Texas Marital Settlement (Divorce) Agreement Form [PDF]

A Texas marital settlement agreement is a legal document based on the spouses’ mutual consent to determine marital, family, and financial matters related to their divorce. Through this document, spouses address issues such as child support and custody, alimony, division of marital property, assets and debts, and other relevant matters.

The parties can use available marital settlement agreement templates and significantly simplify the divorce process. If drafted in accordance with Texas laws and requirements, this agreement can serve as the basis for the court’s final decision regarding the divorce.

Therefore, it is recommended that spouses consult a lawyer or legal advisor when drafting this document to ensure the divorce settlement agreement complies with the law.

Divorce Forms

Divorce forms should be filed with the District Court in the county where the parties live. The filing fee ranges from $150 to $300, depending on the county, and it takes at least 60 days to get a final court decision on the divorce.

Divorce Laws and Legal Requirements in Texas

Divorce laws and legal requirements in Texas regulate the most important issues related to divorce and provide information that spouses need to consider during a divorce, including the following matters:

#1. Alimony

According to Sections 8.051–8.055 of the Texas Family Code, a judge can order one spouse to pay alimony to the other if that spouse makes a formal request and provides proof they do not have enough property to meet basic needs after the divorce. When determining the amount and duration of alimony, the court considers the following factors:

The spouse’s financial ability to meet their own needs
Education and job skills
Duration of the marriage
Age and physical condition
Contributions to the other spouse’s education
Any misconduct during the marriage
Family violence
Marriages longer than ten years or caring for a child with a disability

The court cannot order alimony payments that exceed either $5,000 per month or 20% of the spouse’s average monthly gross income, whichever amount is lower. On the other hand, courts can revise alimony decisions if the circumstances change from the moment the decision is made.

#2. Child Support

According to Chapter 154 of the Texas Family Code, the court can require one or both spouses to support a child if the said child is disabled. The spouses will be required to support the child either indefinitely or for a specific period of time, such as until the child gets married, turns 18, or graduates from high school.

Regarding payment methods, the court can decide on periodic payments, a lump sum payment, purchasing an annuity, setting aside property, or a combination of these methods.

#3. Division of Property

Section 7.001 states that the court will divide the spouses’ community property in a manner it deems just and fair, taking into account the rights of each party and any children from the marriage.

This division principle does not mean that the spouses will receive equal parts; rather, it depends on the judge’s decision on what seems like a fair division in the specific case.

#4. Grounds for Divorce

Chapter 6, Subchapter A outlines the following circumstances under which the court is likely to grant a divorce:

Insupportability
Cruelty
Adultery
Conviction of felony for at least one year
Abandonment for at least one year
Living apart without cohabitation for at least three years
Confinement in a mental hospital for at least three years

#5. Interim Support

Interim support is a form of aid one spouse provides to the other during divorce. While it typically involves financial payments, Section 6.502 also specifies other types of temporary support, such as:

Restricting spending beyond reasonable living expenses
Appointing a receiver to manage the property
Ordering payment of attorney’s fees and expenses
Requiring the production of divorce-related documents

#6. Residency

The residency requirement in Section 6.301 of the Texas Family Code states that the petitioner must have been a Texas resident for the preceding six months and a county resident where they filed for divorce for the preceding 90 days.

On the other hand, if one spouse is not a Texas resident but the other is, the non-resident spouse can still file for divorce in Texas, specifically in the county where the resident spouse currently lives.

How to File for a Divorce in Texas in 7 Steps

To file for divorce in Texas, it is important to take the following steps and make the process smooth sailing:

#1. Fill out the Divorce Form

The petitioner (the party asking for divorce) needs to complete the first step, which involves filling out the Original Petition for Divorce (also known as a divorce complaint).

This document contains sections that provide information about the petitioner and the respondent, their marriage, the reason for divorce, any minor children, marital property, and other relevant matters regarding divorce that need to be addressed.

