Free Texas Divorce Agreement: Complete Legal Template
Terms for dissolution of marriage
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MARITAL SETTLEMENT AGREEMENT (DIVORCE) State of Texas This Agreement is entered into on [DATE] between: PETITIONER: Name: [PETITIONER NAME] Address: [ADDRESS], TX [ZIP] RESPONDENT: Name: [RESPONDENT NAME] Address: [ADDRESS], TX [ZIP] Date of Marriage: [DATE] Place of Marriage: [LOCATION] 1. GROUNDS: [ ] No-fault/Irreconcilable differences [ ] Other: [SPECIFY] 2. PROPERTY DIVISION: Petitioner receives: [LIST ASSETS] Respondent receives: [LIST ASSETS] Jointly held property: [DESCRIBE DIVISION] 3. DEBTS: Petitioner assumes: [LIST DEBTS] Respondent assumes: [LIST DEBTS] 4. SPOUSAL SUPPORT: [ ] No spousal support [ ] [PAYOR] pays $[AMOUNT] per month for [DURATION] 5. CHILD CUSTODY (if applicable): [ ] Joint legal custody [ ] Sole custody to [PARENT] Primary residence: [PARENT] Visitation schedule: [DESCRIBE] 6. CHILD SUPPORT (if applicable): [PAYOR] pays $[AMOUNT] per month per Texas child support guidelines. This agreement is governed by Texas family law (TX Statutes). PETITIONER: _____________________ DATE: _____ RESPONDENT: _____________________ DATE: _____
FAQ: Divorce Agreement in Texas
Is a Divorce Agreement required in Texas?
Yes, in Texas, a Divorce Agreement is required for most transactions of this type. Under Texas Family Code § 7, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Divorce Agreement may result in legal complications.
Does a Divorce Agreement need to be notarized in Texas?
Notarization requirements in Texas (TX) vary by transaction type. Notary fees in the state typically range from $6-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Divorce Agreement in Texas?
Texas has a base sales tax rate of 6.25%. Depending on the type of transaction documented in your Divorce Agreement, additional local taxes may apply. Consult with a Texas tax professional for specific guidance on your situation.
Do both spouses have to agree to a divorce?
No, all US states allow no-fault divorce, meaning one spouse can file without the other's consent. However, an uncontested divorce (where both agree on terms) is faster, cheaper, and less stressful than a contested divorce.
How is property divided in a divorce?
Property division depends on your state. Community property states (like California and Texas) split marital assets 50/50. Equitable distribution states divide assets fairly but not necessarily equally, considering factors like income, duration of marriage, and contributions.
Can we write our own divorce agreement?
Yes, spouses can draft their own marital settlement agreement covering property division, spousal support, and child custody. The court must approve it to ensure it's fair and meets state requirements, especially regarding children.
Divorce Agreement Costs in Texas
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | Texas standard rate: $6-$10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in Texas |
| Sales Tax | 6.25% | Texas base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
Where to File Your Divorce Agreement in Texas
Visit your local County Clerk office to file or notarize your Divorce Agreement.
Harris County Clerk
Houston
201 Caroline St, Houston, TX 77002
Dallas County Clerk
Dallas
509 Main St, Dallas, TX 75202
Bexar County Clerk
San Antonio
100 Dolorosa, San Antonio, TX 78205
Travis County Clerk
Austin
5501 Airport Blvd, Austin, TX 78751
Texas Divorce Agreement Legal Guide
For residents of Texas, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.
Pursuant to Texas Family Code § 7 in Texas, this Divorce Agreement must meet specific criteria. The applicable sales tax is 6.25%. Notarization, which costs $6-$10 in TX, is strongly recommended. 1 witness is needed.
Ensure your transaction is legally sound in Texas with this expertly crafted, state-compliant template.
What Texas Attorneys Want You to Know
Practicing lawyers in Texas emphasize three things: accuracy, completeness, and compliance with TX statutes. A well-prepared Divorce Agreement saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a Texas-licensed attorney is worth the investment.
How Texas Courts View This Document
Texas courts apply TX statutory standards when evaluating a Divorce Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
Step-by-Step Process
1. **Download the template** — Our Texas-specific form includes all fields required by TX law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to Texas's signature requirements.
5. **Notarize if needed** — Some Texas transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate Texas office if required.
Meeting Texas's Legal Threshold
For your Divorce Agreement to hold up in a Texas court, it must satisfy the state's statutory requirements. TX law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
Texas courts apply TX statutory standards when evaluating a Divorce Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
Step-by-Step Process
1. **Download the template** — Our Texas-specific form includes all fields required by TX law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to Texas's signature requirements.
5. **Notarize if needed** — Some Texas transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate Texas office if required.
Meeting Texas's Legal Threshold
For your Divorce Agreement to hold up in a Texas court, it must satisfy the state's statutory requirements. TX law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
For your Divorce Agreement to hold up in a Texas court, it must satisfy the state's statutory requirements. TX law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
Jennifer Rodriguez, J.D.
Estate Planning Attorney
Licensed in 5 states, 12+ years experience
Focuses on wills, trusts, and power of attorney documents
This Divorce Agreement template for Texas has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Texas Divorce Agreement Requirements
Review the following requirements to ensure your Divorce Agreement is legally valid in Texas.
Texas Notarization
While notarization may not be required in Texas, it is recommended. Fees range from $6-$10.
Before You Sign
Review all information carefully. In Texas, a 6.25% sales tax may apply.
Legal Protection
Keep copies of all signed documents. Texas law requires all parties to receive copies of executed documents.
Texas Filing Deadlines
Check Texas deadlines for filing or recording this document with the appropriate county clerk's office.
Other Forms in Texas
Divorce Agreement in Neighboring States
Document Information
- Document
- Divorce Agreement
- State
- Texas (TX)
- Category
- Family
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 6.25%
- Notary Fee
- $6-$10
Texas Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in Texas may change. Consult a licensed attorney for advice specific to your situation.