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When navigating the complexities of a divorce, the Divorce Decree form serves as a crucial legal document that outlines the final terms of the dissolution of marriage. This form is not just a piece of paper; it encapsulates the agreements made between spouses regarding various important aspects such as property division, child custody, and other legal obligations. The form begins with essential court information, including the names of both spouses and the court's jurisdiction, ensuring that the legal framework is properly established. It proceeds to detail the appearances of both the Petitioner and Respondent during the hearing, where they affirm their agreement to the terms laid out in the decree. Importantly, it addresses whether children are involved, confirming the existence of minor children or any prior custody orders. Additionally, the form delineates property and debt division, clarifying what is considered community property versus separate property, which is vital in a community property state like Texas. The Divorce Decree also includes provisions for any existing protective orders or family violence considerations, ensuring that all legal requirements are met before finalizing the divorce. By understanding the components of this form, individuals can better navigate their divorce proceedings and ensure that their rights and interests are adequately protected.
Divorce Decree Example
Print court information exactly as it appears on your Petition for Divorce
Cause Number:
IN THE MATTER OF THE MARRIAGE OF
Petitioner: |
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In the ______________ |
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Court Number |
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Print first, middle and last name of the spouse filing for divorce. |
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And
Respondent:
Print first, middle and last name of other spouse.
District Court
County Court of:
County, Texas
Final Decree of Divorce
A hearing took place today, and the following people were present. There was no jury as neither the husband nor wife asked for one.
1. Appearances
Petitioner
The Petitioner’s name is: _____________________________________________________________.
FirstMiddle
The Petitioner represented him/herself and is the (check one):
(Check one box.)
Husband.
Last
Wife.
The Petitioner was present, representing him/herself, and has agreed to the terms of this Decree of Divorce.
The Petitioner was not present but has signed below, agreeing to the terms of this Decree.
Respondent
The Respondent’s name is:___________________________________________________________.
First
The Respondent is the (check one):
(Check one box.)
Husband.
MiddleLast
Wife.
The Respondent was present, representing him/herself, and agrees to the terms in this Decree.
The Respondent was not present but was served, filed an Answer, or signed a Waiver of Citation, and:
(Check all that apply.)
has signed below, agreeing to the terms in this Decree.
agreed in the Waiver that the judge can finalize the divorce, without giving the Respondent notice of this hearing.
has defaulted. The Petitioner has filed a Certificate of Last Known Address and an Affidavit of
© TexasLawHelp.org, Divorce Decree, No Children, October, 2011 |
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Texas Family Code, Chapter 6; Texas Rules of Civil Procedure |
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2. Record
(Check one box.)
A Court reporter recorded today’s hearing.
A Court reporter did not record today’s hearing because the Husband, Wife, and judge agreed not to make a record.
A Statement of the Evidence was signed by the Court.
3. Jurisdiction
The Court heard evidence and finds that it has jurisdiction over this case and the parties, that the residency and notice requirements have been met, and the Petition meets all legal requirements.
The Court finds that::
(Check one box.)
the Petition was filed more than 60 days ago.
Petitioner has an active Protective Order under Title 4 of the Texas Family Code, or an active magistrate’s order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure against Respondent because Respondent committed family violence during the marriage.
Respondent has a final conviction or has received deferred adjudication for a crime involving family violence against Petitioner or a member of Petitioner’s household.
4. Children
Children of the Marriage
(Check one box.)
The Court finds that the Husband and Wife do not have minor children under 18, or any adult, disabled children who are entitled to child support or medical support.
The Court finds that the Husband and Wife are the parents of the minor children listed below. The Court finds that a final court order for custody and support of the children was made in
________________ County, _____________ in Cause # ________________________________.
Name of County |
Name of State |
The court that made the order has continuing, exclusive jurisdiction of the children. No changes are made to the order in this Decree. A copy of the order is attached to this Decree, as Exhibit A, and is made a part of this Decree for all purposes, as provided for by Texas Family Code, Section 6.407.
(You MUST attach a copy of the order, and write Exhibit A at the top.)
