The Texas Original Petition for Divorce is the lawsuit document a spouse files with a Texas district court to legally end a marriage, asking the judge to grant a divorce and decide property, debt, and any child-related issues. It is filed by the spouse who starts the case, called the Petitioner, in the district clerk’s office of the county where either spouse has lived for at least 90 days, after at least one spouse has lived in Texas for at least six months under Texas Family Code Section 6.301.
A wrong county, a missing residency statement, or a skipped child-related section can get the petition rejected by the clerk or dismissed by the judge, costing weeks and the filing fee. Texas courts processed roughly 75,000 divorce filings in the most recent reporting year tracked by the Office of Court Administration annual report, and self-represented filers account for a large share of rejections tied to the petition itself.
Here is what you will learn in this guide:
- 📝 How to fill out every box on the statewide Original Petition for Divorce SET-A and SET-B line by line
- ⚖️ Which Texas Family Code statutes drive each section and what happens if you ignore them
- 👨👩👧 How to handle children, custody, possession, and child support inside the petition
- 💵 What to file, what to pay, and how to ask the court to waive fees with a Statement of Inability to Afford Payment
- 🧭 How to e-file through eFileTexas.gov, file in person, or file by mail, with proof you keep for your records
What the Form Is and Who Must File It
The Original Petition for Divorce is the formal complaint that opens a Texas divorce suit. It tells the court who is asking for the divorce, who the other spouse is, where the parties live, when they married, when they separated, why the marriage should end, and what the Petitioner wants the judge to order. The court cannot grant a divorce without a properly filed and served petition, because Texas Rule of Civil Procedure 22 requires every civil suit to begin with a written petition.
Two statewide versions exist on TexasLawHelp.org, maintained by the Texas Legal Services Center. SET-A is for divorces with no minor children of the marriage and no real property. SET-B is for divorces with minor children, and it includes Suit Affecting the Parent-Child Relationship (SAPCR) sections for conservatorship, possession, and child support under Texas Family Code Chapter 105.
Anyone who meets the residency rule and wants to end a Texas marriage must file this petition. That includes spouses in long marriages, short marriages, common-law (informal) marriages declared under Texas Family Code Section 2.401, military spouses stationed in Texas, and spouses seeking a fault-based divorce on grounds like cruelty or adultery. The receiving agency is the district clerk of the county where venue lies, and the deciding body is the district court (or, in a few counties, a county court at law with family jurisdiction). Filing the wrong version (SET-A when there are children) is a common rejection trigger because the clerk’s intake review checks for required SAPCR language.
A misconception worth correcting: the petition does not “grant” the divorce. It only opens the case. The judge grants the divorce later by signing a Final Decree of Divorce, and only after the 60-day waiting period in Texas Family Code Section 6.702 has run from the date the petition was filed.
Before You Start: Documents and Information You Need
Filing without the right documents on the desk is the single most common reason pro se petitions get rewritten three or four times. Gather these items first so each box on the form has a real, verifiable answer.
- Government photo ID for both spouses. You need exact legal names as they appear on a driver’s license or passport, because the court matches names against vital statistics records, and a typo can block the Bureau of Vital Statistics VS-165 report.
- Marriage certificate or marriage date. The petition asks for the date of marriage and the date of separation, both of which drive property characterization under Texas Family Code Section 3.001.
- Current addresses of both spouses. Venue under Texas Family Code Section 6.301 depends on residency, and service of process depends on a deliverable address.
- Children’s full legal names, dates of birth, and the last five years of their addresses. This data feeds the UCCJEA affidavit required by Texas Family Code Section 152.209 when minor children are involved.
- Social Security numbers and driver’s license numbers for both spouses and any children. These go on the confidential information sheet, not the public petition.
- List of community property and separate property. Houses, vehicles, retirement accounts, bank accounts, and debts must be described well enough for the judge to divide them.
- Filing fee or a completed Statement of Inability to Afford Payment of Court Costs. Fees run roughly $300 to $350 depending on county.
