Prepare the Final Decree of Divorce

The Final Decree of Divorce is the court order that officially ends your marriage. This document contains the judge’s findings and orders, and once signed, it becomes your proof that you are divorced.

What is the Final Decree?

The Final Decree of Divorce:

  • Ends your marriage as of the date the judge signs it
  • Restores you to single status - you can remarry
  • May change your name if requested
  • Divides property and debts according to the decree
  • Serves as proof of your divorce for all purposes

When to Prepare

Start preparing your final decree during the 60-day waiting period so it’s ready when you reach day 61. The decree must be prepared before your final hearing.

Required Findings in the Decree

Jurisdictional Findings

The decree must include findings that establish the court’s authority:

Residency:

  • At least one party was a domiciliary of Texas for 6+ months
  • A resident of the filing county for 90+ days preceding the filing

Grounds:

  • The marriage has become insupportable due to discord or conflict
  • No reasonable expectation of reconciliation exists

Waiting Period:

  • At least 60 days have elapsed since filing (excluding the filing date)

Findings About Children and Property

For a simple divorce:

Children:

  • No children were born or adopted during the marriage
  • Neither party is pregnant
  • No children are expected

Property:

  • No real property to be divided
  • No community property to be divided, OR
  • Each party is awarded the property in their possession

Compliance with Service

The decree must show how the Respondent was brought before the court:

  • Waiver filed: Respondent signed a waiver of service
  • Service completed: Respondent was served and did not answer
  • Answer filed: Respondent filed an answer
  • Appearance: Respondent appeared in court

Decree Components

Style and Heading

Same case style as your petition:

CAUSE NO. [YOUR CAUSE NUMBER]

IN THE MATTER OF THE MARRIAGE OF
[PETITIONER'S NAME]
AND
[RESPONDENT'S NAME]

IN THE [COURT NUMBER] DISTRICT COURT
OF [COUNTY] COUNTY, TEXAS

Appearance and Representation

State who appeared and how they were represented:

  • “Petitioner appeared in person and announced ready”
  • “Respondent appeared in person” OR “Respondent, although duly and legally cited, failed to appear”
  • Attorney information if represented

Jury Waiver

State that both parties waive their right to a jury trial.

Findings of the Court

The court finds and orders:

  1. Jurisdiction and venue are proper
  2. All parties are sui juris (legally competent adults)
  3. Residency requirements are met
  4. 60-day waiting period has elapsed
  5. Grounds exist for divorce (insupportability)
  6. No children of the marriage
  7. No pregnancy
  8. Property division as stated (or none to divide)

Orders and Decrees

Divorce Granted: “IT IS ORDERED AND DECREED that the marriage between Petitioner and Respondent is dissolved and they are divorced.”

Restoration of Single Status: “IT IS FURTHER ORDERED that Petitioner and Respondent are restored to the status of single persons and may remarry.”

Name Change (if applicable): “IT IS FURTHER ORDERED that Petitioner’s name is changed from [current name] to [prior name].”

Property Division: “IT IS FURTHER ORDERED that each party is awarded as their sole and separate property all property in their possession as of the date of this decree.”

OR

“IT IS FURTHER ORDERED that the parties have no community property to be divided.”

Debts: “IT IS FURTHER ORDERED that each party shall be responsible for all debts in their own name and shall indemnify and hold the other party harmless therefrom.”

Approval Language (Uncontested)

For an agreed/uncontested divorce, include signature lines showing both parties’ approval:

APPROVED AS TO FORM AND SUBSTANCE:

_________________________________    Date: _______________
[Petitioner's Name], Petitioner

_________________________________    Date: _______________
[Respondent's Name], Respondent

Judge’s Signature

The final signature block for the judge:

SIGNED on ___________________, 20___.

_________________________________
JUDGE PRESIDING

Required Accompanying Documents

Bureau of Vital Statistics (BVS) Form

Texas requires a Vital Statistics Report of Divorce or Annulment (BVS form) to be filed with every divorce decree.

Information required:

  • Both parties’ full names (including maiden names)
  • Dates and places of birth
  • Race/ethnicity
  • Social Security numbers
  • Education levels
  • Number of previous marriages
  • Date and place of this marriage
  • Number of children from this marriage (zero for simple divorce)
  • Cause number and court information

Important: Complete this form carefully—it’s used for state vital statistics records.

Certificate of Last Known Address (Default Cases)

If proceeding by default (Respondent didn’t file an answer), you may need to file a certificate listing Respondent’s last known mailing address.

Military Affidavit (Default Cases)

If Respondent did not appear and you’re proceeding by default, you must file an affidavit regarding their military service status under the Servicemembers Civil Relief Act (SCRA).

This certifies whether Respondent is:

  • In military service
  • Not in military service
  • Unknown (requires additional procedures)

Drafting Your Decree

Match Your Petition

The decree must be consistent with your original petition:

  • Same parties and identifying information
  • Same grounds alleged
  • Same relief requested
  • No new issues not raised in petition

The decree is a court order and must use formal legal language:

  • “IT IS ORDERED AND DECREED”
  • “Finds and orders”
  • “Sole and separate property”
  • “Indemnify and hold harmless”

Be Specific and Clear

Avoid ambiguity:

  • Use full legal names throughout
  • Specify exact property awarded to each party (or state none)
  • Clearly describe any name change
  • Include all required elements

Texas Divorce Express Preparation

When you use our service, we prepare your complete final decree package:

  1. Final Decree of Divorce - Properly formatted with all required findings
  2. BVS Form - Completed based on your information
  3. Supporting forms - Any county-specific or case-specific forms needed
  4. Instructions - What to bring to court, what to say, what signatures are needed

Every document is prepared or reviewed by a Texas-licensed attorney, or a paralegal under the direction of a Texas-licensed attorney.

Signing the Decree

Before the Hearing

If your divorce is uncontested and you’re submitting an agreed decree:

Petitioner signs “Approved as to form and substance” Respondent signs “Approved as to form and substance”

This shows both parties agree to the terms.

At the Hearing

If Respondent is not participating or you’re using a standard decree format:

  • Only the judge signs
  • No party signatures needed on the decree itself

Multiple Copies

Bring multiple copies to your hearing:

  • Original for the judge to sign and file
  • Copies for the judge’s file
  • Copy for yourself
  • Copy for Respondent (if they want one)

Many judges want 2-3 copies, with at least one being an original-quality copy for signing.

Next Steps

With your final decree prepared, you’re ready for the hearing:

Next: Day in Divorce Court Back: Waiting Period

Common Questions

Can I write my own decree?

Technically yes, but it’s not recommended. Decrees must comply with specific legal requirements and omissions can cause problems later. Texas Divorce Express prepares professionally drafted decrees.

What if we want to divide some property?

If you have simple property division (each keeps certain items), this can usually be included in a simple decree. Complex property division may require additional legal services.

Does the decree need to be notarized?

No. The judge’s signature is sufficient. Party signatures (if included for approval) do not need notarization.

How long is the decree?

Simple divorce decrees are typically 3-7 pages, depending on county requirements and specific provisions.

What if I realize there’s an error after the judge signs?

Correcting a signed decree can be complicated. Minor clerical errors can sometimes be corrected with an order nunc pro tunc. Substantive errors may require reopening the case. Review carefully before the hearing.

Can I change the decree terms after it’s signed?

Generally, no. The decree is a final court order. Changes require filing a new case (modification suit), which applies primarily to ongoing issues like child support—not relevant to simple divorces with no children.

This information is for educational purposes and does not constitute legal advice. Every document is prepared or reviewed by a Texas-licensed attorney, or a paralegal under the direction of a Texas-licensed attorney.