#2. Fill out Additional Court Forms

In addition to the divorce complaint, if spouses have children or want to be exempt from paying court fees, they need to fill out additional forms.

If they have children, they need to fill out the Standard Possession Order, also known as the Parenting Plan, which regulates the visitation schedule between parents and children after divorce. For paying child support, the Income Withholding for Support document ensures child support payments are automatically deducted from the parent’s paycheck.

For exemption from paying taxes, the spouses fill out the Statement of Inability to Afford Payment of Court Costs, in which they provide information about their assets, income, debts, and more. They also complete an Unsworn Declaration or have their signature notarized to ensure its validity.

#3. File the Forms With the Court

After the petitioner completes the divorce forms, the documents are filled with the court in person or online.

If the petitioner files the documents in person, they file it at the local District Court clerk's office by bringing the original and two copies. The original remains with the court, and the copies are returned to the petitioner.

Alternatively, the petitioner can file the divorce documents online through the E-file Texas service. In this case, the clerk retains the originals and prints two additional copies, stamps them with the date and time and returns them to the petitioner.

When the documents are filed, the case is assigned a case number.

#4. Serve the Forms to the Spouse

After the petitioner files the divorce forms, the next step is to serve copies of the filed documents to the respondent, which can be done in one of the following ways:

In-person/Email: This method is commonly used in uncontested divorces, where the parties agree on all essential divorce issues. Upon receipt, the respondent signs a Waiver of Service in front of a notary, confirming their waiver of formal service procedures.
Official Service: This method involves a sheriff or process server delivering the divorce forms, in which case the petitioner pays a corresponding fee. Once the divorce papers are delivered, a Return of Service form is completed and sent to the courthouse as proof of service.
Publication: If the respondent`s address is unknown, the petitioner can request serving the divorce forms by posting them in the courthouse or in local newspapers.

#5. Wait for the Defendant's Answer

After the respondent reviews the divorce papers, they have 21 days to respond to the petitioner’s claims. There are several scenarios:

If the respondent does not respond to the petition, the process continues without their participation, and the court can issue a default judgment in favor of the petitioner.
In the second situation, the respondent can answer the petition by agreeing, disagreeing, or partially agreeing with the petitioner’s claims. If the respondent disagrees with the petitioner’s claim, they have to provide reasons for their disagreement.
In the third scenario, the respondent can file a counter-petition, completely denying the petitioner’s claims and suggesting that the court decide in their favor. The counter-petition should be based on the claims and evidence.

#6. Proceed as a Default, Agreed, or Contested Divorce

The duration and procedure of a divorce case mainly depend on the parties involved, their agreement status, and their level of participation, leading to the division of divorces into:

Default—When the petitioner files for divorce, and the respondent doesn’t participate
Agreed—When both parties agree on everything, also known as uncontested divorce
Contested—When spouses can’t agree, and the court steps in to decide

In both default and agreed divorces, the parties check with the clerk's office for the time and place of court hearings. These hearings can occur no sooner than 60 days after filing the original divorce petition.

Then, along with the previously mentioned documentation, they submit the Sample Testimony for Divorce (with or without children) and the Final Decree of Divorce. Additionally, for default divorces, the Certificate of Last Known Mailing Address should be submitted.

The court reviews all documentation and statements and signs the Final Decree if it's in the best interest of both parties and any children involved. The parties submit the signed documents to the clerk's office, after which the marriage is dissolved.

Unlike in default and agreed divorces, in a contested divorce, either the petitioner or respondent schedules a trial with the court, after which there is an obligation to formally notify the other party at least 45 days before the scheduled final hearing.

Then, based on the evidence and statements provided by the parties, the court resolves issues and signs the Final Decree of Divorce.

#7. Change Your Name

During divorce proceedings, spouses can request to change their last name to their pre-marriage name by filling out a form called Order Restoring Name Used Before Marriage. However, a separate procedure must be started if the spouse wants to adopt a new last name.

After the spouse reverts to their former name, they have to inform the relevant institutions to update their records and proceed to update all personal documents accordingly.