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State where child lives |
Child’s name |
Sex |
Date of Birth now |
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5
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Texas Family Code, Chapter 6; Texas Rules of Civil Procedure |
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B.Pregnancy
The Court finds that the Wife is not pregnant.
Remember: You cannot finish your divorce
while the wife is pregnant.
C.Children Born during the Marriage, but the Husband is Not the Father
(Check one box.)
The Court finds that the Wife did not have children with another man while married to the Husband.
Remember: If the wife had children with
another man while married to the husband, you cannot finish your divorce until paternity of the children has been established. See Texas Family Code Section 160.204. Get more information about establishing paternity at www.TexasLawHelp.org.
The Court finds that the children named below
were born during the marriage, but are not the Husband’s children.
The Court further finds that paternity of each child has been established:
(Check one box.)
A court order has determined the father of each of child named below. A copy of the order is attached to and made part of this Final Decree of Divorce for all purposes.
An Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the Husband has been filed with the bureau of vital statistics for each child named below. A copy of this document or documents is attached to and made part of this Final Decree of Divorce for all purposes.
(List all children born during the marriage, who are not the adopted or biological children of the husband.) (Paternity of each child must already have been established.)
Child’s name |
Age |
Date of Birth |
Sex |
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2.
3.
4.
5.
6.
If more than 6 children, list them on another sheet and write Attachment B at the top. Then attach it to this form.
5. Divorce
IT IS ORDERED that the Petitioner and the Respondent are divorced on the grounds of insupportability.
© TexasLawHelp.org, Divorce Decree, No Children, October, 2011 |
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Texas Family Code, Chapter 6; Texas Rules of Civil Procedure |
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6. Property And Debts
Note: Additional forms are needed to divide retirement benefits and to transfer title to real estate.
If you plan to divide retirement benefits or you jointly own a house or land with your spouse, do NOT use this form without first talking to a lawyer.
You can hire a lawyer just to give you advice and/or write the documents you need for a flat fee.
Call your local lawyer referral service or the State Bar of Texas Lawyer Referral Information Service at 1(800)
Texas is a community property state. This means that any new property or debt that either party obtains from the minute they are married until the minute the judge grants the divorce is community property, even if the property or debt is only in one spouse’s name.
All community property and debt should be included in the Final Decree of Divorce. There are a few exceptions to the law of community property. If either party receives a gift, an inheritance, or money from a lawsuit that does not compensate for lost wages, it is separate property. It is a good idea to confirm separate property obtained during the marriage as that individual’s separate property in the Final Decree of Divorce. More information about community and separate property can be found in the Texas Family Code, chapters 3,4, and 5.
The Court makes the following orders regarding the parties’ community and separate property:
Husband’s Property
Husband’s Separate Property
The Court confirms that the Husband owns the following property as his separate property: |
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House located at: _______________________________________________________________ |
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Street Address |
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State |
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Husband owned this house before marriage. |
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Husband received this house as a gift or inheritance. |
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Land located at: ________________________________________________________________ |
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Street Address |
City |
State |
Zip |
Husband owned this land before marriage.
Husband received this land as a gift or inheritance.
3.Cars, trucks, motorcycles or other vehicles
Husband owned these vehicles before marriage or received them as a gift or inheritance during the marriage:
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Vehicle Identification No. [VIN] |
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4.Other Money or Property
Husband owned the following money or property before the marriage or inherited or received it as a gift during the marriage.
Husband received the following money from a lawsuit during the marriage. This money was not compensation for lost wages.
© TexasLawHelp.org, Divorce Decree, No Children, October, 2011 |
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Texas Family Code, Chapter 6; Texas Rules of Civil Procedure |
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Husband’s Community Property
The Court ORDERS that the Husband is awarded (gets) the following Community Property, and the Wife is divested of (doesn’t get) any interest, title or claim she may have to the property listed below.
Wife IS ORDERED to sign any deeds or documents needed to transfer any property listed below to the Husband. Husband is responsible for preparing the documents.
