Texas DivorcePacket

Texas · Case Details

Property, the House, and Support in a Texas Divorce

Property and support decisions need to appear in the Texas divorce papers that apply to your case. Real property changes the no-child packet, retirement division can require a plan-specific order, and children add possession and support documents.

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Key Facts

  • Set D is the no-minor-child route when real property is involved.
  • The decree must record the property division and divest or vest title.
  • A QDRO is plan-specific and is not a standard TexasLawHelp download.
  • Set B requires a possession order and child and medical-support terms.

Match the Packet to Real Property

The Texas materials distinguish Set A for a case without minor children or real property, Set D for a case without minor children but with real property, and Set B for a case with children.

A house or other real property therefore affects the no-child packet selection. The Original Petition for Divorce uses the applicable FM-DivA-100 or FM-DivD-100 variant. The no-child decree uses FM-DivA-201 or FM-DivD-201.

The Original Petition guide explains the opening document. Select the packet for the actual circumstances before completing it, then keep that selection consistent through the decree.

Put the Property Division in the Decree

The Final Decree of Divorce records the full property division. The Texas notes specify that the decree must actually divest or vest title, rather than merely reference an agreement.

The Final Decree guide explains the form variants and finalization. Review the proposed property terms in the decree itself. An agreement discussed outside the document is not a substitute for reviewing what the proposed order says.

Keep the property and debt decisions with your working papers so you can compare them with the final draft. If a term remains disputed or you do not understand the proposed wording, get appropriate individual advice before presenting the case as fully agreed.

Review the House With the Applicable Decree

For a no-minor-child case involving real property, use the Set D instructions and decree variant. Review the property language together with the rest of the packet.

The agreed-divorce guide covers the decisions the spouses need to settle. Document preparation records those decisions. It does not resolve a disagreement about the house or choose terms for either spouse.

Cases with children use the Set B packet, so real property is not the only circumstance to consider. Check the complete packet selection before treating a downloaded decree as ready for signing.

Check Retirement Interests and Companion Orders

The Texas catalog identifies a Qualified Domestic Relations Order, or QDRO, as plan-specific. It is not a standard TexasLawHelp download. If a retirement division calls for one, the basic decree does not make the plan’s separate requirements disappear.

Identify the plan and the retirement interest before assuming that a generic form is sufficient. Keep relevant plan information with the proposed property terms. Ask what additional drafting or review is needed for that particular plan.

Use the Packet Guide to distinguish a companion order from a general packet form. The directory explains document roles, but it cannot supply a universal QDRO for every retirement arrangement.

Keep Child-Support Documents Together

The Set B decree requires a completed possession order, FM-Chil-306, and child and medical-support terms. The catalog also includes the Income Withholding Order for Support, FM-IW-200, and the Record of Support Order, Form 1828A.

The children guide explains how that packet expands. The withholding order is entered with a support order and may be suspended for direct payment by agreement through a decree clause, as described in the Texas data.

Keep the support terms and companion documents together when reviewing the packet. They have distinct roles and do not replace the property provisions in the decree. Do not use a no-child form simply because the financial terms are agreed.

Turn the Inventory Into a Complete Decree

Compare the asset and debt list with the proposed decree. Check whether each agreed decision appears in the document, whether a property-specific attachment or order is needed, and whether the terms are consistent with the rest of the packet.

Do not leave a disputed house, retirement, or support issue blank while describing the case as fully agreed. Mediation or individual legal help addresses unresolved terms. Document preparation comes after the relevant decisions are ready to record.

Keep the final order and any companion orders together after signature. Use the signed record for later administrative steps, rather than a draft or an informal summary of the agreement. If implementation raises a question, seek help with that specific term.

Common Questions

Which packet applies when we have a house but no minor children?

The Texas materials identify Set D for a no-minor-child case with real property. That uses the applicable petition and decree variants, including FM-DivD-201 for the decree. Read the Set D instructions and keep the packet selection consistent from the opening papers to the final order.

Can the decree simply refer to our property agreement?

The Texas notes say the decree must record the full property division and actually divest or vest title, rather than just refer to an agreement. Review the proposed decree itself. If you do not understand the property language, get individual advice before asking the judge to sign it.

Is there a standard QDRO to download?

No. The catalog describes the QDRO as plan-specific and says TexasLawHelp does not provide one. It is relevant to retirement-account or pension division, rather than every Texas divorce. Do not assume that downloading the basic packet completes a retirement division that needs an additional order.

What support documents are in the children packet?

The Set B decree includes child and medical-support terms and a completed possession-order attachment. The catalog also lists the Income Withholding Order for Support and the Record of Support Order. Review the applicable instructions to understand their roles alongside the decree.

Does agreement remove the final court step?

No. The decree is the order the judge signs. The ordinary waiting period is 60 days from filing, with narrow family-violence exceptions. Finalization uses the court’s prove-up process, with an affidavit accepted only where the court allows that route. Confirm the current practice with the district clerk.

Official Sources and Instructions

Use current forms and confirm local filing requirements, fees, and finalization practices with the district clerk.