A Divorce Decree form officially ends a marriage, detailing the terms agreed upon or decreed regarding property, debts, and other relevant matters. It is a crucial document that lays out the final rulings after a divorce hearing, capturing agreements or court decisions on the division of assets, responsibilities, and other conditions both parties must adhere to. To navigate this process smoothly and ensure all legal aspects are covered, click the button below to start filling out your Divorce Decree form.
Navigating through the dissolution of marriage involves more than just the emotional and personal decision-making processes; it entails a complex legal procedure that is formalized with a Divorce Decree form. This form represents the final judgment and agreement in a divorce case, outlining the terms to which both parties have consented or which a court has determined in their absence. Central aspects of the decree include detailed identification of both parties involved, by full name, as the petitioner and respondent, alongside the judicial considerations such as jurisdiction, presence or absence of children from the marriage, and any agreements regarding their custody and support. Moreover, the decree delves into the division of property, distinguishing between communal and separate assets, and addresses debts, ensuring a clear delineation of responsibility. Furthermore, it confirms the divorce on grounds of insupportability, officially ending the marriage. The form also specifies arrangements for recording the proceedings and requirements for personal representation and agreement to the terms detailed within. Given the legal weight this document holds, it emphasizes the importance of precision in its completion and the inherent legal rights and obligations it sets forth for both individuals moving forward post-divorce.
Print court information exactly as it appears on your Petition for Divorce
Cause Number:
IN THE MATTER OF THE MARRIAGE OF
Petitioner:
In the ______________
Court Number
Print first, middle and last name of the spouse filing for divorce.
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):
MiddleLast
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 Non-Military Status. The Petitioner has also arranged for a court reporter to record the hearing.
© TexasLawHelp.org, Divorce Decree, No Children, October, 2011
Texas Family Code, Chapter 6; Texas Rules of Civil Procedure
Page 1 of 8
2. Record
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::
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
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.)
State where child lives
Child’s name
Sex
Date of Birth now
1
2
3
4
5
6
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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
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:
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.)
Age
Date of Birth
1.
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.
Page 3 of 8
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) 252-9690 for help finding a lawyer.
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:
House located at: _______________________________________________________________
Street Address
City
State
Zip
Husband owned this house before marriage.
Husband received this house as a gift or inheritance.
Land located at: ________________________________________________________________
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:
Year
Make
Model
Vehicle Identification No. [VIN]
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.
Page 4 of 8
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:
Legal Description:
3. Other real property located at:
(Check ALL that apply.)
4. All of the Husband’s employment benefits, including retirement, pension, 401(k), profit-sharing, and stock option plans that are in his name alone, along with all individual retirement accounts, such as IRAs that are in his name alone. (Note: If you want to divide retirement or employment benefits do NOT use this form. You will need additional forms. Talk to an attorney.)
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
8.
The Husband will also keep the property listed below:
Page 5 of 8
Husband’s Debts
The Husband shall pay the debts listed below:
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
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:
Wife owned this house before marriage.
Wife received this house as a gift or inheritance.
Wife owned this land before marriage.
Wife received this land as a gift or inheritance.
Wife owned these vehicles before the marriage or received them as a gift or inheritance during the marriage:
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.
Page 6 of 8
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.
State Zip
4. All of the Wife’s employment benefits, including retirement, pension, 401(k), profit-sharing, and stock option plans that are in her name alone, along with all individual retirement accounts, such as IRAs that are in her name alone. (Note: If you want to divide retirement or employment benefits do NOT use this form. You will need additional forms. Talk to an attorney.)
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:
The Wife will also keep the property listed below:
Page 7 of 8
Wife’s Debts
The Wife shall pay the debts listed below:
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:______________________.
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.
Middle
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.
( )
Petitioner’s Name (print)
Phone number
Respondent’s Name (print)
Petitioner’s Signature
Date
Respondent’s Signature
Mailing
Address:
Address
Page 8 of 8
Filling out a Divorce Decree form marks a significant step in finalizing the legal separation process. These documents, once completed and approved by the court, will end the marriage legally, dividing property, and outlining any agreements between the parties. To ensure accuracy and compliance with legal requirements, follow these steps carefully.
Once the form is filled out, file it with the court clerk in the court where your divorce case is pending. Keep a copy for your records, and be prepared to discuss or negotiate any items in the decree if necessary during the final hearing. Remember, this form is a legal document, and its accuracy is crucial for the divorce process to proceed smoothly.
A Divorce Decree is a final order from a court that officially ends a marriage. This document contains the court's decisions on all aspects of the divorce, including the division of property and debts, and, if applicable, issues related to child custody and support. It is legally binding and enforceable by law.
