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The Final Decree of Divorce (FM-DivB-201): A Section-by-Section Walkthrough
FM-DivB-201 is the Final Decree of Divorce for the Set B toolkit, the TexasLawHelp forms Texas parents use to finalize an agreed divorce when they have minor children together and no existing conservatorship or support order. It is a 21-section, 34-page order the judge signs at the prove-up, and it is the single document that actually divorces the couple, sets up conservatorship and possession and access, orders child support, and divides the property.
This walks through what each numbered section of the current form (Rev. 09-2025) orders, in the sequence the form presents them, so a self-represented filer can see what will be decided before sitting down to fill it out.
What FM-DivB-201 is and who publishes it
FM-DivB-201, titled "Final Decree of Divorce," is the ending document in TexasLawHelp's Set B toolkit for parents with minor children who do not already have a conservatorship or child support order in place. It is not a Supreme Court form. TexasLawHelp.org, through the Texas Access to Justice Commission, writes and updates it, unlike the Supreme Court's own Set 1 forms for couples with no children and no real property.
The current version runs 21 numbered sections across 34 pages. Every section becomes part of the judge's order once signed, which is why the form is long: it is not paperwork on the side, it is the actual court order governing the divorce, the children, and the property from that day forward. Here is what each section covers.
| Section | What it orders |
|---|---|
| 1. Appearances | Records whether each spouse was present, self-represented, and in agreement |
| 2. Record | States whether a court reporter recorded the hearing |
| 3. Jurisdiction | Finds that residency and the 60-day waiting period were met |
| 4. Family Violence Statement | Discloses any family violence during the marriage or the case |
| 5. Dates of Marriage and Separation | Records the marriage date, including informal marriages |
| 6. Divorce | The order that actually grants the divorce |
| 7. Children | Lists the children and addresses pregnancy and paternity |
| 8. Parenting Plan | Introduces the conservatorship, possession, and support orders |
| 9. Conservatorship (Custody) | Appoints conservators and lists each parent's rights and duties |
| 10. Possession and Access (Visitation) | Attaches the possession schedule as an exhibit |
| 11. Child Support | Sets the support amount, payment method, and end date |
| 12. Medical and Dental Support | Orders health and dental coverage for the children |
| 13. Parents' Information | Records contact details for the State Case Registry |
| 14. Required Notices | Requires notice before an address or job change |
| 15. Warnings to Parties | Explains the consequences of ignoring the order |
| 16. Property and Debt | Divides community property and confirms separate property |
| 17. Muniment of Title | Lets the decree itself transfer property titles |
| 18. Name Change | Restores a former name on request |
| 19. Court Costs | Assigns responsibility for filing fees and costs |
| 20. Other Orders | Reserves the court's authority to clarify or enforce the decree |
| 21. Final Order | The judge's signature and the final judgment |
Sections 1 to 8: appearances through the parenting plan
The first eight sections build the factual record the judge needs before ordering the divorce itself. Section One records how each spouse appeared: present and self-represented and asking for the decree, present and agreeing to its terms, or absent but having signed the decree or a waiver of service in advance. Section Two notes whether a court reporter recorded the hearing or whether the judge and both spouses agreed to skip a record.
Section Three is where the court makes its jurisdiction finding, including that the 60-day waiting period ran from the date the petition was filed, not from the date the other spouse was served. The only two exceptions the form allows are an active protective order or emergency protective order against the respondent for family violence, or a family-violence conviction or deferred adjudication against the respondent. There is no box on the form for a judge to waive the wait for any other reason.
Section Four requires a statement about family violence during the marriage or the case. Section Five records the date of marriage, with a box for couples who had an informal, or common-law, marriage instead of a ceremony. Section Six is the order itself, the sentence that actually grants the divorce.
Section Seven lists the children under 18 or still in high school, and adds required findings on whether the wife is currently pregnant and whether paternity for any child born during the marriage needs to be established or has already been resolved. Section Eight is a short bridge: it finds that the conservatorship, possession and access, and support orders that follow are in the children's best interest.
Sections 9 to 12: conservatorship, possession, and support
Section Nine, Conservatorship (Custody), appoints the parents as managing conservators and lists the rights and duties each parent has toward the children, such as receiving medical and school information and consenting to certain kinds of care. Texas law starts from a presumption that both parents serve as joint managing conservators, though this section is also where a court would name one parent sole managing conservator instead.
