Texas Divorce Decree

A divorce decree finalizes the terms of a couple’s separation. While some divorce decrees in Texas are drafted by an attorney, there is no requirement for that level of formality. Individuals who want to pursue a divorce on their own can use our DIY divorce kit (which includes a customized divorce decree and step-by-step instructions).

Before issuing a divorce decree, the court must confirm that it has the jurisdiction to do so. This generally requires the parties to prove that they have lived in Texas long enough to qualify for a divorce.

The bulk of a final divorce decree in Texas will cover custody issues if the divorcing parties share minor children. If you and your spouse agree on how you’d like physical and legal custody rights to be awarded, it is your responsibility to prove to the court that your desired parenting plan is in your child’s best interests. We use the Standard Possession Order in our divorce decree, which is presumed to be in the best interest of the child(ren).

For parents who cannot agree on custody terms (AKA a “contested divorce”), litigation will be necessary before a divorce degree can be finalized.

The other major consideration addressed in a divorce decree is how the couple’s marital property and debt will be divided. The court is unlikely to deviate from an asset distribution plan that the spouses agree on, so it is crucial to be thorough and precise when identifying assets to be divided upon divorce.

While a divorce decree might be considered final under the law, that does not mean its terms are permanent. With approval from the court, it may be possible to modify the terms of a divorce decree if circumstances change to the point of rendering any of the divorce terms obsolete.

It is possible to obtain a Texas divorce decree on your own without the need for legal counsel. Many couples in Texas complete the divorce process on their own using our online forms. If you are ready to do it yourself, download our forms and get started today.