- Civil Case Information Sheet required by the Texas Office of Court Administration, which the clerk uses to assign a case category.
- Any protective orders, prior divorce decrees, or paternity orders that affect this case.
If any item is missing, the clerk will still file the petition in many counties, but the judge will not sign a final decree until the gaps are closed.
Where to Get the Form and How to Access It
The most reliable free source is TexasLawHelp.org’s divorce toolkit, which hosts the SET-A and SET-B packets approved for statewide use. These forms carry a revision date in the lower corner, and you should confirm the revision is the latest before filing because counties reject outdated stock.
The State Bar of Texas’s Texas Family Law Practice Manual sells attorney-grade templates, used by most family lawyers. Some district clerks, like Harris County District Clerk and Travis County District Clerk, publish county-specific cover sheets that must accompany the statewide petition.
You can fill out the petition three ways. You can type into the fillable PDF, you can use the TexasLawHelp guided interview which builds the petition from your answers, or you can print it blank and write in black ink. Typed petitions are preferred by clerks because handwritten filings are more often rejected for legibility.
If you use a county-specific form (some courts in Dallas, Bexar, and Tarrant maintain local versions), confirm with the district clerk’s office that the local form is accepted, because some judges require the statewide template instead.
Step-by-Step: How to Fill Out the Texas Original Petition for Divorce Line by Line
The petition is divided into numbered sections. Each section below is one H3 walkthrough. Use the field labels and box numbers exactly as printed on the statewide SET-B petition PDF, since judges read the document by those labels.
1. Caption: Court, County, and Cause Number
The caption is the top block of the first page. It tells the clerk which court will hear the case and gives the case its docket identity.
Write the county name on the line that reads “In the District Court of ____ County, Texas.” Leave the Cause No. line blank because the clerk assigns the cause number when you file. Write the Petitioner’s full legal name on the “In the Matter of the Marriage of” line, then the Respondent’s full legal name below it. If children are part of the case, write “And in the Interest of [child’s name], a Child” under the spouses’ names.
Example: Janet Marie Rivera files in Travis County. She writes Travis on the county line, leaves Cause No. blank, types Janet Marie Rivera and Carlos Daniel Rivera in the matter-of-marriage block, and adds And in the Interest of Sofia Rivera, a Child.
A common edge case: if you live in one county and your spouse lives in another, file in the county where the residency rule is satisfied first. The common mistake is filing in the wrong county, which lets the Respondent file a motion to transfer venue and delay the case 30 to 60 days. A misconception is that the caption can be edited later by the petitioner alone, but once filed, the caption changes only by amended petition.
2. Discovery Level
Right under the caption, the form asks you to designate Discovery Level 2 under Texas Rule of Civil Procedure 190. Check the Level 2 box unless you have a lawyer choosing otherwise.
Discovery level controls how much information each side can demand from the other. Level 2 is the standard family-law track. Janet checks the Level 2 box.
If you check Level 1 (used for cases under $250,000 with no other relief), you may limit your own ability to subpoena retirement records or bank statements. The most common mistake is leaving this box blank, which forces the clerk to send the petition back for correction. The misconception is that this box is optional; it is not, because Rule 190.1 requires every petition to plead a discovery level.
3. Petitioner Information
This section asks for the Petitioner’s name, last three digits of the driver’s license, last three digits of the Social Security number, and current county of residence. Full SSNs and DLNs go on the confidential information sheet, not the petition.
Write your name as it appears on your government ID. Use the format FIRST MIDDLE LAST. Write only the last three digits of the SSN and DL.
Example: Carlos Daniel Rivera writes Carlos Daniel Rivera, DL last 3: 482, SSN last 3: 119, Travis County.
If you are fleeing domestic violence, you may ask the court to use a substitute address under Texas Family Code Section 6.411. The common mistake is writing the full SSN on the petition, which is a public record violation under Texas Rule of Civil Procedure 21c, and the consequence is the clerk redacts the document at your cost. The misconception is that you must list a home address; you may list any county of residence and use a mailing address for service.
4. Respondent Information
Same fields, but for your spouse. Use the legal name from the marriage certificate, not a nickname.
