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Everyone in Texas who files a civil case must submit a Civil Case Information Sheet. In order to fill the form out properly, you will need to know your name, address, telephone number, and email, along with the full names of both spouses. After you have entered in that information, simply check the box in the "Family Law" section that says "divorce." The contents of the Petition are going to differ drastically depending on whether or not you and your spouse have children. The Petition for couples without children is four pages. The petition for couples with children is more than twice as long.  You may leave the cause or cause number blank, the Court Clerk will fill this in when you file the documents with the Court. The addendum for custodial arrangements is extremely detailed, going so far as to specify when the weekend begins, what happens on three day weekends, and who shall have custody of the child on any and all major and minor holidays. It might be best for you each to come up with some idea of how you would like to make arrangements separately, and then come to a compromise agreement afterwards. If you have trouble coming to an agreement, consider a mediator.You can browse a national directory of mediators by going to www.mediate.com and looking at the listing for your state. You can find the form on the texaslawhelp.org website under their section on filing for divorce. File the form with the Clerk's Office in the District Court that has jurisdiction. Your divorce does not actually begin until you file this form.  Expect to pay filing fees with the county where you file. The exact amount of the fees will vary by locality, but you should expect to pay at least $200 in fees.  If you qualify as indigent (poor), the filing fees will be greatly reduced or waived altogether. You can make an affirmation of indigency by filling out a form and filing it with the clerk of court. Your spouse must receive a copy of the petition. If your spouse agrees to waive service of process, you can just send the Petition by mail or drop it off in person. If you are unsure, then pay a process server to perform an in-person service. Your spouse needs to complete a Waiver of Service or an Answer. For most people pursuing an uncontested divorce, a Waiver of Service will do. If you expect them to waive service, then just send the form along with the Petition.  If your spouse signs a Waiver of Service, you are not required to provide him or her with a copy of the divorce petition, or any other filings, and he or she will not be required to attend any hearings. This is generally used only when divorcing parties are in complete agreement on all issues and will not ask for any hearings. You may file the Waiver yourself. If your spouse wishes to receive copies of your filings and attend any hearings, he or she may file an answer to your divorce petition instead of a Waiver of Service. This is generally not used in an uncontested divorce, but your situation may differ. Your spouse must file the Answer. Once the Answer or the Waiver have been completed, you and your spouse should complete the final decree of divorce. In it you will confirm the division of property, child support, and custody arrangements. Calculate Child Support correctly.  To determine what child support should be, use the child support calculator provided by the Travis County Court. Anyone considering a divorce should get an attorney to at least look over the final versions of the forms. A mistake on one of these forms could lead to years of problems. Provide clear and complete information. Type or print all information in blue or black ink. Be sure to answer each questions completely and fill in every blank that applies to your situation. Call the Clerk’s Office at the proper court and ask how many copies of each form you will need and what the filing fee will be. Make the appropriate number of copies and take to the Clerk’s office along with the filing fee, which should be in cash, as the Courts do not accept personal checks or debit cards. If your spouse did not waive service of process but is still not contesting any points of the divorce, hire a process serves or another disinterested third party to serve your spouse with any remaining paperwork. However, if your divorce is uncontested because your spouse is missing, try service by publication. If you are not able to find your spouse, you may wish to serve him or her by publication. This means publishing notice of the divorce filing in a newspaper of general circulation in the last city or town where he or she was known to reside. To serve a party by publication in Texas, you must obtain the permission of the Court. In order to do this, you will need to file an affidavit with the Court stating that you are unable to find your spouse, after making an honest effort to do so.
Fill out the case information sheet. Complete the Original Petition for Divorce. Complete the Information on Suit Affecting the Family Relationship form. File Original Petition for Divorce. Provide your spouse with a copy or the Petition. Have your spouse complete the Waiver of Service form or Answer. Along with your spouse, complete the Final Decree of Divorce. Have an attorney look over your forms. File the divorce forms. Provide your spouse with notice of the divorce filing.