Section Ten, Possession and Access (Visitation), does not write out a schedule of its own. It orders that a Standard, Modified, or Supervised Possession Order, attached separately as an exhibit, controls when each parent has the children. The Standard Possession Order is the schedule most agreed cases use unless the parents agree to something different.
Section Eleven, Child Support, names the paying parent (the obligor) and the receiving parent (the obligee), sets the monthly amount and due date, and directs payment through the Texas Child Support Disbursement Unit rather than parent to parent. Guideline support is calculated as a percentage of the obligor's net monthly resources, capped at a dollar figure the Office of the Attorney General adjusts periodically.
- The child turns 18, unless still in high school, in which case support continues until graduation.
- The child marries, dies, or is emancipated by court order.
- The child enters active duty in the U.S. armed forces.
- The parent ordered to pay and the parent ordered to receive support marry or remarry each other.
Section Twelve, Medical and Dental Support, is separate from the child support order because Texas treats it as its own category of support. It orders one parent to carry health and dental coverage for the children and sets out when that duty ends.
Sections 13 to 21: notices, property, and the final judgment
Section Thirteen collects each parent's contact information for the State Case Registry, the system Texas uses to track support cases. Section Fourteen orders both parents to notify each other, the court, and the registry before changing an address, phone number, or job. Section Fifteen sets out the consequences of ignoring a support or possession order, including further court action and contempt, and makes clear that unpaid support never justifies denying possession, and denied possession never justifies unpaid support.
Section Sixteen, Property and Debt, is where the decree divides the marital estate. It orders a just and right division of the community property, not an automatic 50/50 split, and separately confirms each spouse's own separate property rather than dividing it at all.
Section Seventeen lets the decree itself act as a muniment of title, meaning it can transfer ownership of real estate and vehicles without a separate deed in many cases. Section Eighteen restores a former name if either spouse requests it. Section Nineteen assigns who pays the court costs. Section Twenty reserves the court's authority to issue further orders needed to clarify or enforce the decree. The final section is the final judgment: the date, the judge's signature, and the statement that the decree resolves every claim between the parties and disposes of the case.
Signing the decree and getting it filed
None of the decree's sections take effect until the judge signs the final one. Getting from a completed draft to a signed, filed decree follows roughly the same order in most agreed Set B cases.
- Before the hearingBoth spouses review and sign the completed decree, agreeing to its form and substance.
- Prove-upThe petitioner presents the required testimony or affidavit, and the judge reviews the decree section by section.
- At the hearingThe judge signs and dates the final judgment, which finalizes the divorce.
- Same visitThe signed decree and form VS-165, the vital statistics report, are filed with the district clerk.
- After filingCertified copies are ordered from the clerk for name-change, insurance, and title purposes.
Whether the prove-up itself requires a courtroom appearance or can be done by a written affidavit depends on the county and the individual court, so check local practice rather than assuming either way applies statewide.
Frequently asked questions
Is FM-DivB-201 approved by the Texas Supreme Court?
No. FM-DivB-201 is published by the Texas Access to Justice Commission through TexasLawHelp.org, not promulgated by the Texas Supreme Court. Its footer reads TexasLawHelp.org rather than citing a Misc. Docket order, unlike the Supreme Court's Set 1 forms for couples with no children and no real property.
How many sections does the Final Decree of Divorce have?
The current Set B decree runs 21 numbered sections across 34 pages, covering appearances, jurisdiction, the divorce itself, conservatorship, possession and access, child support, medical and dental support, property division, name change, and the final judgment.
Does the decree use the words custody and visitation?
The section headings use conservatorship and possession and access, adding custody and visitation in parentheses only as a translation for readers unfamiliar with Texas terms. The body text of the orders uses conservatorship and possession and access throughout.
Does the decree divide property 50/50?
No. The property section orders a just and right division of the community estate, which is not automatically an equal split. Each spouse's separate property is confirmed to that spouse rather than divided at all.
Who signs the Final Decree of Divorce?
The judge signs and dates the decree at the prove-up. In an agreed case, the petitioner and respondent also sign to show they agree with its form and substance, and a notary or the court typically completes an approval block for each attorney or self-represented party.
What happens after the judge signs the decree?
The signed decree gets filed with the district clerk along with form VS-165, the vital statistics report every Texas divorce must file. Certified copies of the decree are what banks, employers, and passport agencies will later ask to see.
FM-DivB-201 Final Decree of Divorce [Set B], current revision
TexasLawHelp: with-children divorce toolkit (Set B)
Texas family-law statutes, chapter 6 (waiting period)
Texas family-law statutes, chapter 154 (child support guidelines)
DSHS form VS-165