Include the Respondent’s mailing address so the constable, sheriff, or private process server can serve the citation. If the Respondent will sign a Waiver of Service under Texas Family Code Section 6.4035, you still list the address.
Example: Maria Lopez-Rivera, 1422 Bluebonnet Lane, Austin, TX 78745.
If you do not know your spouse’s address, you may plead “whereabouts unknown” and request service by publication under Rule 109. The common mistake is using a workplace address without the employer’s consent, which gets service quashed. The misconception is that an email address counts as service; in Texas divorce, it does not, except for limited substituted service ordered by the judge.
5. Domicile and Residency
This is the section that proves the Texas court has power to hear the case. The form has two sentences to check or fill: one swears the Petitioner has lived in Texas for at least the preceding six-month period, and one swears the Petitioner has lived in the county for the preceding 90-day period, satisfying Texas Family Code Section 6.301.
Mark the box that fits, and fill in the dates. If your spouse meets residency but you do not, mark the second option that the Respondent meets the residency rule.
Example: Petitioner has been a domiciliary of Texas for the preceding 6-month period and a resident of Travis County for the preceding 90-day period.
Military members deployed out of state still count as Texas domiciliaries under Section 6.303. The common mistake is filing on day 89 of county residency, and the consequence is dismissal for lack of jurisdiction. The misconception is that a Texas driver’s license alone proves residency; the statute requires actual physical residence.
6. Date of Marriage and Date of Separation
Write the marriage date in the format printed on the form (commonly Month Day, Year). Write the date you and your spouse stopped living together as spouses.
These two dates control property characterization, because everything earned between them is presumed community property under Texas Family Code Section 3.002.
Example: Janet writes Date of Marriage: June 14, 2003 and Date of Separation: March 2, 2026.
For an informal (common-law) marriage, write the date the parties agreed to be married, lived together, and held themselves out as spouses. The common mistake is using the date you moved out instead of the date you stopped acting as spouses, which can change which paychecks count as community. The misconception is that separation ends community property accumulation; it does not, because community accrues until the date of divorce.
7. Grounds for Divorce
Texas allows insupportability (no-fault) under Section 6.001 and six fault grounds: cruelty, adultery, conviction of a felony, abandonment, living apart for at least three years, and confinement in a mental hospital. Check the boxes that apply.
Most filers check only insupportability. Pleading fault grounds can affect property division and spousal maintenance, but it requires proof at trial.
Example: Petitioner pleads insupportability under Section 6.001 of the Texas Family Code.
If domestic violence is part of the case, also check cruelty to preserve your right to a disproportionate share of the estate. The common mistake is checking adultery without evidence, which a judge can strike on the Respondent’s special exception. The misconception is that fault grounds speed up the divorce; they almost always slow it down because the Respondent will contest them.
8. Protective Orders
The form asks whether any protective orders are in effect. Check yes or no, and attach a copy if yes, in line with Texas Family Code Section 85.042.
This is a public-safety question that affects how the court schedules hearings and orders service.
Example: Aisha Brown, fleeing abuse, checks Yes, attaches her Travis County protective order, and lists the case number.
If a protective order is pending but not yet signed, write Pending. The common mistake is hiding a protective order to avoid a court fight, and the consequence is the order may still bind the divorce judge under Section 85.062. The misconception is that a protective order automatically grants custody; it does not, but it creates a rebuttable presumption against the abuser.
9. Children of the Marriage (SET-B Only)
For each child under 18 (or still in high school), write the full legal name, date of birth, sex, and county of residence. List children born or adopted during the marriage, and any unborn child if the wife is pregnant.
This section feeds the UCCJEA affidavit under Texas Family Code Section 152.209, which lists the child’s last five years of addresses and caretakers.
Example: Sofia Rivera, female, DOB 04/11/2014, Travis County, Texas.
If the wife is pregnant, write Petitioner is pregnant; child due [date]. The common mistake is leaving out a stepchild that has been adopted, and the consequence is the decree fails to address the adopted child, requiring a later SAPCR. The misconception is that adult children belong here; they do not, unless they are disabled and need ongoing support under Section 154.302.
