Divorce Decree Template

A Divorce Decree form is a legal document that finalizes the dissolution of a marriage, outlining the terms agreed upon by both parties. This form captures essential details, including the names of the spouses, the court information, and any arrangements regarding property and children, if applicable. Understanding how to accurately fill out this form is crucial for ensuring that the divorce process proceeds smoothly; click the button below to start filling out your Divorce Decree form.

Table of Contents

When navigating the complexities of divorce, the Divorce Decree form plays a crucial role in finalizing the legal dissolution of a marriage. This form captures essential details, starting with the court information and the names of both spouses involved. It outlines the appearances of the Petitioner and Respondent during the hearing, confirming their agreement to the terms of the divorce. The form also addresses jurisdiction, ensuring that the court has the authority to make decisions based on residency and legal requirements. If children are involved, the form specifies custody arrangements and any previous court orders related to child support. Additionally, it clarifies the status of property and debts, highlighting Texas's community property laws. The Divorce Decree concludes with the official order of divorce, solidifying the end of the marriage on grounds of insupportability. Each section of the form is designed to ensure clarity and compliance with legal standards, making it an essential document for anyone going through this significant life change.

Divorce Decree Sample

court information exactly as it appears on your Petition for Divorce

Cause Number:

IN THE MATTER OF THE MARRIAGE OF

Petitioner:

Print first, middle and last name of the spouse filing for divorce.

And

Respondent:

In the ______________

Court Number

District Court County Court of:

County, Texas

Print first, middle and last name of other spouse.

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: _____________________________________________________________.

First Middle Last

The Petitioner represented him/herself and is the (check one):

Husband. Wife.

(Check one box.)

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 Middle Last

The Respondent is the (check one):

Husband. Wife.

(Check one box.)

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.

Texas Family Code, Chapter 6; Texas Rules of Civil Procedure Page 1 of 8

Texas Family Code, Chapter 6; Texas Rules of Civil Procedure Page 2 of 8

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.)

Child’s name Sex Date of Birth

State where child lives

now

B. Pregnancy

Remember: You cannot finish your divorce

while the wife is pregnant.

The Court finds that the Wife is not pregnant.

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

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.

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

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.

Texas Family Code, Chapter 6; Texas Rules of Civil Procedure Page 3 of 8

Texas Family Code, Chapter 6; Texas Rules of Civil Procedure Page 4 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:

1. House located at:

_______________________________________________________________

Street Address City State Zip

Husband owned this house before marriage.

Husband received this house as a gift or inheritance.

2. Land located at: ________________________________________________________________

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:

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.

Texas Family Code, Chapter 6; Texas Rules of Civil Procedure Page 5 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:

Street Address City State Zip

Legal Description:

3. Other real property located at:

Street Address City State Zip

Legal Description:

(Check ALL that apply.)

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.)

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

Year Make Model Vehicle Identification No. [VIN]

8. The Husband will also keep the property listed below:

Texas Family Code, Chapter 6; Texas Rules of Civil Procedure Page 6 of 8

Husband’s Debts

(Check all that apply.)

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:

1. House located at

: _______________________________________________________________

Street Address City State Zip

Wife owned this house before marriage.

Wife received this house as a gift or inheritance.

2. Land located at: ________________________________________________________________

Street Address City State Zip

Wife owned this land before marriage.

Wife received this land as a gift or inheritance.

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:

Year Make Model Vehicle Identification No. [VIN]

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.

Texas Family Code, Chapter 6; Texas Rules of Civil Procedure Page 7 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.

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.)

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.)

All of the Wife’s cash and money in any bank or other financial institution that is listed in her

name ALONE.

Any insurance policy that covers the Wife’s life.

The Wife’s cars, trucks, motorcycles or other vehicles listed below:

Year Make Model Vehicle Identification No. [VIN]

8. The Wife will also keep the property listed below:

Wife’s Debts

(Check all that apply.)

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:______________________.

Month Day Year

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.

( ) ( )

Petitioner’s Name (print)

Phone number Respondent’s Name (print) Phone number



Petitioner’s Signature

Date Respondent’s Signature Date

Mailing

Address:

Mailing

Address

Texas Family Code, Chapter 6; Texas Rules of Civil Procedure Page 8 of 8

▼ Divorce Decree PDF Form

Document Attributes

Fact Name	Description
Court Information	The Divorce Decree must include the court information exactly as it appears on the Petition for Divorce, including the court name and cause number.
Petitioner and Respondent	The form requires the full names of both the Petitioner and the Respondent, along with their respective representations in court.
Hearing Details	A hearing is conducted without a jury unless requested by either party. Both parties must agree to the terms of the Decree.
Jurisdiction	The court must establish jurisdiction over the case, confirming that residency and notice requirements have been satisfied.
Children Consideration	The court assesses whether the couple has minor children or if there are any existing custody orders related to children.
Divorce Grounds	The Decree states that the divorce is granted on the grounds of insupportability, which is a no-fault basis for divorce in Texas.
Property and Debts	Texas is a community property state, meaning that all property and debts acquired during the marriage are typically considered community property.
Finality of Decree	The Divorce Decree is a final document that officially ends the marriage and outlines the division of property and responsibilities.
Legal References	The form is governed by the Texas Family Code, particularly Chapter 6, and the Texas Rules of Civil Procedure.

