Bell County District Clerk

Divorce FAQ

Frequently Asked Questions

The information below assumes some level of understanding about divorce proceedings in Texas. While every effort is made to be sure this information is current and accurate, there are no guarantees and the reader should qualify the information gathered here by researching other sources.

Additionally, there are many questions that are complicated and difficult to answer because the answer is dependent upon the particulars of a specific divorce. For those complicated issues and questions, you should seek the counsel of a legal professional. Divorce can be simple, but it can be overwhelmingly difficult as well.

Costs and Time Tables Divorce Steps

What are the steps necessary for divorce?
- The basic steps necessary for divorce in Bell County, Texas for Pro Se filings are as follows:
  - Prepare Forms
  - File Petition
  - Notify Spouse
  - Draft Final Divorce Decree
  - Attend Pro Se Clinic
  - Present Case in Court
- For a divorce involving children, the following steps are also required:
  - Attend Mandatory Co-Parenting Class (must be complete before Step 6 above)
  - Establish Child Support (after Step 6 above)
What do I do to start a divorce suit?
- The filing of the Divorce Petition starts a divorce suit. Along with the Divorce Petition, you will be required to complete a BVS Form (Bureau of Vital Statistics) required by State of Texas for all divorce cases, and make payment. If you are filing the divorce Pro Se (without an attorney), then you will be required to sign a Pro Se Divorce Acknowledgement and attend the Pro Se Clinic.
What forms are required to get a divorce?
- This depends on the particulars of each divorce case. However, for simple divorce cases that are uncontested with no children and no property, the necessary forms are as follows:
  - Divorce Petition
  - Waiver of Service (as a form of legally notifying your spouse of the divorce)
  - Divorce Decree
  - Bureau of Vital Statistic Form (required by the State)
  - Pro Se Divorce Filing Acknowledgement
- If there are children, then the following forms are likely required:
  - Medical Support Order
  - Employer’s Withholding Order
What do I do if my spouse doesn’t want a divorce or doesn’t agree with a divorce?
- You do not need your spouse’s approval to file for, or start, a divorce. However, if your spouse disagrees with some part of the divorce petition, this is considered a “contested” divorce. Contested divorces may require a Judge to hear both sides of the disagreement before ruling and finalizing the divorce. Contested divorces can be difficult. To protect your rights, contact a divorce attorney.
Can we both file for divorce?
- Having both parties file for divorce wastes time, money, and requires consolidation of the divorce files.
How will my spouse be notified after I file for divorce?
- There are three basic methods of notifying a spouse that a divorce has been filed:
  - Waiver of Service (most common for Pro Se filings
  - Service of Citation (having someone, like a Sheriff’s Deputy, hand deliver the papers)
  - Publication or Posting (these two options can be complicated and difficult to establish. It is best to hire an attorney in this case)
Where can I find a Co-Parenting class?
- Currently, there are two classes offered in the Bell County area, "For Kids' Sake" and "Moving Families Through Change." Click here for details or to contact the class sponsors for more information. Fort Hood offers a class for military personnel and their spouses, click here for details. There are online offerings as well, however they must meet the minimum 4-hour duration in order to fulfill the requirement outlined in the Standing Court Order. One online offering is called Kids First. Contact www.kidsfirsttexas.com for more information.

Divorce Requirements Forms and Documents Children

Is a divorce more complicated when there are children involved?
- Yes. There are many facets of a divorce that need to be settled with regard to children. Custody, visitation, and child support must be specifically outlined. Three forms that are generally always required are the Health Insurance Information Form, Medical Support Order, and the Employer’s Withholding Order. There may be others. Also, parents are required to attend a 4-hour Co-Parenting class.
What is an “illegitimate child?”
- Basically this means a child born to people not married to each other. In the case of a divorce proceeding, this means any child born during the marriage to a man other than the husband. If there is an illegitimate child in the marriage, the paternity of that child must be legally established before the divorce can be finalized.
What is “paternity?”
- The formal and legal determination of a child’s biological parents. In some cases, this may require DNA testing. For divorce actions involving an illegitimate child, paternity must be established before the divorce can be final.
How is paternity established?
- If all parties (biological mother, biological father, and husband to biological mother) agree, then an affidavit can be signed at the Bell County, County Clerk’s Office. Contact 254-933-5165 for more information. If the parties disagree or require proof, contact the Office of the Attorney General to establish a paternity suit that may require DNA testing. Contact the Office of the Attorney General at 1-866-255-2006 or on the web at www.oag.state.tx.us.
Where can I find a Co-Parenting class?
- Currently, there are two classes offered in the Bell County area, "For Kids' Sake" and "Moving Families Through Change." Click here for details or to contact the class sponsors for more information. Fort Hood offers a class for military personnel and their spouses, click here for details. There are online offerings as well, however they must meet the minimum 4-hour duration in order to fulfill the requirement outlined in the Standing Court Order. One online offering is called Kids First. Contact www.kidsfirsttexas.com for more information.

