The Texas Original Petition Divorce form is a legal document that initiates the process of divorce in the state of Texas. It outlines the basic information about the marriage, the grounds for divorce, and any requests from the court regarding name changes, jurisdiction, and service of the petition. This form is essential for anyone looking to file for divorce without the complexities of child custody. For those looking to take the first step in the divorce process, understanding how to fill out the Texas Original Petition Divorce form correctly is crucial.
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When navigating the complexities of filing for divorce in Texas, understanding the Texas Original Petition for Divorce form is pivotal. This comprehensive document lays the groundwork for proceedings, detailing essential information such as the parties involved (Petitioner and Respondent), discovery level, service of legal notice, and jurisdiction prerequisites, ensuring that either the petitioner or respondent has resided in Texas for the last six months and in the county of filing for the last 90 days, or meeting the criteria for special cases such as military service. The form also addresses waivers of the waiting period in instances of family violence, and the presence of any protective orders, setting the stage for a thorough legal process. Furthermore, it delves into crucial matters like the dates of marriage and separation, grounds for divorce, child custody, and assets, which are significant in the division of property and determining child support and custody arrangements. Additionally, it includes provisions for changing the petitioner’s name back to a name used before marriage, but not for avoiding legal or financial obligations. This initial filing document is vital, not only in kick-starting the legal process but also in setting the tone for the possible outcomes of the divorce, making it indispensable for those seeking to understand their rights and responsibilities as they navigate the dissolution of their marriage in Texas.
Cause Number:
(The Clerk’s office will fill in the Cause Number and Court Number when you file this form.)
IN THE MATTER OF THE MARRIAGE OF
Petitioner:
Print first, middle and last name of the spouse filing for divorce.
And
Respondent:
Print first, middle and last name of other spouse.
In the ______________
(Court Number)
District Court
County Court at Law
County, Texas
Original Petition for Divorce
Print your answers.
Parties
My name is: __________________________________________________________________________.
First
Middle
Last
I am the Petitioner. I am filing this Petition for Divorce.
The last three numbers of my driver’s license number are: ___ ___ ___. My driver’s license was issued in (State) ________________________.
or
I do not have a driver’s license number.
The last three numbers of my social security number are: ___ ___ ___.
I do not have a social security number.
My spouse’s name is: __________________________________________________________________.
My spouse is the Respondent.
1. Discovery Level
The discovery level in this case, if needed, is:
Level 1. Check here if you and your spouse do not have children under 18 or a disabled child of any age, the wife is not pregnant, and you have less than $50,000 in property.
Level 2. All other couples check here.
2. Legal Notice
(Check one box.)
I will have a sheriff, constable, process server or clerk serve my spouse with this Petition here:
_________________________________________________________________________________.
Street AddressCityStateZip
If this is a work address, name of business: ______________________________________________.
I ask the clerk to issue a Citation of Service (the form necessary to provide legal notice to my spouse). I understand that I will need to pay the fee (or file an Affidavit of Indigency form to show the Court that I am unable to pay the fee) and arrange for service.
I think my spouse will sign a Waiver of Service or file an Answer and sign the Final Decree of Divorce. Do not send a sheriff, constable, or process server to serve my spouse with this Petition at this time.
©TexasLawHelp.org Petition for Divorce – No Children, December 2012
Texas Family Code, Chapter 6
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If my spouse does not sign a Waiver of Service or file an Answer, I will have a sheriff, constable, process server or clerk serve my spouse with this Petition here:
________________________________________________________________________________.
If this is a work address, name of business: _____________________________________________.
I will ask the clerk to issue a Citation of Service (the form necessary to provide legal notice to my spouse). I understand that I will need to pay the fee (or file an Affidavit of Indigency form to show the Court that I am unable to pay the fee) and arrange for service.
3. Jurisdiction
Note: You cannot file this form until you or your spouse has lived in the county where you are asking for a divorce for at least the last 90 days and in Texas for at least the last six months.
Special Rules for Military Families: If you are serving in the armed forces outside of Texas or you have accompanied your spouse who is serving in the armed forces outside of Texas, you may still file this form if Texas has been the home state of either spouse for at least 6 months and the county where you plan to file the divorce has been the home county of either spouse for at least 90 days.
County of Residence (Check all boxes that apply.)
I have lived in this county for the last 90 days.
My spouse has lived in this county for the last 90 days.
I am serving in the armed forces outside of Texas, but this county has been the home county of either my spouse or me for at least 90 days.