1.All property in Husband’s care, custody or control, or in Husband’s name, that this Order does not give to the Wife.
2.House or land located at:
Street Address |
City |
State |
Zip |
Legal Description:
3. Other real property located at:
Street Address |
City |
State |
Zip |
Legal Description:
(Check ALL that apply.)
4. All of the Husband’s employment benefits, including retirement, pension, 401(k),
5.
6.
7.
All cash and money in any bank or other financial institution listed in Husband’s name ALONE. Any insurance policy that covers the Husband’s life.
The Husband’s cars, trucks, motorcycles or other vehicles listed below
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Vehicle Identification No. [VIN] |
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8.
The Husband will also keep the property listed below:
© TexasLawHelp.org, Divorce Decree, No Children, October, 2011 |
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Texas Family Code, Chapter 6; Texas Rules of Civil Procedure |
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Husband’s Debts
(Check all that apply.)
The Husband shall pay the debts listed below:
1.
2.
All taxes, bills, liens, and other charges, present and future, for all personal and real property that are in the Husband’s name alone or that this Order gives to the Husband alone, unless this Order requires otherwise.
Any debt Husband incurred after separation. Date of separation: _______________.
Month Day Year
3.
4.
5.
The balance due on any loan or mortgage for the real property that this Order gives to the Husband alone.
The balance due on any loan for any vehicles that this Order gives to the Husband alone.
All other debts listed below, which are not in Husband’s name alone, such as credit cards, student loans, medical bills, income taxes:
Wife’s Property
Wife’s Separate Property
The Court confirms that Wife owns the following property as her separate property:
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House located at: _______________________________________________________________ |
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Street Address |
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State |
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Wife owned this house before marriage. |
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Wife received this house as a gift or inheritance. |
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Land located at: ________________________________________________________________ |
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Street Address |
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State |
Zip |
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Wife owned this land before marriage. |
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Wife received this land as a gift or inheritance. |
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3.Cars, trucks, motorcycles or other vehicles
Wife owned these vehicles before the marriage or received them as a gift or inheritance during the marriage:
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Make |
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Model |
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Vehicle Identification No. [VIN] |
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4.Other Money or Property
Wife owned the following money or property before the marriage or inherited or received it as a gift during the marriage.
Wife received the following money from a lawsuit during the marriage. This money was not compensation for lost wages.
© TexasLawHelp.org, Divorce Decree, No Children, October, 2011 |
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Texas Family Code, Chapter 6; Texas Rules of Civil Procedure |
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Wife’s Community Property
The Court ORDERS that Wife is awarded (gets) the following Community Property, and Husband is divested of (doesn’t get) any interest, title, or claim he may have to the property listed below.
Husband IS ORDERED to sign any deeds or documents needed to transfer any property listed below to the Wife. Wife is responsible for preparing the documents.
1.All property in Wife’s care, custody, or control, or in Wife’s name, that this Order does not give to the Husband.
2.House or land located at:
Street Address |
City |
State Zip |
Legal Description:
3. Other real property located at:
Street Address |
City |
State Zip |
Legal Description:
(Check all that apply.)
4. All of the Wife’s employment benefits, including retirement, pension, 401(k),
5. All of the Wife’s cash and money in any bank or other financial institution that is listed in her name ALONE.
6. Any insurance policy that covers the Wife’s life.
7. The Wife’s cars, trucks, motorcycles or other vehicles listed below:
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Model |
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Vehicle Identification No. [VIN] |
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8.
The Wife will also keep the property listed below:
© TexasLawHelp.org, Divorce Decree, No Children, October, 2011 |
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Texas Family Code, Chapter 6; Texas Rules of Civil Procedure |
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Wife’s Debts
(Check all that apply.)
The Wife shall pay the debts listed below:
1.
2.
All taxes, bills, liens, and other charges, present and future, for all personal and real property that are in the Wife’s name alone or that this Order gives to the Wife alone, unless this Order requires otherwise.
Any debt Wife incurred after separation. Date of separation:______________________.
Month Day Year
3.