Terminology

What is an “annulment?”
- Whereas a “divorce” ends a valid marriage, an annulment is to declare the marriage void, as if it never took place.
What are the grounds for an annulment?
- There are only a few reasons an annulment may be granted:
  - Parties are related by blood or adoption;
  - Either party is in a previous marriage that has not been dissolved;
  - At the time of marriage, one party to the marriage was:
    - Underage;
    - Under the influence of alcohol or drugs;
    - Impotent
    - Mentally incompetent
    - Forced to marry;
    - Or misled about a prior divorce.
  - In most cases, the law requires that the person seeking annulment must stop living with the spouse once the problem is discovered.
What does “Pro Se” mean?
- Pro Se is a term used to describe individuals who choose to represent themselves in court without the assistance of an attorney.
What is “alimony?”
- Alimony is periodic payments from one former spouse for support of the other former spouse.
What is an “illegitimate child?”
- Basically this means a child born to people not married to each other. In the case of a divorce proceeding, this means any child born during the marriage to a man other than the husband. If there is an illegitimate child in the marriage, the paternity of that child must be legally established before the divorce can be finalized.
What is “paternity?”
- The formal and legal determination of a child’s biological parents. In some cases, this may require DNA testing. For divorce actions involving an illegitimate child, paternity must be established before the divorce can be final.
What is meant by “filing an answer?”
- An “Answer” in a divorce proceeding is the legal response from a spouse who has been served divorce papers. An Answer is filed with the District Clerk’s Office and may be the first indication that the divorce will be contested.
Who is the “petitioner” and who is the “respondent?”
- The Petitioner is the person who is started the divorce case (the person who filed the Divorce Petition). The Respondent is the other person.

Miscellaneous

Is there any special dispensation for military personnel?
- No. Military personnel must file for divorce and pay court fees the same as civilians. One small difference is in relation to the residential requirement. For a Texas resident, time spent outside of Texas while in the military, does not affect the residency requirement.
Can a JAG attorney handle my divorce?
- No, but they may be able to help. JAG attorneys do not represent military personnel in Civil Court. However, they may assist you in preparing your paperwork and answering basic questions. Following are the list of qualifications for this service:
  - E5 or below;
  - Uncontested divorce (both parties agree on all aspects of divorce);
  - No children, wife not pregnant, and no illegitimate children;
  - No real estate;
  - Both parties willing to sign all necessary documents.
  - Review video on III Corps website.
- The qualifications listed above are similar for all divisions located at Fort Hood (III Corps, 1st Cavalry, and 4th Infantry).
Why does the clerk keep suggesting I’m asking for legal advice when I’m not?
- Even innocent sounding questions such as, “Does my name go here?” “Is there anything else I need to file?” “Where can I find the forms?” can cause time delays if incorrectly answered. Therefore, all clerks are prohibited from answering questions about divorce cases (especially those filed Pro Se) and if in doubt, they have been instructed to err on the side of saying nothing. As a Pro Se filer, you are responsible for researching all aspects of the divorce, even the small ones.
Why does the District Clerk’s Office provide all this information, then not answer questions about it?
- The information contained on the website and through handouts has been provided by the Pro Se Clinic. This way, the information can be controlled. Clerks are not attorneys and cannot provide legal advice. Therefore, it has been established that they are not to provide information regarding “legal” matters. If they are in doubt, they have been instructed to err on the side of saying nothing.

