The Texas Original Petition Divorce form is a legal document that initiates the divorce process in Texas. It requires specific information about both spouses, including names, residency, and grounds for divorce. Completing this form accurately is crucial for a smooth legal proceeding; click the button below to start filling it out.
The Texas Original Petition for Divorce form serves as a crucial document for individuals seeking to initiate the divorce process in Texas. This form requires the petitioner to provide essential personal information, including names, addresses, and identification details, such as driver’s license and social security numbers. It also includes sections that address the discovery level, which determines the extent of information sharing between parties, and legal notice, outlining how the respondent will be served with the petition. Additionally, the form assesses jurisdiction, confirming residency requirements for both spouses, which is vital for the court's authority to process the case. For those facing unique circumstances, such as military service or family violence, the form offers specific options to address these situations. Furthermore, it inquires about the marriage's dates, grounds for divorce, and any children involved, ensuring that all relevant factors are considered. By completing this form accurately, individuals can take the first step toward resolving their marital issues in a structured and legally recognized manner.
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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After completing the Texas Original Petition for Divorce form, you will need to file it with the appropriate court. The court will then process your petition and inform you about the next steps, including serving your spouse with the petition. Make sure to keep copies of all documents for your records.
The Texas Original Petition Divorce form is a legal document used to initiate the divorce process in Texas. It outlines the basic information about the parties involved, the grounds for divorce, and any relevant details regarding property, children, or protective orders. This form is essential for filing a divorce petition in the appropriate court.
Any individual who meets the residency requirements can file this form. Specifically, either the petitioner or the respondent must have lived in Texas for at least six months and in the county where the divorce is filed for at least 90 days. Special provisions exist for military families, allowing them to file even if they are stationed outside of Texas, provided Texas remains their home state.
To complete the Texas Original Petition Divorce form, you will need to provide:
If you and your spouse have children under the age of 18 or who are still in high school, you cannot use this form. Instead, you must file a Petition for Divorce with Children. This ensures that the court addresses custody and support issues appropriately. If there is already a final court order regarding custody and support, you must attach a copy of that order to your final decree of divorce.
The discovery level indicates the extent of information and documentation that will be exchanged between the parties during the divorce process. You should choose Level 1 if:
If any of these conditions do not apply, you should select Level 2.
You can request a name change through the Texas Original Petition Divorce form, but it must be a name you used before your marriage. You cannot change your name to evade legal issues or creditors. If you wish to revert to your previous name, you will need to specify that on the form.
Incorrect Names: Failing to write the correct full names of both spouses can lead to confusion. Ensure that both the first, middle, and last names are accurately printed.
Driver’s License and Social Security Numbers: Omitting or incorrectly entering the last three digits of your driver’s license or social security number can cause delays. Double-check these numbers for accuracy.
Discovery Level Selection: Choosing the wrong discovery level can impact the case process. Make sure to select the appropriate level based on your circumstances.
Service of Process Details: Providing an incorrect address for serving your spouse can lead to complications. Ensure that the address is complete and accurate.
Jurisdiction Requirements: Not meeting residency requirements can lead to your petition being dismissed. Confirm that you or your spouse has lived in the county for the required time.
Failure to Address Children: If there are children involved, not filling out the children section correctly can result in legal issues. Be thorough and accurate in this section.
The Texas Original Petition for Divorce is a crucial document in the divorce process. However, several other forms and documents may be required or helpful to complete the divorce proceedings effectively. Below is a list of commonly used forms that accompany the Texas Original Petition for Divorce.
Each of these documents plays a significant role in the divorce process, ensuring that both parties' rights are protected and that the court has the necessary information to make informed decisions. It is important to understand the purpose of each document and to prepare them accurately to facilitate a smoother divorce experience.
The Texas Petition for Divorce with Children is a document used when couples with minor children seek a divorce. This form shares similarities with the Original Petition for Divorce but includes additional sections specifically addressing child custody, visitation rights, and child support. The petitioner must provide details about the children, including their names and ages, and outline any existing court orders related to custody and support. This ensures that the court has all necessary information to make informed decisions regarding the welfare of the children involved.
The Texas Answer to Petition for Divorce is another document that complements the Original Petition. This form is filed by the responding spouse to address the claims made by the petitioner. Like the Original Petition, it requires personal information and may include the respondent's stance on various issues such as property division, child custody, and support. The Answer is crucial for ensuring that both parties have the opportunity to present their side of the story in the divorce proceedings.
The Texas Final Decree of Divorce is the concluding document in the divorce process. Once the court has reviewed all information and made decisions on various matters, this decree finalizes the divorce. It resembles the Original Petition in that it includes essential details about the parties and the marriage, but it focuses on the outcomes of the divorce rather than the initiation. The Final Decree serves as the official record of the divorce, outlining the terms agreed upon by both parties or determined by the court.
The Texas Motion for Temporary Orders is a document filed when one spouse seeks immediate relief during the divorce process. This form is similar to the Original Petition as it requires details about the marriage and the parties involved. However, it focuses on temporary arrangements regarding child custody, support, and property division until a final decision is made. This document is essential for ensuring that immediate needs are addressed while the divorce proceedings are ongoing.
The Texas Affidavit of Indigency is a form used by individuals who cannot afford the filing fees associated with divorce. This document is similar to the Original Petition in that it requires personal information and details about the individual’s financial situation. By submitting this affidavit, the petitioner can request a waiver of fees, allowing them to proceed with the divorce without the financial burden. This is especially important for those who may otherwise be unable to access the legal system.
The Texas Waiver of Service is a document that allows one spouse to agree to receive the divorce petition without formal service. This form is related to the Original Petition as it streamlines the process by eliminating the need for a sheriff or process server. By signing the waiver, the respondent acknowledges receipt of the divorce papers and agrees to participate in the proceedings. This can help expedite the divorce process and reduce costs for both parties.
When filling out the Texas Original Petition for Divorce form, there are several important guidelines to follow. Adhering to these suggestions can help ensure a smoother process.
This form cannot be filed unless at least one spouse has lived in Texas for the last six months and in the county where the divorce is filed for at least the last 90 days. This requirement ensures that the court has jurisdiction over the case.
This petition is specifically designed for couples without children under 18 or still in high school. If children are involved, a different form must be used.
The form only allows a name change to a name used before marriage. You cannot change your name to avoid creditors or criminal prosecution.
The Texas Original Petition for Divorce form is essential for initiating the divorce process in Texas.
Ensure that you fill in your name as the Petitioner and your spouse's name as the Respondent accurately.
Check the appropriate discovery level based on your situation, especially if children are involved or if you have significant property.
Legal notice must be served to your spouse. You can choose to have a sheriff or process server deliver the petition, or you may ask your spouse to sign a Waiver of Service.
Confirm that you meet the residency requirements. You or your spouse must have lived in the county for at least 90 days and in Texas for at least six months.
If applicable, you can request a waiver of the 60-day waiting period for divorce due to family violence.
Be aware of any protective orders. Indicate if you have one in place or if you are seeking one.
If you have children together, this form is not appropriate unless there is a final court order for custody and support.