What Forms Do I Need to File for Divorce?
A divorce filing only requires one document (a petition for divorce). A complete DIY divorce, which may be an option if the couple has no children, joint assets, or joint debts, usually requires two additional forms (a waiver of citation and an order). More on these things below.
All divorces involve substantial emotional turmoil. It is hard for people to think about legal matters, and especially procedural matters, while they deal with these feelings. So, a partnership with a Fort Worth family law attorney is always a good idea, even if the divorce appears “simple” and “uncontested.”
Documents Necessary For Divorce
Let’s assume the matter is a typical absentee spouse divorce. One spouse moves out and, while s/he still communicates with the other spouse, s/he no longer wants to continue the marriage. If your situation does not fit these facts, or there is any drama whatsoever, such as a verbal argument, do not even try to do a DIY divorce. Partner with a Fort Worth family law attorney.
Fill-in-the-blank divorce petitions are usually available online. The petitioner (filing party) must include information like the other spouse’s name and address. At least one spouse must meet the six-month residency requirement.
Follow the website’s instructions to file the petition. Then, mail a copy of the petition, a waiver of citation, and a proposed order to the other spouse.
A waiver of citation eliminates the need to serve the other party with papers. Pay close attention to some of the language in the waiver to understand what rights the respondent (non-filing party) is giving up.
- “I waive issuance and service of citation” means giving up the right to receive official notice of the action, and that’s it.
- “I agree this case may be taken up without further notice to me” means the other party can finalize the divorce at any time s/he pleases and with any terms s/he pleases, subject to judicial approval.
- “I enter my appearance for all purposes” is a rather vague phrase, which could mean waiving notice and could mean complete agreement to all terms of divorce.
Petitioners usually want the broadest language (the second bullet point), and respondents usually want the narrowest language (first bullet point).
A proposed order in a no-children, no-property divorce should include little more than a declaration that the parties are no longer legally married. Sometimes, female spouses want language to restore their maiden names. If the respondent (non filing party) agrees with the terms of the proposed order, s/he signs it. That signature does not have to be notarized and is unnecessary in a broad waiver case.
Quick DIY Divorce Procedure
After the 60-day waiting period expires, contact the court to schedule a hearing date. Don’t let this step, or any other procedural matter, intimidate you. Most clerks and judges are patient with DIY filers who are not exactly sure what they are doing, at least to a degree.
Before the court date, gather the documents needed and download a prove-up script, so you know what to tell the judge.
When you get to court, officially file the signed and Notarized waiver. Then, go to the courtroom and wait quietly until the judge calls your name. It’s okay to ask a friend to come with you for moral support, but your friend cannot approach the bench.
At the bench, read the script and wait for the judge to dismiss you. Then, go to the clerk’s office, and they’ll take care of the rest.
Connect with a Dedicated Tarrant County Attorney
Most DIY divorce petitioners only need three documents. For a confidential consultation with an experienced family law attorney in Fort Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or visiting us online now. Virtual, home, and after-hours visits are available.