General Information

About This Guide

This guide was created to provide information about divorce in Texas. It aims to answer the frequently asked questions that we receive at the library.

On this page, you will find a general overview of the divorce process. You will also find information for people who are filing for divorce without an attorney. Other pages explain specific parts of the divorce procedure in more detail.

Important Terms

There are many legal terms used in the divorce process that non-lawyers may not know. Below are some terms that are helpful to understand when facing a divorce. Other pages in this guide will provide more information about how they factor in to the process.

Agreed Divorce
According to TexasLawHelp.org, a divorce is "agreed" if "if you and your spouse agree about all the issues (including custody, visitation and child support) and are both willing to sign the divorce forms."
Community Property
Texas is a "community property" state. This means that in most cases, property and money obtained during the marriage legally belongs to both spouses. This concept is important when it comes to the part of the divorce when property is divided up.
Default Divorce
A default divorce is when one party fails to respond to the divorce petition.
Dissolution of Marriage
Texas law uses the term "dissolution" to include divorce or annulment.
Petitioner
The petitioner is the person who starts the divorce process. They are the one who filed the petition for divorce with the court.
Pro Se
"Pro se" is a term used by the courts to refer to someone who has not hired an attorney and is representing themselves.
Respondent
The respondent is the spouse who was not the one to file the suit for a divorce. They can file an answer, a counter-petition, or do nothing when served with divorce papers.
Service or Service of Process
Service is the formal act of notifying someone that a lawsuit has been filed against them.
Uncontested Divorce
An uncontested divorce can mean either an agreed divorce or a default divorce. In an uncontested divorce, there are no disagreements about what the parties want to happen. Uncontested divorces are usually much simpler and faster than contested divorces.

Filing for Divorce Without an Attorney

Uncontested divorces are where there are no disagreements between the spouses about what they want to happen. They can be something you can do without the help of a lawyer. The links below will help you learn about what it means to be "pro se," or representing yourself, and what to expect in the divorce process.

Contested divorces are where the spouses do not agree about what they want to happen. They can be much more complicated. If you believe that your divorce may be contested, it is a good idea to speak with an attorney for help.

FAQs: Filing a Divorce without Children
This FAQ page from TexasLawHelp answers common questions about divorce in Texas. It may be helpful for all divorces, even if there are children involved.
Pro Se Divorce Handbook: Representing Yourself in Family Court
This handbook provides information about representing yourself in simple, uncontested divorce proceedings. It also discusses marital property, child custody, and court etiquette.
What to Expect in Texas Family Law Court
This is a guide from the Texas Young Lawyers Association about family law court proceedings. It explains what will happen in court for people who are unfamiliar with the process. Their goal is to let you know what to expect so your experience is less difficult.
I want to know how to move a family law case through the system
TexasLawHelp.org provides a detailed overview of what to expect when filing a family law case in Texas. It explains things like the roles of the court staff, how to determine the right case for you, and more.

E-Books from the Texas State Law Library

Many of the e-books available through the State Law Library contain forms or drafting guides. Below are some e-book titles that may help you with your research on divorce in Texas.

Texas family law practice and procedure [electronic resource]
Covers: conservatorship, guardianship, premarital agreements, divorce, custody, spousal support, temporary orders, termination of parental rights, adoption, and more. Includes drafting guides for legal forms.
Texas family law practice manual [electronic resource]
This six-volume set from the State Bar of Texas contains many commonly used family law forms.
Divorce After 50: your guide to the unique legal & financial challenges [electronic resource]
Legal information and practical advice for older Americans dealing with divorce. Divorce rates are soaring among seniors, but the legal and emotional challenges you face as an older adult are different from those that apply to younger divorcees.
Divorce without court : a guide to mediation & collaborative divorce [electronic resource]
If you are trying to avoid legal bills and headaches during your divorce, this book can assist in guiding you through a negotiated divorce through means of mediation and/or collaboration.
Nolo's essential guide to divorce [electronic resource]

Who Can I Contact?

State agencies are unable to offer legal advice to the public. This means there aren't many official state resources to help Texans with their divorces. If you need help, consider speaking to an attorney or a legal aid organization.

Texas Vital Statistics (Texas Department of State Health Services)
The Vital Statistics office can help you locate marriage or divorce records.
Travis County Reference Attorney
If you are filing on the uncontested docket in Travis County, the reference attorneys can review forms and offer help. The reference attorneys cannot represent either party.
Legal Help
Our librarians have compiled sources for legal assistance across Texas, including clinics, hotlines, and legal aid organizations.