A Divorce Decree is a legal document issued by a court that finalizes the terms of a divorce, including issues related to property division, child custody, and spousal support. It provides a comprehensive end to the marriage, outlining the rights and responsibilities of each party post-divorce. For those who are about to complete their divorce proceedings, it's crucial to understand how to fill out the Divorce Decree form accurately, as it signifies the legal end of the marriage.
To ensure the form is filled out correctly and to make the process smoother, click the button below for detailed guidance.
When a marriage ends in Texas, navigating the path to officially dissolve the union involves various legal documents, among them being the Divorce Decree form. This critical document severs the marital relationship under the law and outlines the terms agreed upon by both parties concerning vital matters. It specifies court information, the names of the petitioner and respondent, and details the court's jurisdiction, confirming it has the authority over the case. Detailing a hearing with specified participants but no jury, it records whether a court reporter was present to document the proceedings. A pivotal section includes determinations on children within the marriage, addressing custody, child support, and even the acknowledgment of children born during the marriage but not biologically related to the husband. Furthermore, it asserts the grounds for divorce, often stated as "insupportability," meaning conflict or discord that destroys the marriage's legitimate ends and prevents any reasonable expectation of reconciliation. A significant portion is devoted to the allocation of community and separate property and debts, distinguishing what belongs to whom and ensuring a clear division. Texas, being a community property state, demands careful consideration to ensure fairness and equity in how assets and responsibilities are distributed. This decree not only finalizes the divorce but also lays out the post-marriage rights and obligations of each party, impacting their lives significantly moving forward.
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
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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.
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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) 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.
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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:
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 the Divorce Decree form is a critical step in finalizing the dissolution of a marriage legally. It is essential to enter all information accurately to reflect the decisions made during the divorce proceedings accurately. This form confirms the parties involved, the court's jurisdiction, child custody arrangements, if applicable, division of property and debts, and officially declares the dissolution of the marriage. Here’s a step-by-step guide to help through this process.
Once completed, review the entire form to ensure accuracy and completeness. This document, once signed by the judge, legally finalizes the divorce, marking the end of this chapter and the beginning of new individual lives. It’s advisable to seek legal advice if any parts of this form are unclear, specifically concerning the division of property or custody arrangements, to ensure rights and assets are protected.
What is a Divorce Decree?
A Divorce Decree is a final order from the court officially ending a marriage. It outlines the rights and responsibilities of each party concerning assets, debts, and other matters depending on the case.
How do I file for a Divorce Decree?
To file for a Divorce Decree, you must first file a Petition for Divorce in the appropriate court, serve your spouse with the paperwork, and then, after fulfilling all legal requirements and, if applicable, attending a court hearing, have a judge sign off on the Decree.
What should be included in a Divorce Decree form?
The form should include details about both parties (petitioner and respondent), court information, any agreements made regarding property division, custody arrangements (if applicable), and any other specific orders made by the court.
Do both parties need to be present to finalize the divorce?
No, both parties do not need to be present. One party can finalize the divorce if the other was served the divorce petition, signed an agreement, or has otherwise responded to the court filings.
What happens if we have children?
If you have children, the Divorce Decree needs to address custody, visitation, and support arrangements that are in the best interests of the children. All decisions should comply with state laws to ensure the welfare of the children is the primary concern.
Can we modify the Divorce Decree after it's finalized?
Yes, under certain circumstances, you can request the court to modify orders related to child support, custody, or visitation. However, property and debt agreements are typically final once the decree is entered.
What are the implications if one spouse does not follow the Divorce Decree?
If a spouse fails to comply with the terms of the Divorce Decree, they can be held in contempt of court. The aggrieved party can file a motion to enforce the order, which may result in legal consequences for the non-complying spouse.
Filling out a Divorce Decree form requires careful attention to detail. One common mistake is inaccurately printing court information, including the Cause Number and court type, such as District or County Court. This information should match exactly what appears on the Petition for Divorce. Any discrepancy can create confusion and potentially delay the divorce process.
Another mistake people often make is incorrectly identifying the petitioner and respondent. It is crucial to list the first, middle, and last names of both spouses clearly and accurately. Using nicknames or abbreviations can lead to issues in the legal recognition of the decree.
A significant area where mistakes occur is in the sections related to children, especially regarding paternity and custody arrangements. When children are involved, it is imperative to accurately state their names, dates of birth, and current living arrangements. Additionally, failing to attach a required court order for custody and support (Exhibit A) as referenced in the decree can invalidate crucial sections of the document.
Incorrectly handling the division of property and debts is another common error. Texas being a community property state means that both spouses own property and debts acquired during the marriage equally. Misunderstanding how to list separate and community property, or omitting certain assets and debts altogether, can result in an unfair or invalid division. Not specifying which property is separate or failing to outline how community property is to be divided can complicate post-divorce financial situations.
Another frequently made mistake is not specifying the grounds for divorce, which in Texas, can include insupportability, adultery, abandonment, among others. Neglecting to clearly state the reason in the Final Decree of Divorce can lead to unnecessary questions or challenges later on.
Last, individuals often overlook the fact that additional forms are needed to divide retirement benefits and to transfer titles to real estate. Attempting to use the standard form without consulting a lawyer for these matters can result in significant financial losses or legal challenges in the future. It’s advisable to seek legal guidance for accurate documentation and advice tailored to the specifics of one’s situation.