I have accompanied my spouse who is serving in the armed forces outside of Texas, but this county has been the home county of either my spouse or me for at least 90 days.
None of the above applies.
State of Residence (Check all boxes that apply.)
I have lived in Texas for the last six months.
My spouse has lived in Texas for the last six months.
My spouse does not live in Texas but Texas is the last state where my spouse and I lived together as a married couple. This Petition is filed less than two years after we separated.
I am serving in the armed forces outside of Texas, but Texas is the home state of either my spouse or me and has been for at least 6 months.
I have accompanied my spouse who is serving in the armed forces outside of Texas, but Texas is the home state of either my spouse or me and has been for at least 6 months.
Waiver of Waiting Period Based on Family Violence (Check only if applicable.)
I ask the Court to waive the 60-day waiting period for divorce because: (Check one box.)
My spouse has been convicted of or received deferred adjudication for a crime involving family violence against me or a member of my household.
I have an active protective order or an active magistrate’s order for emergency protection against my spouse because of family violence during our marriage. The order includes a finding that my spouse committed family violence.
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4. Protective Order Statement
(Check the appropriate boxes.)
A. No Protective Order
I do not have a Protective Order against my spouse and I have not asked for one.
My spouse does not have a Protective Order against me and has not asked for one.
B.Pending Protective Order
I have filed paperwork at the courthouse asking for a Protective Order against my spouse, but a judge has not decided if I should get it. I asked for a Protective Order on _______________
Date Filed
in ______________ County, ___________. The cause number is ______________________.
County
State
Cause Number
If I get a Protective Order, I will file a copy of it before any hearings in this divorce.
My spouse has filed paperwork asking for a Protective Order against me, but a judge has not decided if my spouse will get it. My spouse asked for a Protective Order on ______________
in _______________ County, ___________. The cause number is _____________________.
If my spouse gets a Protective Order, I will file a copy of it before any hearings in this divorce.
C.Protective Order in Place
I do have a Protective Order against my spouse. I got the Protective Order in
_______________________ County, _________________ on _________________.
Date Ordered
The cause number for the Protective Order is ______________________________.
Either I have attached a copy of the Protective Order to this Petition or I will file a copy of it with the court before any hearings in this divorce.
My spouse does have a Protective Order against me. The Protective Order was made in
5. Dates of Marriage and Separation
My spouse and I got married on or about: ___________________________________________________.
MonthDayYear
We stopped living together as spouses on or about: ___________________________________________.
Month Day Year
6. Grounds for Divorce
I ask the Court to grant me a divorce. The marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
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7. Children
Children you and your spouse have together
(Check one box. Fill in the requested information if applicable.)
My spouse and I do not have any biological or adopted children together who are under the age of 18 or still in high school.
Note: Do not use this form if you and your spouse have children together who are under the age of 18 or still in high school, unless there is a final court order for custody and support of all the children and you are not asking to change that order. Instead, use the Petition for Divorce with Children form.
My spouse and I do have children together who are under the age of 18 or still in high school. Our children are listed below. There is a final court order for custody and support of our children and I am not asking to change that order at this time. The order was made in ___________________ County
and __________________ State. The cause number for the order is __________________________.
I understand I must attach a file-stamped copy of the order to my Final Decree of Divorce.
Child’s name
Age
Date of Birth
Sex
1.
2.
3.
4.
5.
6.
If more than 6 children, list them on another sheet and write Attachment A at the top. Then attach it to this form.
Adult Disabled Children
My spouse and I do not have any disabled children over 18.
My spouse and I do have a disabled child over 18.
Pregnancy
The wife in this marriage is not pregnant. The wife in this marriage is pregnant.
(If pregnant, also check one box below.)
The husband is the father of this child. The husband is not the father of this child.
Note: If you have a disabled child, talk to a lawyer before filing this form. You or your spouse may be entitled to receive child support, even after the child becomes an adult.
Note: If the wife is pregnant and the husband is not the biological father of the child, paternity of the child must be established before you can finish your divorce. See Texas Family Code Section 160.204.
Paternity may be established by:
●filing, with the court, a case to Adjudicate Parentage, or
●filing, with the Texas Vital Statistics Unit, an Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the husband.
The Office of the Attorney General may be able to help establish paternity of the child. Get more information about establishing paternity at www.TexasLawHelp.org.
If the wife is pregnant and the husband is the biological father of the child, you must wait until the child is born to finish your divorce.