All Questions

1.	Are there residency requirements?
	Yes. At the time of filing for divorce, you or your spouse must have lived in Texas for 6 months and Bell County for 3 months.
2.	What is the difference between a "form" and a "document?"
	Technically, not much. Practically, "documents" are those that are created from a blank sheet of paper similar to how a Last Will and Testament is created. As opposed to how a "form" may only require you to fill in the blanks. Most divorce paperwork is the former.
3.	What is an “Annulment”?
	Whereas a “divorce” ends a valid marriage, an annulment is to declare the marriage void, as if it never took place.
4.	What are the grounds for an annulment?
	There are only a few reasons an annulment may be granted: Parties are related by blood or adoption; Either party is in a previous marriage that has not been dissolved; At the time of marriage, one party to the marriage was: Underage; Under the influence of alcohol or drugs; Impotent Mentally incompetent Forced to marry; Or misled about a prior divorce. In most cases, the law requires that the person seeking annulment must stop living with the spouse once the problem is discovered.
5.	What does “Pro Se” mean?
	Pro Se is a term used to describe individuals who choose to represent themselves in court without the assistance of an attorney.
6.	How will my spouse be notified after I file for divorce?
	There are three basic methods of notifying a spouse that a divorce has been filed: Waiver of Service (most common for Pro Se filings) Service of Citation (having someone, like a Sheriff’s Deputy, hand deliver the papers) Publication or Posting (these two options can be complicated and difficult to establish. It is best to hire and attorney in this case)
7.	Do I have to hire an attorney?
	No. You may act as your own attorney, however, it can take longer and it is risky. If your divorce is considered “contested,” meaning you and your spouse disagree on some part of the divorce, you should hire an attorney. Additionally, divorces involving children and property usually need the protection of your rights that an attorney can provide.
8.	Am I entitled to a court-appointed attorney?
	No.
9.	Should I hire an attorney?
	Probably. One way to identify your need for legal help would be to assess your risk in the divorce. Below is a table with 8 possible divorce profiles. Identify your profile and associated risk. VIEW TABLE
9.	What do I do if I can’t afford an attorney?
	No one *wants* to pay for an attorney, but some people cannot afford an attorney. For those who have financial difficulties, you can contact the local office of Legal Aid to see if you qualify. They accept applications over the phone on Monday and Wednesday from 9:00 AM to 12 Noon and from 1:00 PM to 4:00 PM. Contact them at 1-800-234-6606.
10.	How long will it take for my divorce to become final?
	Unknown. There are many factors that go into determining the length of time it may take a divorce to become final. There is a *minimum 60 day waiting period* for all divorces starting from the day the initial papers (divorce petition) are filed with the District Clerk’s Office.
11.	How long must I wait to get remarried?
	In most cases, you must wait at least thirty days.
12.	What is alimony?
	Alimony is periodic payments from one former spouse for support of the other former spouse.
13.	Is there any special dispensation for military personnel?
	No. Military personnel must file for divorce and pay court fees the same as civilians. One small difference is in relation to the residential requirement. For a Texas resident, time spent outside of Texas while in the military, does not affect the residency requirement.
14.	Can a JAG attorney handle my divorce?
	No, but they may be able to help. JAG attorneys do not represent military personnel in Civil Court. However, they may assist you in preparing your paperwork and answering basic questions. Following are the list of qualifications for this service: E5 or below; Uncontested divorce (agree on all aspects of divorce); No children, wife not pregnant, and no illegitimate children; No real estate; Both parties willing to sign all necessary documents. Review video on III Corps website. The qualifications listed above are similar for all divisions located at Fort Hood (III Corps, 1st Cavalry, and 4th Infantry).
15.	What do I do to start a divorce suit?
	The filing of the Divorce Petition starts a divorce suit. Along with the Divorce Petition, you will be required to complete a BVS Form (Bureau of Vital Statistics) required by State of Texas for all divorce cases, and make payment. If you are filing the divorce Pro Se (without an attorney), then you will be required to sign a Pro Se Divorce Acknowledgement and attend the Pro Se Clinic.
16.	What is an illegitimate child?
	Basically this means a child born to people not married to each other. In the case of a divorce proceeding, this means any child born during the marriage to a man other than the husband. If there is an illegitimate child in the marriage, the paternity of that child must be legally established before the divorce can be finalized.
17.	What is paternity?
	The formal and legal determination of a child’s biological parents. In some cases, this may require DNA testing. For divorce actions involving an illegitimate child, paternity must be established before the divorce can be final.
18.	How is paternity established?
	If all parties (biological mother, biological father, and husband to biological mother) agree, then an affidavit can be signed at the Bell County, County Clerk’s Office. Contact 254-933-5165 for more information. If the parties disagree or require proof, contact the Office of the Attorney General to establish a paternity suit that may require DNA testing. Contact the Office of the Attorney General at 1-866-255-2006 or on the web at www.oag.state.tx.us.
19.	Where can I find the divorce forms?
	You can find examples of some divorce documents here. You can also obtain examples from the Texas Bar Association, the County Law Library, or a public library (law or legal section).