10. Conservatorship, Possession, and Access (SET-B Only)
This is the SAPCR portion. The form asks you to request Joint Managing Conservators, Sole Managing Conservator, or another arrangement under Chapter 153 of the Texas Family Code. It also asks which parent will have the exclusive right to designate the child’s primary residence and within what geographic area.
Check the box that fits, and write the geographic restriction (often the county and contiguous counties).
Example: Joint Managing Conservators; Petitioner has the exclusive right to designate the child’s primary residence within Travis County and contiguous counties.
A standard possession order (SPO) under Section 153.252 is the default for children three and older. The common mistake is asking for sole managing conservatorship without a factual basis like family violence, and the judge will deny it. The misconception is that “joint” means 50/50 time; it means shared decision-making, not equal possession.
11. Child Support and Medical Support (SET-B Only)
The petition asks the court to order child support, medical support, and dental support under Texas Family Code Chapter 154. You usually plead for support in line with the statutory guidelines.
Write the obligor parent (the one who will pay), and request guideline support, medical insurance through the obligor’s employer, and dental coverage.
Example: Petitioner requests Respondent be ordered to pay guideline child support, provide health insurance, and provide dental insurance for the child.
Guideline support is 20% of the obligor’s net resources for one child, capped at the statutory maximum updated by the Texas Attorney General. The common mistake is asking for a flat dollar amount without a wage statement, which the judge will reset to guideline. The misconception is that child support ends at separation; it begins at the temporary orders hearing or final decree.
12. Property Division
State that there is community property to be divided, and request a just and right division under Texas Family Code Section 7.001. If you have separate property, plead it separately and ask the court to confirm it as separate.
You do not list every asset by item in the petition itself; you describe categories (real estate, vehicles, retirement, bank accounts, debts) and reserve detailed disclosure for the inventory.
Example: Petitioner asks the Court to divide the parties’ community estate in a manner the Court deems just and right, and to confirm Petitioner’s separate property.
If you have a premarital agreement, plead it and attach a copy. The common mistake is pleading “50/50” when fault grounds support a disproportionate share, and the consequence is you cap your own recovery. The misconception is that property division is automatic; the judge divides only what is properly pleaded and proved.
13. Spousal Maintenance
If you qualify under Texas Family Code Chapter 8, check the spousal maintenance box and state the basis (10-year marriage with inability to earn enough, family violence within two years of filing, or disability).
Texas courts award maintenance sparingly, with caps on amount and duration.
Example: Janet, married 22 years and unable to earn enough to meet minimum reasonable needs, checks Spousal Maintenance and pleads Section 8.051(2)(B).
A common edge case is a marriage of less than 10 years where the Respondent committed family violence; that still qualifies under Section 8.051(1). The common mistake is pleading “alimony” instead of “spousal maintenance,” and the consequence is the court treats the request as contractual alimony only by agreement. The misconception is that maintenance is permanent; the cap is generally five, seven, or ten years.
14. Name Change
Either spouse can ask to restore a former name in the petition, under Texas Family Code Section 6.706. Write the exact prior legal name you want restored.
Example: Petitioner requests her former name, Janet Marie Henderson, be restored.
You cannot use the divorce to change to a brand-new name; the statute restores only a former name. The common mistake is requesting a name change for a child here, which requires a separate suit. The misconception is that a name change happens automatically; you must plead it and the decree must order it.
15. Prayer for Relief
The prayer is the wrap-up paragraph. It asks the court to grant the divorce and all the relief pleaded above. The form provides standard language; sign and date below it.
Example: Petitioner prays the Court grant this Petition, divide the estate, enter orders for the child, and grant general relief.
The common mistake is leaving the prayer blank because the rest of the form is already filled in, and the consequence is the judge cannot grant relief that was not asked for. The misconception is that “general relief” covers everything; specific relief must be specifically pleaded.