When navigating through the complexities of divorce, several documents play critical roles in addition to the Divorce Decree itself. These documents ensure that all aspects of the divorce, from child custody to property division, are addressed comprehensively. Understanding these forms can provide a smoother path through what is often a difficult process.
The dissolution of a marriage involves navigating a series of legal steps and paperwork. Each document serves its unique purpose, guiding separating spouses through the division of their lives together into separate paths. By understanding and properly managing these documents, those involved can work toward a resolution that respects the rights and needs of each party, laying a clearer path to the next chapter of their lives.
A Separation Agreement bears a strong resemblance to a Divorce Decree in that both serve as binding agreements that outline how a couple has agreed to manage various aspects of their separation. While a Divorce Decree is a legal order marking the end of a marriage, a Separation Agreement can be formulated before a divorce (or sometimes in place of one) to detail the division of assets, debts, and if applicable, child custody and support arrangements. Both documents aim to settle the affairs of the parties involved and require mutual consent to the terms laid out within them.
Similar in many ways to a Divorce Decree, a Marital Settlement Agreement (MSA) is another document that outlines how divorcing spouses agree to divide their marital assets and liabilities, and it may also cover spousal support and child custody arrangements. The MSA is typically incorporated into the final Divorce Decree by the court, making it enforceable by law. Much like a Divorce Decree, the MSA is a reflection of both parties' agreements after the dissolution of their marriage and seeks to resolve matters without further court intervention.
Custody Agreements are often part of the broader Divorce Decree when children are involved but can stand alone similar to how the Decree operates for marital dissolution. These agreements focus specifically on the arrangements for the care, custody, and support of the children from the marriage. Elements such as living arrangements, visitation schedules, and decision-making responsibilities are outlined. While a Divorce Decree encompasses various aspects of the divorce, including but not limited to child custody, a Custody Agreement dives deeper into the details regarding the children’s welfare post-divorce.
A Property Settlement Agreement (PSA) is closely aligned with a Divorce Decree in that it addresses the division of the couple's assets and debts. However, the PSA is specifically focused on the financial aspects and property division without touching on matters such as child custody unless they directly relate to financial responsibilities. In a Divorce Decree, the division of property is just one part of the order, but a PSA delves into detailed arrangements for how each asset and debt will be handled, providing a comprehensive breakdown of financial dissolution post-marriage.
Lastly, a Qualified Domestic Relations Order (QDRO) is a specialized legal order similar to a section of the Divorce Decree that deals specifically with the division of retirement plans. The QDRO allows for the distribution of retirement or pension plan benefits to the non-employee spouse as determined in the divorce settlement, which is addressed within the broader scope of a Divorce Decree. While a Divorce Decree can encompass many areas of a marital dissolution, the QDRO is necessary for the legal division of certain types of retirement benefits, ensuring they are transferred without penalty to the receiving spouse.
When filling out the Divorce Decree form, it's important to handle the paperwork carefully to avoid mistakes that could delay the process. Here are some guidelines:
Do:
Don't:
Many people have misconceptions about the Divorce Decree form, particularly due to its legal nature and the complexities inherent in divorce proceedings. Clearing up these misunderstandings can help individuals navigate their divorce with a better understanding of the process.
The Divorce Decree instantly finalizes the divorce: A common misconception is that once the Divorce Decree is signed, the divorce is immediately final. In reality, there may be a waiting period required by state law before the divorce is officially finalized.
It covers child custody and support details: While the Divorce Decree can include child custody and support arrangements, if there are no minor children from the marriage, these details will not be part of the decree.
It serves as a financial split document: Many believe the Decree will automatically divide all assets and debts. However, division of property and debts must be clearly outlined in the decree, and additional forms may be needed, especially for retirement benefits and real estate.
Both parties must agree for the divorce to proceed: This is not always the case. If one party does not respond or is absent but has been properly served, the court can still finalize the divorce.
The form includes all necessary details about property division: While it addresses property division, it's crucial to understand that complex assets like retirement benefits require additional documentation.
Signing the Decree equals agreement with all terms: Signing the document indicates that the parties acknowledge the divorce but doesn’t necessarily mean agreement with all terms. Disputes may still arise, potentially requiring further legal action.
Any changes to the Decree can be made informally: Alterations to the finalized Divorce Decree require a formal court process. Informal agreements between ex-spouses are not legally binding.
Paternity issues are automatically resolved with the divorce: If children were born during the marriage but paternity is questioned, these issues must be addressed separately and can complicate the divorce process.
The Decree prevents former spouses from making financial claims in the future: Unless specifically outlined in the Decree, former spouses might still have claims on certain future financial events or benefits.
Once divorced, you can immediately remarry: Some states require a waiting period after the divorce is finalized before either party can remarry legally.
Understanding these aspects of the Divorce Decree can help individuals better prepare for the process and set realistic expectations about what the document can and cannot do for them.
When navigating the complexities of divorce, accurately filling out and understanding the Divorce Decree form is crucial. Here are several key insights to guide those going through this process:
These insights offer a structured pathway through the legal intricacies of finalizing a divorce, ensuring that parties are informed and can engage with the process transparently and effectively.
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