20.	What forms are required to get a divorce?
	This depends on the particulars of each divorce case. However, for simple divorce cases that are uncontested with no children and no property, the necessary forms are as follows: Divorce Petition Waiver of Service (as a form of legally notifying your spouse of the divorce) Divorce Decree Bureau of Vital Statistic Form (required by the State) Pro Se Divorce Filing Acknowledgement If there are children, then the following forms are likely required: Medical Support Order Employer’s Withholding Order
21.	What are the steps necessary for divorce?
	The basic steps necessary for divorce in Bell County, Texas for Pro Se filings are as follows: Prepare Forms File Petition Notify Spouse Draft Final Divorce Decree Attend Pro Se Clinic Present Case in Court For a divorce involving children, the following steps are also required: Attend Mandatory Co-Parenting Class (must be complete before Step 6 above) Establish Child Support (after Step 6 above)
22.	Where can I find a Co-Parenting Class?
	Currently, there are two classes offered in the Bell County area, "For Kids' Sake" and "Moving Families Through Change." Click here for details or to contact the class sponsors for more information. Fort Hood offers a class for military personnel and their spouses, click here for details. There are online offerings as well, however they must meet the minimum 4-hour duration in order to fulfill the requirement outlined in the Standing Court Order. One online offering is called *Kids First*. Contact www.kidsfirsttexas.com for more information.
23.	What do I do if my spouse doesn’t want a divorce or doesn’t agree with a divorce?
	You do not need your spouse’s approval to *file* for, or start, a divorce. However, if your spouse disagrees with some part of the divorce petition, this is considered a “contested” divorce. Contested divorces may require a Judge to hear both sides of the disagreement before ruling and finalizing the divorce. Contested divorces can be difficult. To protect your rights, contact a divorce attorney.
24.	Can we both file for divorce?
	Having both parties file for divorce wastes time, money, and requires consolidation of the divorce files.
25.	Why does the clerk keep suggesting I’m asking for legal advice when I’m not?
	Even innocent sounding questions such as, “Does my name go here?” “Is there anything else I need to file?” “Where can I find the forms?” can cause time delays if incorrectly answered. Therefore, all clerks are prohibited from answering questions about divorce cases (especially those filed Pro Se) and if in doubt, they have been instructed to err on the side of saying nothing. As a Pro Se filer, you are responsible for researching all aspects of the divorce, even the small ones.
26.	Why does the District Clerk provide all this information, then not answer questions about it?
	The information contained on the website and through handouts has been provided by the Pro Se Clinic. This way, the information can be controlled. Clerks are not attorneys and cannot provide legal advice. Therefore, it has been established that they are not to provide information regarding “legal” matters. If they are in doubt, they have been instructed to err on the side of saying nothing.
27.	How much will my divorce cost?
	This depends on the specifics of a divorce. However, some fees to consider are the following: Divorce filing fee (required) Having Sheriff’s Deputy or Private Process Server serve divorce papers (optional) Having divorce papers served by certified mail (optional) Attorney fees are generally charged by the hour (optional) To certify documents (optional) To copy documents (optional) Click Here to view the current District Clerk fees.
28.	Is the filing fee refundable?
	No.
29.	How much does a divorce attorney charge?
	This question is similar to asking, “How much does a car cost?” Most attorneys charge by the hour (or quarter hour). Their time involved in the divorce depends greatly on the complexity of your marriage/divorce. Many attorneys will provide an initial consultation to gather facts about your case for free or a reduced fee. This allows them to better estimate the time and cost for handling your case. There is a referral program offered by the Texas Bar Association at www.texasbar.com. They provide an initial 30 minute consultation for $20.
30.	What is meant by “Filing an Answer”?
	An “Answer” in a divorce proceeding is the legal response from a spouse who has been served divorce papers. An Answer is filed with the District Clerk’s Office and may be the first indication that the divorce will be contested.
31.	Who is the “Petitioner” and who is the “Respondent”?
	The Petitioner is the person who is started the divorce case (the person who filed the Divorce Petition). The Respondent is the other person.
32.	Is a divorce more complicated when there are children involved?
	Yes. There are many facets of a divorce that need to be settled with regard to children. Custody, visitation, and child support must be specifically outlined. Two forms that are generally always required are the Medical Support Order and the Employer’s Withholding Order. There may be others. Also, parents are required to attend a 4-hour Co-Parenting class.
33.	What is this BVS Form and why do I have to complete it?
	The Bureau of Vital Statistics (BVS) form, also known as the Information on Suits Affecting the Family Relationship form, is required by the State for divorce in Texas. Its intent to gather statistical family data.
34.	What is the Pro Se Clinic and why do I have to attend?
	Answer: Individuals who file for divorce Pro Se (without an attorney) are required to attend the Pro Se Clinic to ensure that their divorce paperwork is in relatively good order and ready for court. The Bell County courts require everyone who files a divorce without the assistance of an attorney attend the class.
35.	Is there any way to bypass the Pro Se Clinic?
	Yes. If you hire an attorney to represent you in court, the clinic requirement is waived.

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