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Domestic Relations Office

What Forms Do I Need For a Divorce?
If you are contemplating filing for a divorce, it is important that you know exactly which forms are required in the divorce procedure. This flyer is intended to inform you of the correct name of the forms and to provide a brief description of the various family law forms you will come across when filing for a divorce. Family law forms are available in the El Paso County Law Library. You can find most of the forms listed below in a set of books called the Family Law Practice Manual. The forms in the practice manual are put out by the State Bar of Texas. You will find that the information in this flyer is useful, whether you decide to prepare your own divorce or seek professional help by hiring an attorney. The Family Law Information Center (FLIC) strongly suggests that some time during the divorce process you consult with an attorney even if you cannot afford to hire one to handle your entire divorce for you.
What forms do I need for a divorce?
A. Original Petition for Divorce
This is the first document you file with the court if you want to get a divorce.
B. Case Screening Instrument
This document must be filed along with your divorce petition. Blank forms are available at the District Clerk's office or on the web at www.col.el.paso.tx.us.388dc/ but these are local forms, so they are not in the Family Law Practice Manual.
C. Waiver of Citation
This is the document the Respondent signs if he or she does not want to be served with service of citation and he or she is in agreement for the Petitioner to proceed without further notice to the Respondent. A waiver of citation is only valid if it is notarized and signed after the divorce has been filed.
D. Statement Concerning Alternative Dispute Resolution (ADR)
This statement must be signed and attached to the original petition.
E. Temporary Restraining Order (TRO)
A TRO must be requested in writing, usually in the Original Petition for Divorce. The TRO itself, however, is a separate document. It is intended to protect the rights of the parties and the children until a court can have a hearing. A TRO generally orders the Respondent not to do certain things, such as take the children out of the court's jurisdiction, exclude the petitioner from the marital home, or damage or conceal property.
F. Request for Temporary Orders
If you want the court to make orders for child custody, child support, visitation, or use of property while the divorce is pending, you need to ask for temporary orders. You can ask for temporary orders in the original petition for divorce or in a separate document called a Motion for Temporary Orders. This request must be done in writing.
G. Temporary Orders
If the court makes orders while the divorce is still pending, they are called temporary orders. A court may make temporary orders for: custody of a child, visitation, child support, use of property (such as the parties' home or cars), payment of debts, and alimony, as well as many other things. Temporary Orders may be changed from time to time until the case is concluded.
H. Inventory and Appraisement Form
A court may require both parties to submit this form, which lists all of their property and debts.
I. Financial Statement
A court may require both parties to submit this form, listing all of their income and monthly expenses. This form may also be available directly from the court.
J. Decree of Divorce
This is the court order that grants a divorce and brings the case to an end. Under Texas law a good divorce decree can be very long and complicated.
K. Withholding Order
This order tells the employer of the person that owes child support to take the child support directly out of the employee's check. The Domestic Relations Office (DRO)can prepare a Withholding Order for a fee of $30.
L. Child Support Notification Form
This form is available from the Domestic Relations Office. It MUST be filled out and provided to the court along with any order for child support, including divorce decrees that order a parent to maintain health insurance for a child.
M. Power of Attorney to Transfer Motor Vehicle
This document is used to allow one party to sell or trade in a vehicle when the other party's name is on the title.
N. Special Warranty Deed
This document is generally used when one's spouse gives his or her interest in real estate to the other spouse. If you have an interest in real estate it is especially important that you consult with an attorney before you finalize your divorce.
O. Operating Trust Agreement for Jointly owned Property
If both parties will continue to own property together after a divorce, they may wish to make an agreement regarding how to manage that property. Again, if you have an interest in property it is especially important that you consult with an attorney before you finalize your
P. Qualified Domestic Relations Order (QDRO)
Federal law requires a QDRO in order to divide many pension and retirement benefits. This document is extremely complicated and must be prepared by a professional.
Q. Request for Issuance of Withholding Order
If you already have a Withholding Order, and you need it sent to an employer, go to the El Paso County Domestic Relations Office and complete this form.
If you do choose to handle your case yourself or even if you would just like more information about Family Law issues, the Family Law Information Center offers classes on topics such as divorce, child support, child custody and visitation. For more information on these classes, you may contact us at: (915) 834-8203 or (915) 834-8200 extension 4039.