16. Verification and Signature
The form ends with the Petitioner’s signature line, printed name, address, phone, and email. SET-B requires the SAPCR sections to be verified (signed under oath before a notary) under Texas Family Code Section 102.008.
Sign in front of a notary, and have the notary complete the jurat. For SET-A, a simple signature is enough.
Example: Janet Marie Rivera, /s/ Janet Marie Rivera, sworn before notary on March 5, 2026.
The common mistake is signing without a notary on a SET-B petition, and the consequence is the clerk rejects the filing. The misconception is that an electronic signature does not need notarization; in Texas, an online notary authorized by the Secretary of State satisfies the requirement.
Three Filled-Out Examples Using Real Scenarios
Scenario 1 — Short Marriage, No Kids, No Property (Aisha Brown)
| Form Section | What Aisha Enters |
|---|---|
| Caption | In the District Court of Bexar County, Texas; In the Matter of the Marriage of Aisha Brown and David Brown |
| Discovery Level | Level 2 |
| Petitioner Info | Aisha Brown, Bexar County, DL last 3: 221, SSN last 3: 884 |
| Respondent Info | David Brown, 711 Pecan St., San Antonio, TX 78205 |
| Residency | 6 months Texas, 90 days Bexar County |
| Dates | Married Aug. 9, 2024; Separated Jan. 4, 2026 |
| Grounds | Insupportability |
| Property | No community property to divide |
| Name Change | Restore name Aisha Marie Carter |
| Signature | Signed and notarized March 1, 2026 |
Scenario 2 — Long Marriage with House, Retirement, Adult Children (Janet Rivera)
| Form Section | What Janet Enters |
|---|---|
| Caption | In the District Court of Travis County, Texas; In the Matter of the Marriage of Janet Marie Rivera and Carlos Daniel Rivera |
| Discovery Level | Level 2 |
| Petitioner Info | Janet Marie Rivera, Travis County, DL last 3: 715, SSN last 3: 309 |
| Respondent Info | Carlos Daniel Rivera, 902 Oak Knoll Dr., Austin, TX 78704 |
| Residency | 25 years Texas, 25 years Travis County |
| Dates | Married June 14, 2003; Separated March 2, 2026 |
| Grounds | Insupportability and cruelty |
| Property | Marital home, two retirement accounts, two vehicles; just and right division |
| Spousal Maintenance | Requested under Section 8.051(2)(B) |
| Name Change | Restore Janet Marie Henderson |
| Signature | Signed March 4, 2026 |
Scenario 3 — Marriage With Minor Children, Custody and Support (Marcus Reed)
| Form Section | What Marcus Enters |
|---|---|
| Caption | In the District Court of Harris County, Texas; In the Matter of the Marriage of Marcus Reed and Latoya Reed and in the Interest of Jordan Reed and Kayla Reed, Children |
| Discovery Level | Level 2 |
| Petitioner Info | Marcus Reed, Harris County, DL last 3: 058, SSN last 3: 642 |
| Respondent Info | Latoya Reed, 4133 Magnolia Ln., Houston, TX 77004 |
| Residency | 6 months Texas, 90 days Harris County |
| Children | Jordan Reed, M, 09/12/2015; Kayla Reed, F, 02/22/2018 |
| Conservatorship | Joint Managing Conservators; Petitioner designates primary residence in Harris County and contiguous counties |
| Child Support | Guideline support, medical and dental insurance from Respondent |
| Property | Community estate to be divided just and right |
| Signature | Signed and notarized March 7, 2026 |
How to File the Completed Form
You have three filing channels in Texas, and each has a different process and proof of filing.
Online (e-file). Most Texas district clerks require attorneys to e-file and allow self-represented filers to e-file through eFileTexas.gov. Create a free account, upload the petition as a PDF, choose the case type Family — Divorce No Children or Divorce With Children, pay the filing fee with a credit card or eCheck, and submit. The fee is roughly $300 to $350 depending on the county, plus an electronic filing service fee. Processing time is one to three business days. Your proof of filing is the eFile envelope receipt showing the cause number once accepted.