Divorce Decree: Usage Instruction

Completing the Divorce Decree form is a crucial step in finalizing the divorce process. After filling out this form, it must be submitted to the appropriate court for review and approval. The following steps outline how to accurately fill out the form.

Print the court information as it appears on your Petition for Divorce, including the court number and the county.
Enter the names of both spouses. For the Petitioner, provide the first, middle, and last name of the spouse filing for divorce. For the Respondent, provide their first, middle, and last name as well.
Indicate whether the Petitioner is the Husband or Wife by checking the appropriate box.
For the Respondent, check the box to confirm if they were present and agreed to the terms or if they signed a waiver.
Check the box confirming whether a court reporter recorded the hearing or not.
Confirm jurisdiction by checking the appropriate box that reflects the filing timeline or any protective orders related to family violence.
Indicate whether there are minor children involved by checking the appropriate box. If there are children, list their names, sex, and date of birth.
Check the box regarding the Wife's pregnancy status. Ensure that the divorce process is not finalized if the Wife is pregnant.
If there are children born during the marriage but the Husband is not the father, provide the necessary information and check the appropriate box.
State the grounds for divorce, confirming that both parties are divorced on the grounds of insupportability.
Detail the property and debts. List the Husband’s separate property and community property, specifying any real estate, vehicles, or financial accounts.
Ensure that all sections are filled out accurately and completely before submitting the form to the court.

Frequently Asked Questions

What is a Divorce Decree?

A Divorce Decree is a legal document issued by a court that officially ends a marriage. It outlines the terms of the divorce, including property division, debt responsibilities, and, if applicable, child custody and support arrangements. This document serves as the final order in the divorce process, ensuring that both parties understand their rights and obligations post-divorce.
What information do I need to include in the Divorce Decree?

When completing a Divorce Decree, it is crucial to include specific information accurately. This includes:
- The names of both spouses (Petitioner and Respondent).
- The court's name and cause number.
- Details about any children from the marriage, if applicable.
- Information regarding property and debts, specifying what is community property and what is separate property.
Each section must be filled out carefully to ensure that the decree reflects the agreements made between both parties.
What if there are children involved in the divorce?

If children are involved, the Divorce Decree must address custody, visitation, and child support. The court will typically require a separate order regarding custody and support if these issues have been previously decided. It is essential to attach any existing custody orders to the Divorce Decree as an exhibit. This ensures that the court has all necessary information to finalize the divorce while considering the best interests of the children.
Can I finalize my divorce if my spouse is not present?

Yes, a divorce can still be finalized if one spouse is not present, provided that certain conditions are met. The absent spouse must either have been served with divorce papers and filed an answer, or signed a waiver of citation. The Petitioner must also demonstrate that the court has jurisdiction over the case. If these conditions are satisfied, the court can proceed to finalize the divorce without the Respondent's presence.

Common mistakes

When completing the Divorce Decree form, individuals often make several common mistakes that can lead to complications in the divorce process. Understanding these pitfalls can help ensure a smoother transition during a challenging time.

One frequent error is failing to accurately print the court information as it appears on the Petition for Divorce. This includes the court name, cause number, and county. Any discrepancies can cause delays or even lead to the rejection of the form. It is essential to double-check this information before submission.

Another mistake involves incomplete or incorrect identification of the parties involved. The Petitioner and Respondent must provide their full names, including first, middle, and last names. Omitting a middle name or misspelling a last name can create confusion and may require additional court proceedings to rectify.

Many people overlook the importance of confirming the jurisdiction of the court. The form requires a check to indicate whether the residency and notice requirements have been met. Failing to do this can raise questions about the court's authority to finalize the divorce, potentially prolonging the process.

Additionally, individuals often forget to address the issue of children born during the marriage. If there are minor children or children with established paternity, the form must reflect this accurately. Omitting this information or incorrectly stating the details can lead to legal complications regarding custody and support.

Another common error is neglecting to include all community property and debts. Texas law requires that all community property acquired during the marriage be included in the Divorce Decree. Failing to list items can result in disputes later on, as one party may claim ownership of property not mentioned in the decree.

Lastly, individuals sometimes fail to consult a lawyer when necessary. While the form is designed for self-representation, complex issues like dividing retirement benefits or real estate require specialized knowledge. Seeking legal advice can help prevent costly mistakes and ensure that all necessary documents are properly prepared.

Documents used along the form

When navigating the complexities of a divorce, several forms and documents often accompany the Divorce Decree. Each of these documents serves a specific purpose in the legal process, ensuring that all aspects of the divorce are addressed appropriately. Below is a list of commonly used forms that may be required alongside the Divorce Decree.