In states like Texas, which follow community property principles, most property and debts acquired by either spouse during the marriage are considered community property and are divided between the spouses upon divorce. The Decree will list specific details about who gets what property and who is responsible for each debt. Separate property, which includes gifts, inheritances, or property owned before the marriage, is typically confirmed to the original owner.
If there are minor children, the Divorce Decree will also address issues related to their care, including custody arrangements and child support. If a previous order regarding the children exists, the Decree will acknowledge that order and may incorporate it by reference, with a copy attached as an exhibit.
Yes, a Divorce Decree can include provisions for spousal support, also known as alimony. This would outline the amount one spouse must pay to the other, the duration of payments, and other relevant details.
If the wife is pregnant, the divorce generally cannot be finalized until after the child is born, allowing for appropriate arrangements to be made regarding child support and custody.
A hearing is conducted where the court reviews the proposed Decree to ensure it complies with legal standards and is fair to both parties. Both spouses may be present at the hearing. Once any necessary adjustments are made, the judge will sign the Decree, making the divorce official.
The presence of a court reporter at the hearing is not always mandatory. The need for a court reporter depends on whether the parties or the judge wish to have an official record of the proceedings. If all parties agree, a hearing may proceed without a court reporter, or a statement of evidence can be signed by the court instead.
If the Respondent does not agree with the terms proposed in the Divorce Decree, they have the opportunity to file a response and contest the terms in court. The court will then review the arguments and evidence from both spouses before making a final decision.
If one party fails to comply with the terms of the Divorce Decree, the other party can file a motion with the court to enforce the order. The court may then take various actions, including holding the non-compliant party in contempt of court, to ensure compliance.
Filling out a Divorce Decree form requires detailed attention to ensure the legal document accurately reflects the terms of the divorce. Mistakes during this process can cause unnecessary delays or complications. Here are six common mistakes individuals often make:
Incorrect court information: Individuals sometimes fail to print the court information exactly as it appears on their Petition for Divorce. This includes errors in the Cause Number and the exact name of the court. This mistake can cause confusion or even result in the document being rejected.
Not clearly identifying the parties: Failing to print the first, middle, and last names of both spouses exactly as requested can lead to ambiguity. It is crucial to distinguish between the petitioner (the spouse filing for divorce) and the respondent (the other spouse).
Misuse of checkboxes: The form contains sections where one must check specific boxes to identify roles (e.g., husband or wife) and statuses (e.g., present at the hearing, agreement with the terms). Overlooking or incorrectly marking these boxes can misrepresent the agreement's terms or the parties' involvement.
Incomplete jurisdiction and residency information: The decree asks to confirm that the court has jurisdiction and that residency requirements have been met. Failing to check these boxes or incorrectly doing so can question the legal validity of the decree.
Skip attaching necessary documents: If there are children involved from the marriage, or if the decree references orders regarding children, pregnancy, or property division, the relevant documents or exhibits (such as a prior custody order or paternity establishment) must be attached. Failure to attach these documents can invalidate those sections of the decree.
Vague or incorrect property and debt division: The form requires detailed information about the division of property and debts, including legal descriptions of real estate and specific financial accounts. Being vague, omitting information, or including incorrect information regarding assets and liabilities can lead to disputes or the need for future legal clarification.
To avoid these mistakes, it is recommended that individuals:
Understanding these common pitfalls can assist individuals in accurately completing their Divorce Decree forms, thereby facilitating a smoother legal process.
Going through a divorce involves much more than just signing a decree that declares the dissolution of a marriage. It's a process that often requires several types of documentation to address the wide range of legal and practical issues that arise. Understanding these documents and their purpose is crucial for anyone navigating through the twists and turns of finalizing a divorce.
Each document plays a vital role in ensuring that all aspects of a divorce are legally addressed and finalized. From the initial petition to the final decree, and every financial affidavit in between, these forms together weave the legal fabric that helps both parties start anew. Navigating through them with clarity and understanding can turn a complicated process into a pathway towards a new beginning.
Filling out a Divorce Decree form is a significant step in the process of legally ending a marriage. It's important to approach this task with care and attention to detail. Below are eight dos and don'ts to guide you through the process:
Remember, the Divorce Decree is a legally binding document that finalizes the end of your marriage. It's important to approach this document with seriousness and precision to ensure that all terms are fair and reflective of both parties' wishes and legal rights.
Many people have misunderstandings about the Divorce Decree form, some of which include:
Here are key takeaways about filling out and using the Divorce Decree form:
Note: Additional documentation may be required for specific divisions, such as retirement benefits or real estate. Seek legal advice if unsure how to proceed. Community property laws have specific exceptions worth noting, such as inheritance and gifts, which are considered separate property.
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