In person. Take two copies of the petition and the original to the district clerk in the county of filing. The clerk file-stamps both copies, keeps the original, returns one stamped copy to you, and routes the second copy to the assigned court. Pay the fee at the counter by cash, money order, or credit card (cards usually carry a 3% fee). Processing is same-day. Your proof is the file-stamped copy.
By mail. Mail the original petition, a copy, a self-addressed stamped envelope, and a check or money order for the filing fee to the district clerk. Include a cover letter with your phone number. Processing time is five to ten business days. Your proof of filing is the file-stamped copy returned in your envelope. Some counties no longer accept mailed filings, so call the clerk first.
If you cannot afford the fee, file a Statement of Inability to Afford Payment of Court Costs at the same time as the petition. The clerk must accept the petition without payment unless the Respondent contests the statement.
What Happens After You File
Once the clerk accepts the petition, the case has a cause number and is assigned to a court. The next legal step is service of process on the Respondent, governed by Texas Rule of Civil Procedure 106. You either request a citation and have a constable, sheriff, or private process server deliver it, or your spouse signs a Waiver of Service in front of a notary.
The 60-day waiting period under Texas Family Code Section 6.702 starts the day you file. The judge cannot sign the Final Decree of Divorce before day 61, except in cases of family violence. While you wait, you may ask for temporary orders under Section 6.502 addressing custody, child support, who lives in the house, and who pays which bills.
If the Respondent does not answer within the deadline (the Monday after 20 days from service), you may proceed by default. If the Respondent files an answer, you exchange discovery, may attend mediation (often required by local rules), and either settle or set the case for trial. Final relief comes only when the judge signs the decree, after which the clerk records it and the Bureau of Vital Statistics receives the VS-165 report.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. The judge can transfer venue, costing 30 to 60 days.
- Missing the 6-month/90-day residency statement. The court has no jurisdiction without it, and the case can be dismissed.
- Listing full SSNs on the petition. That violates Rule 21c and forces redaction at your cost.
- Using SET-A when the marriage has minor children. The clerk will reject the filing.
- Skipping the discovery-level box. Petition is returned unfiled.
- Pleading fault grounds without proof. Special exceptions strike the pleadings, narrowing your case.
- Forgetting the UCCJEA affidavit on a SAPCR. The court cannot enter conservatorship orders without it.
- Not requesting a name change in the petition. A later motion costs extra time and another filing fee.
- Skipping notarization on SET-B. The clerk will not file a SAPCR petition that lacks a verified pleading.
- Failing to ask for temporary orders early. Bills and custody float until the final decree, often badly for the lower-earning spouse.
- Listing your spouse’s work address for service without consent. Service can be quashed.
- Waiting past day 60 to set a final hearing. Many counties have backlogs of 30 to 90 days for uncontested prove-ups.
Do’s and Don’ts
Do’s
- Do type the petition whenever possible, because typed filings are accepted faster by the clerk.
- Do verify your residency dates against utility bills or a lease, because the judge will ask at the prove-up.
- Do plead alternative grounds (insupportability plus cruelty) when fault is provable, because alternative pleading preserves options.
- Do attach the Civil Case Information Sheet, because the clerk will not accept the filing without it.
- Do keep a file-stamped copy of the petition, because you will need the cause number for every later filing.
- Do ask for temporary orders when bills, custody, or housing are at risk, because those orders bridge the 60-day wait.
Don’ts
- Don’t sign before a notary unless every SAPCR field is filled in, because notarizing a blank section invalidates the verification.
- Don’t use a P.O. box as the only Respondent address, because most servers cannot serve a P.O. box.
- Don’t plead an unsupported amount of child support, because the court will reset it to guideline.
- Don’t include settlement language in the petition, because settlement belongs in a separate Mediated Settlement Agreement under Section 6.602.
- Don’t file in two counties at once, because the second filing will be dismissed and you lose that fee.
- Don’t forget to plead for the Court to confirm separate property, because unconfirmed assets are presumed community.
