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Divorce Set 1: The Texas Supreme Court Forms for No Children, No Real Property

Reviewed by the Amicably document team · Updated September 1, 2026

Divorce Set 1 is the only uncontested-divorce form set the Texas Supreme Court has actually promulgated by order. It is built for one narrow situation: a couple with no minor children together and no real property who agree on every issue. It contains seven forms, from the petition that opens the case to the decree the judge signs at the end.

Every other uncontested-divorce set in Texas, including the forms for couples with children, is published by the Texas Access to Justice Commission through TexasLawHelp.org rather than by the Supreme Court itself. This explains what Divorce Set 1 covers, who it is for, and how the seven forms fit together from filing to final decree.

What Divorce Set 1 is and where its authority comes from

The Texas Supreme Court approved Divorce Set 1 by order in Misc. Docket No. 13-9085 (June 17, 2013), building on an earlier 2012 order that first introduced the set for public comment. Every form in the set carries that docket number in its footer, and the packet's own title page describes it as "Divorce Set 1, Uncontested, No Minor Children, No Real Property."

That Supreme Court authority is narrower than it sounds. TexasLawHelp.org, which hosts the forms, files this same packet under its "we do not have minor children" guide and sometimes labels it Set A for opposite-sex couples or Set D for same-sex couples. Whichever label a given page uses, the forms themselves are the Supreme Court's Divorce Set 1, and their footer is what actually proves Supreme Court approval, not the letter a toolkit assigns them. The with-children forms (commonly called Set B or Set C) and the forms used once real property is in the picture are TexasLawHelp/Texas Access to Justice Commission publications instead. Their footers read "TexasLawHelp.org," with no Misc. Docket citation, because no Supreme Court order approving a with-children or with-property uncontested divorce set exists.

Who can, and cannot, use this set

The instructions that come with Divorce Set 1 spell out its scope more precisely than the name alone suggests. A pregnancy rules the set out even if the husband is not the child's father, and a child either spouse had with someone else since the marriage date rules it out too, because the form has no place to address a support or paternity question it was never built to handle. The set assumes a no-fault divorce: it is written around insupportability, described on the petition as discord or a conflict of personalities that destroys the marriage's legitimate ends with no reasonable expectation of reconciliation, and it has no fields for pleading cruelty, adultery, or another fault ground.

Residency works the same way it does for every Texas divorce: one spouse must have lived in Texas for the six months before filing and in the filing county for the 90 days before filing. The instructions also cover two situations that surprise some filers: immigration status does not affect the right to use these forms, and a military family stationed outside Texas can still file where Texas has been either spouse's home state and county for the required time.

The seven forms in Divorce Set 1

Unlike the with-children toolkits, which assign a distinct form number to each document (such as FM-DivB-100 for the Original Petition), the Supreme Court's own Divorce Set 1 packet does not number its forms individually. Each form is identified by name only, with the docket citation as its authority footer.

The Waiver of Service carries the strictest rule of the seven. It must be signed in front of a notary, and only after the Original Petition for Divorce has already been filed; a spouse who signs it early has to redo it. This mirrors the general Texas rule for divorce waivers of service, which requires a notarized waiver signed after the petition is on file. The Certificate of Last Known Address and the Affidavit of Military Status only come into play in the same narrow situation: the respondent never signed a waiver and never filed an answer, so the petitioner has to bring both forms to the final hearing instead.

How an agreed Divorce Set 1 case moves from filing to decree

1. Fill out the Original Petition for Divorce, and the Affidavit of Indigency if you cannot afford the filing fee, then sign it. Also get a Civil Case Information Sheet from the courthouse.
2. File the petition, and the affidavit if using one, with the district or county-court-at-law clerk, and ask about any local standing order or civil-case-information requirement.
3. Give your spouse legal notice, most commonly by a Waiver of Service signed at least one day after filing and notarized, or by having the spouse formally served.
4. Complete the Final Decree of Divorce and prepare for the hearing, including the Certificate of Last Known Address and Affidavit of Military Status if no waiver or answer was filed.
5. Attend the hearing after the waiting period has run, present the required testimony, and get the decree signed.
6. File the signed decree with the clerk and turn in the vital-statistics form covering the divorce, since the case is not final until the decree itself is filed.

The timeline, from petition to prove-up

A Texas court cannot grant a divorce before the 60th day after the petition is filed, so the earliest an agreed Divorce Set 1 case can reach a final hearing is the 61st day. The two statutory exceptions both involve family violence, an active protective order against the respondent or a family-violence conviction, and neither applies to a genuinely agreed, uncontested case.

1. Day 0The Original Petition for Divorce is filed with the clerk, starting the 60-day clock.
2. Day 1 or laterThe respondent may sign the notarized Waiver of Service, but not before this point.
3. During the waitEither spouse files a Notice of Change of Address if a mailing address changes.
4. Day 61 at the earliestThe case may be set for a final hearing, once every other requirement is met.
5. At the hearingThe judge reviews and signs the Final Decree of Divorce.
6. Same visitThe signed decree and the vital-statistics form are filed with the clerk to make the divorce final.

Whether that final hearing requires a courtroom appearance or can be handled through paperwork alone depends on the county and the individual court, so check local practice rather than assuming either way applies statewide.

What Divorce Set 1 does not cover

The instructions are explicit that filers should not alter these forms to add children, real property, or spousal maintenance; a couple in any of those situations needs a different form set or legal advice. Retirement accounts are a partial exception: the Final Decree of Divorce can award a 401(k), pension, or similar account to one spouse or divide it between both, but actually splitting most retirement accounts still requires a separate court order, usually called a qualified domestic relations order, which is not included in this set.

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