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Children Born During the Marriage, but Husband is Not the Father
The wife did not have a child with another man while married to the husband.
The wife did have children with another man while married to the husband. All of the children born during the marriage that are not the husband’s adopted or biological children are named below:
If more than 4 children, list them on another sheet and write Attachment B at the top. Then attach it to this form.
Paternity of the children named above has not been established. I understand that paternity of the children must be established before I can finish my divorce.
Paternity of the children named above has been established:
A court order has determined the father of each child named above. I understand I must attach a file-stamped copy of the order to my Final Decree of Divorce.
An Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the Husband has been filed with the Texas Vital Statistics Unit for each child named above. I understand I must attach a copy of these documents to my Final Decree of Divorce.
Note: If the wife had children with another man while married to the husband, paternity of the children must be established before you can finish your divorce. This is true even if the children were born after the husband and wife separated. See Texas Family Code Section 160.204.
●filing, with the Texas Vital Statistics Unit, an Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the Husband.
The Office of the Attorney General may be able to help establish paternity of the children. Get more information about establishing paternity at www.TexasLawHelp.org.
8. Name Change
Note: You cannot use this form to change your name to anything other
than a name you used before you got married.
I am NOT asking the Court to change my name.
I ask the Court to change my name back to a name I used before my marriage. I am not asking the court to change my name to avoid criminal prosecution or creditors. I ask that my name be changed to:
__________________________________________________________________________.
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9. Property
Community Property
If my spouse and I are able to reach an agreement for the division of our property and debts, I ask the Court to approve our agreement. If such an agreement is not made, I ask the Court to divide our property and debts in a way that is just and right, according to Texas law.
Separate Property
I ask the court to confirm the following property as my separate property. This is money or property I owned before I was married, that I received as a gift or inheritance during my marriage, that I received for personal injuries that occurred during my marriage that was not for lost wages or medical expenses, or property I purchased during my marriage with separate property funds.
House located at:______________________________________________________________________
Street AddressCityState Zip
Land located at: _______________________________________________________________________
Street Address
City
Zip
Cars, trucks, motorcycles or other vehicles
Year
Make
Model
Vehicle Identification No. [VIN]-
Other money or personal property I owned before I was married, received as a gift or inheritance during my marriage or property I purchased during my marriage with separate property funds: (describe)
Money I received as recovery for personal injuries that occurred during the marriage that was not for lost wages or medical expenses: (describe)
Important: Talk to a lawyer if you or your spouse has retirement benefits or other employment benefits such as a 401(k), pension, profit sharing or stock option plan. The part of a spouse’s benefits earned during the marriage can usually be divided by the court when you get divorced. This is true even if the spouse has not yet retired. However, you must hire a lawyer to correctly write the additional documents the court will need to divide the benefits.
10.Prayer
I ask the Court to grant my divorce. I also ask the Court to make the other orders I have asked for in this Petition and any other orders to which I am entitled.
Petitioner’s NameDate
(
)
Petitioner’s Signature
Phone
Mailing Address
I understand that I must notify the Court and my spouse’s attorney (or my spouse if my spouse does not have an attorney) in writing if my mailing address changes during these divorce proceedings. If I don’t, any notices about this case will be sent to me at the address above.
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Filling out the Texas Original Petition for Divorce form is a crucial step in initiating the divorce process in Texas. This document outlines the identification of the parties involved, the grounds for divorce, and other relevant details related to the dissolution of the marriage. It is important to complete the form accurately and thoroughly, as it provides the foundation for the legal proceedings. Following the correct instructions ensures that the process can proceed smoothly and without unnecessary delay.
Once the form is filled out completely and accurately, review it to ensure all information is correct. The next step involves filing the petition with the appropriate Texas court and proceeding with the required legal processes, including serving the petition to the respondent spouse. Following filing, the court will guide you through the next steps, which may include setting a court date, mediation, or additional forms, leading towards the finalization of the divorce.
The Texas Original Petition for Divorce form begins the legal process of obtaining a divorce in the state of Texas. It is filed by the spouse seeking the divorce (the Petitioner) to notify the court and the other spouse (the Respondent) of the intent to end the marriage and to request the court to legally dissolve the marriage. This document outlines the Petitioner's basic information, marriage details, grounds for divorce, and any requests regarding name changes.
This form should be used by a married individual seeking to initiate a divorce in Texas when there are no minor children involved, either biologically or adopted by the spouses together, and no current pregnancy in the marriage. It's suitable for those without significant marital property or issues concerning child custody and support to resolve. Additionally, individuals with children may use this form if there is already a final court order for custody and support of all children, and they are not seeking to change that order.
The form can be officially delivered to the other spouse (Respondent) through various means, including by a sheriff, constable, process server, or through clerk's issuance of a Citation of Service if formal service is necessary. Alternatively, the Respondent can sign a Waiver of Service, indicating they have received the petition and waive the right to be formally served. If the respondent is expected to cooperate, the petitioner might opt to not initially involve a process server.
Yes, the 60-day waiting period required between filing the petition and finalizing the divorce can be waived, but only in cases of family violence. Specifically, the court may waive this period if the Respondent has been convicted of or received deferred adjudication for a crime involving family violence against the Petitioner or if there is an active protective order against the Respondent due to family violence.
The form specifies insupportability as the ground for divorce, which means the marriage has become unsupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. This is considered a "no-fault" ground, meaning that it does not blame either spouse for the breakup of the marriage.
Here are seven mistakes people often make when filling out the Texas Original Petition for Divorce form:
Not checking the jurisdiction requirements properly: It’s crucial to ensure that at least one spouse has lived in Texas for the last six months and in the county where the divorce is filed for the last 90 days. Overlooking this detail can lead to the dismissal of the case.
Incorrectly identifying the parties involved: Filling in the wrong names or not using full legal names for both the petitioner (the person filing for divorce) and the respondent (the other spouse) can cause confusion or delays in the divorce process.
Failing to provide the last three digits of the driver’s license and social security number: These details are vital for identification purposes, and leaving them out or entering them incorrectly can be problematic.
Not specifying the type of legal notice correctly: Choosing the wrong method for serving your spouse or not understanding the options for legal notice can complicate the process. Whether the spouse is expected to sign a waiver, or if a sheriff or constable is needed to serve the papers, needs to be clearly stated.
Omitting information about protective orders: If there are any protective orders in place, pending, or if there have never been any protective orders, this information needs to be accurately provided. Failing to disclose such information can have serious implications.
Errors in listing marriage and separation dates: Accurately stating the dates of marriage and separation is essential, as these dates can affect division of property, spousal support, and other legal matters.
Incorrectly handling the section on children: If the form is used incorrectly by couples who have children together under 18 (not providing proper custody or child support order information), or if there's a pregnancy involved and not properly addressed, the petition may not be processed correctly. Also, incorrect information about children born during the marriage, when the husband is not the father, needs careful attention.
Remember, it’s essential to double-check the entire form for accuracy and completeness before filing. When in doubt, consulting with a legal professional can help avoid these common mistakes.
When you're navigating the process of filing for a divorce in Texas, it goes beyond just submitting the Texas Original Petition for Divorce form. A handful of other documents are often used alongside this petition to ensure the process proceeds as smoothly as possible. Understanding each document can help you be better prepared for what's ahead.
Preparing and understanding all required documents for a divorce can seem daunting. However, knowing what each form is for and how they work together can demystify the process, making it more navigable for everyone involved. It's always recommended to consult with a legal professional to ensure accuracy and adherence to Texas law throughout the divorce process.
The Texas Original Petition Divorce form is quite similar to a Civil Complaint or Petition that initiates a civil lawsuit. In both documents, the party filing the complaint or petition sets out their claims against the other party and what they are seeking from the court. These documents serve as the official notification to the court and the other party about the commencement of a legal process, whether it's a divorce or any other type of civil dispute.
Another document closely related to the Texas Original Petition for Divorce is the Legal Notice of Eviction. Like the Texas Original Petition for Divorce, a Legal Notice of Eviction informs parties of the commencement of legal proceedings that could significantly affect their legal rights—in this case, their right to occupy a property. Despite their differences, both forms serve to formally notify the recipient about a legal action involving them and outline the petitioner's claims or intentions.
A Custody Petition shares commonalities with the Texas Original Petition for Divorce, especially when there are children involved. Both documents outline the petitioner's desired outcomes regarding the care and welfare of minors. They indicate the petitioner's stance on issues such as custody arrangements, visitation rights, and child support, and are presented to a court that is asked to make a legal determination based on the petitions.
The Petition for Name Change is somewhat similar to the Texas Original Petition for Divorce, specifically in sections where one might request a return to a maiden name or a name used prior to the marriage. Each document requires court approval for a change in legal status—whether altering one’s marital status or changing one’s name officially, demonstrating how legal documents can serve multiple purposes in altering one's personal and legal identity.
Protective Order Applications bear resemblance to the Texas Original Petition for Divorce, particularly when the divorce involves instances of family violence. Both documents can be used to outline allegations of harm or threats and request court intervention. A Protective Order Application, similar to the divorce petition's section on family violence, seeks to legally prevent one party from causing harm to or contacting the petitioner.
Property Division Agreements in the context of divorce proceedings share similarities with the informational and directive aspects of the Texas Original Petition for Divorce, especially concerning the division of assets and debts. While not a formal petition, this agreement outlines how property should be divided, which is a critical component of many divorce petitions that clarify the financial separation and distribution of marital assets.
Financial Affidavit forms used in divorce cases also mirror parts of the Texas Original Petition for Divorce. These affidavits provide a comprehensive look at the financial situation of one or both parties, similar to sections of the divorce petition where financial disclosures are made. Such documents are crucial for fair division of property, determination of child support, and spousal maintenance.
The Application for Waiver of Court Fees, though not identical, relates to the Texas Original Petition for Divorce by addressing the financial aspect of filing for divorce. For parties unable to afford the filing fees, both documents interact within the legal system to facilitate the divorce process, ensuring that financial hardship does not impede access to legal remedies.
Finally, the Acknowledgement of Paternity forms share a particular similarity with sections of the Texas Original Petition for Divorce that deal with children. These forms establish the legal father of a child, which can directly impact divorce proceedings, especially concerning custody, visitation, and child support. Both documents play vital roles in confirming and formalizing aspects related to children's welfare and legal standing within the family structure.
When you're filling out the Texas Original Petition Divorce form, it's important to approach the task with care and attention to detail. This form is your formal request for the dissolution of your marriage, so accuracy and completeness are essential. Below, find a list of do's and don'ts to guide you through the process.
Understanding legal documents can sometimes feel like navigating through a maze. The Texas Original Petition for Divorce form is no exception. With vast amounts of information floating around, it's easy to stumble upon misconceptions. Here, we'll clear up eight common misunderstandings about this form:
Misconception 1: You need a lawyer to file the Texas Original Petition for Divorce. While legal guidance is highly beneficial, especially in complicated cases, individuals can file this petition on their own. However, ensuring that all legal requirements are met is crucial for a smooth process.
Misconception 2: You must have a specific reason for wanting a divorce. Texas allows for "no-fault" divorces, meaning you can file for divorce without blaming your spouse for the breakup. Deterioration of the marriage due to discord or conflict of personalities suffices as a reason.
Misconception 3: A divorce can be finalized immediately after filing the petition. Texas law requires a minimum 60-day waiting period from the date the petition is filed before a divorce can be finalized, except in cases of family violence.
Misconception 4: The form is only applicable if both spouses live in Texas. One spouse must have been a Texas resident for at least six months and a resident of the county where the divorce is filed for at least 90 days. Special rules apply to military families.
Misconception 5: If there's a history of family violence, the waiting period cannot be waived. The court may waive the 60-day waiting period if there's proven family violence through conviction, deferred adjudication, or an active protective order.
Misconception 6: The petitioner must know the respondent's Social Security and driver's license numbers. While these details are requested, a petitioner can proceed without them if unknown. The focus is on providing as much identifying information as possible.
Misconfection 7: The form is for divorces without any children only. Although this form specifically addresses divorces without children or with adult children (for whom custody is not an issue), it's part of a broader set of documents available for all types of divorces.
Misconception 8: Filing this petition will result in an automatic divorce. Filing the petition is merely the first step. The process includes serving the petition to the respondent, possibly going through discovery, and, unless waived, attending a hearing or trial.
Deconstructing these misconceptions helps demystify the divorce process in Texas. It underscores the value of thorough preparation and, where possible, legal consultation to navigate the complexities of family law with confidence.
Filing the Texas Original Petition for Divorce form is a critical step in the legal process of obtaining a divorce in Texas. Here are key takeaways to guide individuals through this process:
Completing and filing the Texas Original Petition for Divorce requires careful attention to detail and an understanding of legal requirements. Individuals are encouraged to seek legal advice if they are uncertain about any part of the process or if their case involves complex issues like child custody, significant assets, or domestic violence.
What Do You Need for a State Inspection - Applicants can find detailed instructions and the privacy policy related to the form on the Texas DPS website, ensuring accessibility and transparency.
Texas Certificate of Insurance - The directive that the form can be reproduced ensures that the certification process is accessible and not hindered by form availability.