Pros and Cons of Filing on Your Own vs. With Help
Pros of pro se filing
- Lower cost, because you avoid attorney fees that average $5,000 to $15,000 in Texas contested divorces.
- Faster control, because you set your own pace using TexasLawHelp.org tools.
- Privacy, because fewer people handle your sensitive information.
- Simpler cases work well, especially short marriages with no children and no property.
- Empowerment, because you learn the system you may need again for enforcement.
Cons of pro se filing
- Higher rejection risk, because clerks return petitions for technical errors.
- Property mistakes are permanent, because a final decree is hard to reopen under Section 9.007.
- Custody disputes get complex fast, with conservatorship, possession, and support each requiring specific pleadings.
- No legal advice from the clerk, because clerks may not give legal advice under Government Code Section 81.101.
- Time cost is real, with self-represented filers often spending 30 to 60 hours on a contested case.
Filing Channel Snapshot
| Channel | Key Details |
|---|---|
| eFileTexas.gov | $300–$350 plus eFile fee, 1–3 day acceptance, envelope receipt as proof |
| In person at district clerk | Same-day file stamp, cash/MO/credit, file-stamped copy as proof |
| By mail | 5–10 day turnaround, check/MO only, returned file-stamped copy as proof |
FAQs
How long does a Texas divorce take after filing the petition?
No divorce can be finalized faster than 60 days from filing, except in family-violence cases under Section 6.702. Most uncontested cases finish in 60 to 90 days.
Can I file the Original Petition for Divorce online in Texas?
Yes. You can e-file through eFileTexas.gov, the statewide portal. Self-represented filers create a free account, upload the PDF, and pay the filing fee with a credit card or eCheck.
Do I write my maiden name or married name in the Petitioner box?
Yes, write your current legal name on the Petitioner line, which is the name on your government ID today. You request your maiden name in the name-change section, not the caption.
Do I need to list my full Social Security number on the petition?
No. Use only the last three digits on the petition. Full SSNs go on the confidential information sheet under Rule 21c.
Can I check more than one ground for divorce?
Yes. You may plead insupportability and one or more fault grounds together. You only need to prove one at the final hearing.
What if I don’t know where my spouse lives?
Yes, you can still file. Plead “whereabouts unknown” and ask for service by publication or substituted service under Rule 109.
Do I have to fill out the children’s section if I don’t want custody?
Yes. Every child under 18 must be listed on a SET-B petition, even if you are not asking for primary conservatorship. Leaving them off voids the SAPCR portion.
Can I file without paying the filing fee?
Yes, by filing a Statement of Inability to Afford Payment. The clerk must accept the petition unless the Respondent contests it.
Do I write the date of separation as the date I moved out?
No, unless that is also the date you stopped acting as spouses. The legal date of separation is when the marital relationship ended in fact.
Can I change the petition after I file it?
Yes, by filing an Amended Petition under Texas Rule of Civil Procedure 63. You may amend up to seven days before trial without leave of court.
Does Texas require notarization on the Original Petition?
Yes, for SET-B (with children), because the SAPCR portion must be verified under Section 102.008. SET-A (no children) does not require notarization.
Can both spouses sign one petition together?
No. Texas requires one Petitioner. Your spouse may waive service or file a counter-petition, but only one spouse signs the Original Petition.
Do I need to attach my marriage certificate?
No. The petition pleads the marriage date; you do not attach the certificate to file. You may produce it at the prove-up if the judge asks.
What happens if I list the wrong county for residency?
No court has jurisdiction without proper venue, so the judge can dismiss or transfer the case under Section 6.301, wasting the filing fee.
Related reading
- How to Fill Out Texas Final Decree of Divorce (w/Examples) + FAQs
- How to Fill Out Texas Original Petition for Divorce (With Children) + FAQs
- How to Fill Out Texas Petition – Small Claims (Justice Court) + FAQs
- How to Fill Out Texas Petition to Modify the Parent-Child Relationship + FAQs
- How to Fill Out Texas Respondent’s Original Answer (Divorce) + FAQs
- How to Fill Out Texas Waiver of Service (Divorce) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs