The next document that will need to be drafted and signed by the parties is the Final Decree of Divorce. While the Original Petition for Divorce requests certain relief, the Final Decree of Divorce is the document that the judge will sign and includes all agreements reached in the divorce.

Since Texas is a community property state, even the shortest of marriages accrue community property. Almost all judges require that Final Divorce Decrees divide assets and debts by specifically awarding those items, even if the parties kept their accounts separate during the marriage and nothing really needs to be divided:
 

• Property Division: Any and all property acquired during the marriage will be divided in the Final Decree of Divorce. This includes real property, personal property, furnishings, jewelry, retirement accounts, cash on hand, etc. The items will be listed and awarded to the spouses in the decree. The decree can also include language about the sale of property or how proceeds/funds will be divided as part of the divorce. Any property that a spouse owned prior to marriage will be confirmed as that spouse’s separate property.

Some amicable parties may be reluctant to include specific child provisions because they want to co-parent by agreement after divorce rather than following specific schedules or rules. While the Texas family courts applaud a couple’s desire to informally co-parent, a Final Decree of Divorce must include a specific possession schedule and language about child support and medical support. The parties are free to disregard the specific provisions and co-parent as they see fit, but the Decree must include certain language for the divorce to be finalized:
 

• Child Custody Matters: The Final Decree of Divorce will need to address certain provisions relating to children of the marriage. This will include rights and duties, access and possession, child support, medical support, and other miscellaneous provisions, such as passports or electronic communication.
   

• Other Agreements: The Final Decree of Divorce may have other miscellaneous provisions, such as injunctions, post-divorce spousal support, change of name, tax language, or other items. Each Final Decree of Divorce is specifically drafted for a divorcing couple so no two Final Decrees are the same.

Once the Final Decree of Divorce has been drafted and signed off on by the parties, it will need to be filed with the assigned court. This document does not need to be notarized by both spouses who will need to sign it.