The Final Decree of Divorce is a document that contains all of the judge’s final orders in your divorce case. It will outline your rights and responsibilities regarding your marital property, your children, and more. It is, therefore, essential that you learn how to fill out a Final Divorce Decree in Texas properly.
You are legally required to comply with the requirements of your Final Divorce Decree. For this reason, if your divorce is contested or in any way complicated, it is a good idea to work with an attorney, at least during the final decree drafting process, if not throughout the entire divorce. Even in simple divorces, it can be useful to hire a lawyer using a limited-scope agreement so they can review your documents before your hearing.
Whether your divorce has been fairly simple or frustratingly complex, you are likely glad to be nearing the end of this costly, stressful, and time-consuming process. Let’s take a look at what you need to know when filling out your Final Decree in a Texas divorce.
In Texas, there are different versions of the Final Decree of Divorce depending on the particulars of your case.
If you find yourself in scenario 3, you will also need to attach a Possession Order form. Divorcing couples that have children will also need to fill out the Information on Suit Affecting the Family Relationship.
If either you or your spouse wants to change your name back to the name you used before marriage, you will also need to fill out the Order Restoring Name Used Before Marriage form.
If your divorce is contested, it’s highly advised that you work with an attorney. If your spouse will not sign the Final Decree of Divorce, the divorce is contested. You will need to set a final hearing for the case and offer at least forty-five days' notice to your spouse.
There also might be information and documents that you will need to provide to your spouse automatically. You can learn more about the required initial disclosures in Texas civil cases in this article from Texas Law Help. This nonprofit organization is managed by Texas Legal Services Center.
As with most legal documents, you will want to use either blue or black ink when filling out your final decree of divorce. The reason for this is that these darker ink colors are the most legible and scan better than other colors of ink.
It’s important to fill out all of the sections on the proper Final Decree of Divorce form. If you aren’t sure how to fill out one of the questions or prompts, you’ll want to consult with a lawyer who can help you navigate the process.
Your Final Decree of Divorce is an essential document that you want to make sure you fill out correctly.
The rights and responsibilities of both you and your spouse are outlined in this document. For this reason, it’s worth consulting with a lawyer if you have any questions at all about the proper way to fill it out.
If you and your spouse have minor children and there is already a final custody and support order in place, you will need to attach a file-stamped copy of the order of custody and support to your Final Decree. The copy you attach should have the judge’s signature on it. If you don’t have this document, you can obtain one from the district clerk’s office where the order was initially made.
Divorcing couples that have children will also need to fill out the Information on Suit Affecting the Family Relationship form. This form needs to be printed on one page (front and back).
Another form you might need is a Qualified Domestic Relations Order (QDRO). This is relevant if you and your spouse are dividing retirement benefits other than an IRA. You can either contact the retirement plan administrator or employer in order to get a sample form, or you can enlist the help of a lawyer to draft this form for you. It’s still a good idea to have an attorney review your QDRO form, even if you receive a sample from the administrator or employer.
This is a form you will want to have all ready to go when you arrive for your hearing. This way, the judge can review it and sign it while you’re in court.
If you are getting a divorce in Texas and you don’t have children, there are fewer forms to fill out than if there are minor children in the marriage. However, you will still need to fill out a QRDO form if you and your spouse are dividing retirement benefits other than an IRA. If you have a complex estate or your divorce is contested, you'll want to consult with a lawyer.
Check out this guide to learn more about Texas divorce forms.
When it’s time to finish your divorce, you’ll ask the judge to sign your Final Decree of Divorce. Your marriage officially ends when the judge signs the final decree and orders are made regarding the division of property and other matters.
It’s essential that your Final Decree of Divorce is completely filled out before you arrive at court– except for the judge’s signature, of course.
If you and your spouse have minor children and there is already a final custody and support order in place, you will need to attach a file-stamped copy of the order of custody and support to your Final Decree. The copy you attach should have the judge’s signature on it. If you don’t have this document, you can obtain one from the district clerk’s office where the order was initially made.
Are you wondering how much longer it will be until your divorce is final after you’ve completed mediation? Take a look at this article to learn more about the steps in-between mediation and the signing of a Final Decree by the judge.
Even if you are representing yourself in your divorce, you might consider bringing an attorney on board to take a look at your Final Divorce Decree draft. You don’t have to hire a lawyer for the entirety of your case– you could instead hire one via a limited-scope agreement. This means that you will pay a set fee for the attorney to review your settlement agreement and draft your Divorce Decree.
If your spouse has an attorney, it’s generally advised that you also have someone representing you fully throughout the entire case. However, if you and your spouse are getting a simple, amicable, uncontested divorce and you are both representing yourselves, hiring a lawyer simply to draft your Decree and review your agreement can help you save money and ensure that you’re receiving the outcome you’re looking for.
If you’re getting divorced in Texas, you’re likely engaging with the legal system in a way that is completely new to you. This can feel confusing, stressful, and downright overwhelming.
When it comes to getting divorced, knowledge is power. The more you understand about the process, the more smoothly your divorce will go. Be sure to check out our Texas Family Law blog for more information about your rights and responsibilities in a Texas divorce.
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