debts and, in Sets B and C, to set conservatorship, possession and support. Filling it out completely before the final hearing is the step that most often slows people down.
The extra paperwork courts expect
Besides the core forms, courts commonly require:
| Document | Why |
|---|---|
| Information on Suit Affecting the Family Relationship (a vital statistics form) | Family Code § 6.410 requires a completed report form for the state's records |
| Certificate of Last Known Mailing Address | Required before a default judgment (Tex. R. Civ. P. 239a) |
| Military Status Declaration | Needed before a default; Harris County asks for an affidavit instead, per TexasLawHelp |
| Your county's standing order, if it has one | Some counties require it attached to the petition (for example, Dallas) |
| Statement of Inability to Afford Payment of Court Costs | Only if you can't pay the filing fees (Tex. R. Civ. P. 145) |
Dallas, Travis, Bexar, Denton, Collin and Fort Bend post family-law standing orders; Harris, Tarrant, El Paso and Hidalgo don't. Check the Texas courts' local rules and standing orders site for your court.
Filing and e-filing
You can file in person at the district clerk's office or electronically. Texas Rule of Civil Procedure 21(f)(1) makes e-filing mandatory for attorneys, but for people without lawyers "unrepresented parties may electronically file documents, but it is not required." Texas's e-filing system is eFileTexas.gov.
Using forms the court must accept
The Supreme Court's 2012 order approving Divorce Set One said use of the forms is optional, but that "a trial court must not refuse to accept any of the approved forms simply because the applicant used forms or is not represented by counsel." Some counties require a legal review of self-represented filings. In Travis County, "If you represent yourself, you must have your forms reviewed by a reference attorney at the Law Library’s Family Law Case Review." Check your county's self-help resources.
Frequently asked questions
Where can I get free Texas divorce forms?
TexasLawHelp.org publishes free form sets for agreed divorces: Set A (no children), Set B (children, no existing order), Set C (children with an existing order) and Set D (same-sex, no children). The Supreme Court of Texas also offers Divorce Set One for simple cases with no children and no real property.
What is a Waiver of Service in a Texas divorce?
A sworn form in which your spouse acknowledges receiving the filed petition and gives up formal service. It must be signed after the petition is filed and sworn before a notary who isn't a lawyer in the case.
Can I file for divorce online in Texas?
Yes. Self-represented parties may e-file through eFileTexas.gov, although it isn't required; you can also file in person.
What forms do I need to finish a Texas divorce?
A completed Final Decree of Divorce, plus in most courts the vital statistics form, a certificate of last known mailing address and a military status declaration if your spouse didn't sign the decree, and any documents your county requires.
Can I use the forms if we disagree?
The agreed-divorce sets are designed for spouses who agree. If you disagree about property, support or the children, the case is contested, and a family lawyer or legal aid office can help.