Petition for Divorce: This is the initial document filed by the Petitioner to start the divorce process. It outlines the grounds for divorce and requests the court to grant a dissolution of marriage.
Answer to Petition for Divorce: The Respondent uses this document to respond to the Petition. It allows the Respondent to agree or disagree with the claims made and can include counterclaims if necessary.
Waiver of Citation: This form is used by the Respondent to waive their right to receive formal notice of the divorce proceedings. By signing this document, the Respondent agrees to the court proceeding without being present.
Affidavit of Non-Military Status: This affidavit confirms that the Respondent is not currently serving in the military. It is important for ensuring compliance with the Servicemembers Civil Relief Act.
Certificate of Last Known Address: This document provides the court with the last known address of the Respondent. It is essential for establishing jurisdiction and ensuring proper notification of the proceedings.
Final Orders Regarding Children: If children are involved, this document outlines custody arrangements, visitation rights, and child support obligations. It is crucial for establishing the legal responsibilities of each parent post-divorce.

Understanding these accompanying documents can greatly aid in the divorce process. Each form plays a vital role in ensuring that the legal proceedings are conducted smoothly and that both parties' rights are protected. It is advisable to consult with a legal professional if there are any uncertainties about the requirements or implications of these forms.

Similar forms

Separation Agreement: This document outlines the terms agreed upon by both spouses regarding the division of assets, debts, and other matters before the divorce is finalized. Like the Divorce Decree, it serves to formalize the separation of the couple's lives and can address issues such as property division and support obligations.
Child Custody Agreement: This document specifies the arrangements for the care and custody of any minor children involved in the divorce. Similar to the Divorce Decree, it is legally binding and aims to ensure the best interests of the children are prioritized, detailing visitation rights and responsibilities of each parent.
Property Settlement Agreement: This agreement details how the couple's property and debts will be divided upon divorce. It is akin to the Divorce Decree in that it legally finalizes the distribution of assets, ensuring both parties understand their rights and obligations regarding their shared property.
Final Judgment of Divorce: This document is issued by the court and signifies the official end of the marriage. Like the Divorce Decree, it includes critical information about the divorce terms, including custody, support, and property division, and is enforceable by law.
Affidavit of Support: This form may be required in cases involving spousal support or alimony. Similar to the Divorce Decree, it provides details about financial obligations and support arrangements, ensuring that both parties are clear about their responsibilities post-divorce.

Dos and Don'ts

When filling out the Divorce Decree form, it’s essential to be thorough and accurate. Here’s a list of things you should and shouldn’t do:

Do print court information exactly as it appears on your Petition for Divorce.
Do ensure both spouses' names are complete, including first, middle, and last names.
Do check all applicable boxes to avoid confusion about your agreement.
Do attach any required documents, such as custody orders or paternity acknowledgments.
Don't skip sections; every part of the form needs to be filled out completely.
Don't forget to review the form for errors before submission.

Misconceptions

Here are some common misconceptions about the Divorce Decree form:

The Divorce Decree is the same as the Petition for Divorce. The Divorce Decree finalizes the divorce, while the Petition initiates the process. They are different documents.
You don’t need to attend the hearing. Both parties must attend unless one has signed a waiver or has been properly served and does not contest the divorce.
The Divorce Decree automatically divides property. The Decree outlines how property and debts are divided, but additional forms may be needed for certain assets like retirement benefits.
Children are automatically included in the Divorce Decree. If there are no minor children, this must be explicitly stated in the Decree.
Filing the Divorce Decree is the last step. After filing, the court may still require additional documentation or hearings, especially if issues arise.
All divorces are finalized the same way. Each divorce is unique, and the process can vary based on individual circumstances and local laws.
You can finalize the divorce while the wife is pregnant. A divorce cannot be finalized if the wife is pregnant, as this complicates legal matters regarding paternity.
The Divorce Decree is a simple form. While it may seem straightforward, completing it correctly requires attention to detail and understanding of legal requirements.
Legal advice is not necessary. Consulting with a lawyer can help ensure that all aspects of the divorce are handled properly, especially regarding property and custody issues.

Key takeaways

Ensure that you fill in the court information exactly as it appears on your Petition for Divorce. This includes the court name and cause number.
Clearly state the names of both the Petitioner and the Respondent. Include their first, middle, and last names.
Indicate whether the Petitioner and Respondent are present at the hearing. If not, confirm that they have agreed to the terms of the Decree.
Check the appropriate boxes regarding the court's jurisdiction and the status of any children involved. This is crucial for the court's findings.
Attach any necessary documents, such as previous court orders regarding children, and label them correctly as Exhibit A.
Understand that Texas is a community property state. List all community property and debts clearly in the Decree.
If dividing retirement benefits or real estate, seek legal advice before using this form. Additional forms may be required.