General Information - Divorce - Guides At Texas State Law Library

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1. Home
2. Guides
3. Divorce

Divorce Information about divorce in Texas with and without children. Search this Guide Search View all pages in this guide

Note The library cannot tell you what the law means for your situation.

General Information

Important Terms Filing for Divorce without an Attorney E-Books Who can I contact?

Important Terms

Below are a list of legal words and phrases commonly used in the divorce process.

• Agreed Divorce This attorney blog post by Terry & Roberts explains that an agreed divorce or "divorce by agreement" means both parties "agree on all divorce-related issues" and are both willing to end the marriage. It also explains who qualifies for an agreed divorce.
• Community Property (Nolo) 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.

Understanding the Law

• FAQs: Filing a Divorce without Children This FAQ page from TexasLawHelp.org 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

Texas residents can access library e-books with a free library account.

• Family Law e-books in our Digital Collection

• Texas family law practice and procedure
  • 
  This multivolume set 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
  • 
  This six-volume set from the State Bar of Texas contains many commonly used family law forms.
• Texas family law practice manual : forms
  • 
  This volume from the State Bar of Texas is a companion to the Practice Notes. It contains form templates and drafting guides for many common family law actions.
• Divorce after 50 : your guide to the unique legal & financial challenges 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 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 Information and guidance about the divorce process and steps of working with lawyers or mediators.

Who can I contact?

State agencies are unable to offer legal advice to the public. If you need help, consider speaking to a lawyer.

• 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.

Note The library cannot tell you what the law means for your situation.

• Next: Filing for Divorce >>

• Last Updated: Feb 2, 2026 1:59 PM
• URL: https://guides.sll.texas.gov/divorce
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Librarian Login Report a problem Subjects: Family Law, Marriage & Divorce Tags: alimony, divorce, spousal maintenance