4.
5.
The balance due on any loan or mortgage for the real property that this Order gives to the Wife alone.
The balance due on any loan for any vehicles that this Order gives to the Wife alone.
All other debts listed below, which are not in Wife’s name alone, such as credit cards, student loans, medical bills, income taxes:
7. Name Change
The Court ORDERS the name of the (check one): Husband Wife back to the name used before marriage, as it appears below.
First |
Middle |
Last |
8. Court Costs
The Husband will pay for his court costs; the Wife will pay for her court costs.
9. Other Orders
The court has the right to make other orders, if needed, to clarify or enforce the orders above. Any orders requested that do not appear above are denied.
Date of Judgment |
Judge’s signature |
Approved as to Form and Substance:
By signing below, the Petitioner agrees to the form and substance of this decree.
By signing below, the Respondent agrees to the form and substance of this decree.
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Petitioner’s Name (print) |
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Respondent’s Name (print) |
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Petitioner’s Signature |
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Respondent’s Signature |
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Mailing |
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Mailing |
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Address: |
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© TexasLawHelp.org, Divorce Decree, No Children, October, 2011 |
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Texas Family Code, Chapter 6; Texas Rules of Civil Procedure |
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File Breakdown
| Fact Name | Description |
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| Governing Law | The Divorce Decree form is governed by the Texas Family Code, specifically Chapter 6, which outlines the procedures and requirements for divorce in Texas. |
| Purpose | The Divorce Decree serves as the official document that finalizes the divorce between the Petitioner and Respondent, outlining the terms agreed upon by both parties. |
| Required Information | It requires specific information, including the names of both spouses, court details, and whether there are any minor children involved. |
| Jurisdiction | The court must establish jurisdiction over the case, confirming that residency and notice requirements have been met before issuing the decree. |
| Property Division | The form addresses the division of community and separate property, emphasizing the need for additional forms if retirement benefits or real estate titles are involved. |
Guide to Using Divorce Decree
After completing the Divorce Decree form, you will need to submit it to the court for review. Ensure that all information is accurate and all required signatures are obtained. The court will then process your decree and finalize the divorce.
- Print the court information exactly as it appears on your Petition for Divorce, including the Cause Number.
- Fill in the name of the court: ______________ Court Number.
- Enter the name of the Petitioner (the spouse filing for divorce): First, Middle, Last.
- Enter the name of the Respondent (the other spouse): First, Middle, Last.
- Indicate whether the Petitioner is the Husband or Wife by checking the appropriate box.
- Indicate whether the Respondent is the Husband or Wife by checking the appropriate box.
- Check the appropriate box to confirm the Respondent's presence or agreement to the terms of the Decree.
- Complete the section regarding the court reporter's presence during the hearing by checking the appropriate box.
- Fill out the jurisdiction section, confirming the legal requirements are met by checking the appropriate box.
- Indicate whether the couple has minor children or any adult disabled children by checking the appropriate box.
- If applicable, list the names and details of any children born during the marriage.
- Confirm the wife’s pregnancy status by checking the appropriate box.
- Complete the Divorce section, stating the grounds for divorce as insupportability.
- Fill out the property and debts section, detailing community and separate property as needed.
Get Answers on Divorce Decree
What is a Divorce Decree?
A Divorce Decree is a legal document that officially ends a marriage. It outlines the terms agreed upon by both parties, including division of property, debts, and any arrangements regarding children, if applicable. This document is issued by a court after a divorce hearing.
What information do I need to fill out the Divorce Decree form?
You will need to provide specific information such as:
- The names of both spouses.
- The court's name and cause number from the Petition for Divorce.
- Details about any children from the marriage, if applicable.
- Information regarding property and debts.
Ensure that all names and details are accurate as they appear in your original divorce petition.
What if my spouse does not attend the hearing?
If your spouse is absent, they may still be able to agree to the terms of the Divorce Decree. They can do this by signing a waiver or an answer to the petition. If they have been properly notified of the hearing and do not appear, the court can proceed without them.
What happens if we have children?
If you have children, the Divorce Decree will include terms regarding custody and support. If a prior court order exists regarding the children, it must be referenced in the decree. Make sure to attach a copy of that order as Exhibit A.
What if my spouse and I have no children?
If there are no children involved, the Divorce Decree will simply state that both parties do not have minor or adult children entitled to support. This makes the process simpler, as there are fewer considerations to address.
What is community property?
In Texas, community property includes any property or debt acquired during the marriage. This means that anything obtained from the time of marriage until the divorce is generally considered shared, regardless of whose name it is in. Be sure to list all community property and debts in the decree.
What if I want to divide retirement benefits?
If you wish to divide retirement benefits or other specific assets, additional legal forms are required. It is recommended to consult with a lawyer before proceeding, as these matters can be complex.
How do I finalize the Divorce Decree?
To finalize the Divorce Decree, both parties must agree to the terms outlined within it. After the hearing, the judge will sign the decree, making it official. Ensure that you keep a copy for your records and follow any additional steps required by the court.
Common mistakes
Filling out the Divorce Decree form can be a daunting task, and many individuals make common mistakes that can complicate the process. One frequent error is failing to accurately print the court information as it appears on the Petition for Divorce. This includes the court name, number, and cause number. If this information is incorrect, it can lead to delays or even dismissal of the case.
Another common mistake is not providing complete names for both the Petitioner and Respondent. It’s essential to include first, middle, and last names. Omitting any part of a name can cause confusion and may require additional steps to rectify. Additionally, people often forget to check the appropriate boxes indicating whether the Petitioner and Respondent were present at the hearing or if they were representing themselves.
Jurisdiction is a crucial aspect of the Divorce Decree, and many fail to check the correct jurisdictional boxes. The form requires you to confirm that the Petition was filed more than 60 days ago or that specific protective orders are in place. Skipping this step or selecting the wrong option can jeopardize the validity of the decree.
When it comes to children, some individuals mistakenly check the wrong box regarding minor children. It’s vital to accurately state whether there are any minor children or adult disabled children involved. If there are children, failing to attach the necessary custody and support order can create significant issues later.
Another oversight occurs in the property and debts section. Many people do not understand that Texas is a community property state. They might neglect to include all community property and debts in the decree. This can lead to disputes down the line and may require further legal action to resolve.
Some individuals also forget to attach copies of relevant documents, such as previous custody orders or paternity acknowledgments. Not including these attachments can result in the court not recognizing important agreements made prior to the divorce.
Another mistake involves the mislabeling of property as separate when it is actually community property. Properly identifying which assets belong to whom is crucial to avoid future conflicts. Individuals often overlook the need to confirm the separate property in the decree, which can lead to misunderstandings.
Additionally, failing to ensure both parties sign the decree can invalidate the entire process. If one party does not agree or sign, the court may not finalize the divorce. Always double-check that signatures are present where required.
Finally, individuals sometimes rush through the form without reading all instructions carefully. This can lead to missed steps or incorrect information. Taking the time to thoroughly review the form can prevent unnecessary complications and ensure a smoother divorce process.
Documents used along the form
When navigating a divorce, several forms and documents are often used in conjunction with the Divorce Decree. Each of these documents serves a specific purpose in the divorce process. Below is a list of commonly associated forms.
- Petition for Divorce: This document initiates the divorce process. It outlines the grounds for divorce and requests the court to grant the divorce. It includes essential information about both spouses and any children involved.
- Answer to Petition: The Respondent uses this form to respond to the Petition for Divorce. It allows the Respondent to agree or disagree with the terms set forth in the Petition and can address issues such as custody and property division.
- Waiver of Citation: This form is used when the Respondent agrees to waive the right to be formally served with divorce papers. By signing this document, the Respondent acknowledges receipt of the Petition and allows the divorce to proceed without further notice.
- Final Orders: This document outlines the court's final decisions regarding property division, child custody, and support obligations. It is essential for ensuring that all terms agreed upon in the divorce are legally binding.
Understanding these documents can help streamline the divorce process and ensure all necessary legal requirements are met. Proper completion and submission of these forms contribute to a smoother resolution of the divorce proceedings.
Similar forms
The Divorce Decree form shares similarities with several other legal documents. Each serves a specific purpose in the context of family law and divorce proceedings. Here are eight documents that are similar to the Divorce Decree:
- Petition for Divorce: This document initiates the divorce process. It outlines the reasons for the divorce and the relief sought, similar to how the Divorce Decree finalizes the terms of the divorce.
- Separation Agreement: This document details the terms of separation between spouses before the divorce is finalized. It often addresses property division and support, akin to the property and debt sections in the Divorce Decree.
- Child Custody Agreement: When children are involved, this agreement outlines custody arrangements and parenting plans. The Divorce Decree may reference such agreements if applicable, especially regarding child support and custody.
- Final Judgment of Divorce: This is another term for the Divorce Decree in some jurisdictions. It serves the same purpose by officially ending the marriage and detailing the terms agreed upon by both parties.
- Affidavit of Non-Military Status: This document confirms that one or both spouses are not active military members. The Divorce Decree may require this affidavit to ensure that military protections are not violated during the divorce process.
- Waiver of Citation: This document allows one spouse to waive their right to be formally served with divorce papers. It can simplify the process, similar to how the Divorce Decree can streamline the finalization of the divorce.
- Certificate of Last Known Address: This document provides the court with the last known address of the parties involved. It is often required in divorce proceedings to establish jurisdiction, just like the Divorce Decree confirms the court's jurisdiction.
- Marital Settlement Agreement: This document outlines the agreed-upon terms regarding property division, debts, and other matters. The Divorce Decree incorporates these terms into the final ruling, making it a crucial component of the divorce process.
Dos and Don'ts
When filling out the Divorce Decree form, it’s important to be careful and thorough. Here are some key dos and don’ts to keep in mind:
- Do print court information exactly as it appears on your Petition for Divorce.
- Do include both spouses' full names clearly.
- Do check all applicable boxes regarding the presence and agreement of both parties.
- Do attach necessary documents, such as copies of any existing court orders regarding children.
- Don’t leave any sections blank; fill out every part of the form completely.
- Don’t use this form if you need to divide retirement benefits or real estate without consulting a lawyer.
Misconceptions
Here are five common misconceptions about the Divorce Decree form:
- It can be completed without legal advice. Many people believe they can fill out the Divorce Decree form without consulting a lawyer. However, this form can be complex, especially regarding property division and custody arrangements. Seeking legal advice is often beneficial.
- It automatically divides all assets and debts. Some assume that the Divorce Decree automatically addresses all assets and debts. In reality, additional forms may be necessary for dividing retirement benefits or real estate. It is important to address these separately.
- It is the final step in the divorce process. Many think that completing the Divorce Decree form is the last step in a divorce. However, the decree must be signed by a judge to be finalized. Until this happens, the divorce is not legally complete.
- Children are always included in the decree. Some people believe that the Divorce Decree form must always include children. If there are no minor children or dependents, specific sections related to child custody and support may not apply.
- It can be used in any state. A common misconception is that the Divorce Decree form is valid in all states. Each state has its own laws and requirements for divorce. Therefore, using a Texas form in another state could lead to complications.
Key takeaways
Accurate court information is essential. Ensure that the court details match those on the Petition for Divorce, including the cause number and court name.
Clearly identify both spouses. Fill in the full names of the Petitioner and Respondent, including first, middle, and last names, to avoid any ambiguity.
Understand the importance of jurisdiction. The court must confirm that it has jurisdiction over the case and that all residency and notice requirements have been satisfied.
Address any children involved. If there are minor or disabled children, include their names and details. If no children are present, ensure this is clearly indicated.
Be aware of community property laws. Texas is a community property state, meaning all property and debts acquired during the marriage are generally considered community property.
Consult a lawyer if necessary. If there are complexities regarding property division, especially with retirement benefits or real estate, seek legal advice before finalizing the decree.