Texas Divorce: With vs. Without Children

The Key Distinction

Texas treats divorces with minor children of the marriage differently because the court must address conservatorship, possession, child support, and medical support for the children. If you and your spouse have no minor children together, those forms are not needed and the case is simpler.

Divorce Without Children

When there are no minor children of the marriage, the core documents are the Original Petition for Divorce, a Waiver of Service, the Final Decree of Divorce, and a Marital Settlement Agreement covering property and debt. The process is the same in every other respect — file, serve or waive, wait 60 days, and attend the prove-up hearing.

• •No SAPCR required.
• •No parenting plan or possession schedule.
• •No child support worksheet or medical support order.
• •Typically the fastest, simplest Texas divorce path.

Divorce With Children

When there are minor children, Texas requires a Suit Affecting the Parent-Child Relationship (SAPCR) as part of the divorce. The SAPCR addresses conservatorship (custody), possession and access (visitation), child support, and medical support. You also file a parenting plan and a child support worksheet.

• •SAPCR included in the divorce case.
• •Parenting plan with conservatorship and a possession schedule.
• •Child support worksheet using Texas guideline percentages.
• •Medical support order (health insurance for the child).
• •Often a geographic restriction on the child's primary residence.

Cost Difference

The with-children package involves more forms and more detail, which is why DivorceReady charges $119.99 for it versus $89.99 for the without-children package. The court filing fee is generally the same regardless of whether children are involved — the difference is the document preparation effort and complexity.

Which Children Count?

The SAPCR is required for minor children of the marriage — children born to or adopted by both spouses. Children from a prior relationship who are not the other spouse's children are generally not part of the divorce SAPCR, though custody of those children may be addressed in separate proceedings. If you are unsure whether a child is a child of the marriage, confirm your situation before selecting a package.

How DivorceReady Helps

DivorceReady offers two Texas packages — without children and with children. The questionnaire asks about minor children of the marriage and routes you to the correct forms. We do not advise on conservatorship arrangements or whether a child is legally a child of the marriage. For disputed custody, consult a licensed Texas family law attorney.