Outline
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is a crucial document for individuals initiating the divorce process in Texas. This form serves as the official request to the court for the dissolution of marriage, outlining essential details such as the names of the parties involved, the date of marriage, and the grounds for divorce. It also addresses issues related to children, property division, and spousal support, making it a comprehensive starting point for those seeking to navigate the complexities of divorce. Completing this form accurately is vital, as it sets the stage for the legal proceedings that follow. Additionally, it is important for individuals to understand their rights and obligations as they fill out this petition, ensuring that all necessary information is provided to facilitate a smooth process. By utilizing this form, petitioners can take the first step towards resolving their marital issues in a structured and legally recognized manner.
Sample - Texas Law Help FM-DivC-100 Original Petition for Divorce Set C Form
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.
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.
My name is: __________________________________________________________________________.
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First |
Middle |
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Last |
I am the Petitioner, the person asking for a divorce. |
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The last three numbers of my driver’s license number are: ___ |
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___. My driver’s license was |
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issued in (State) ________________________. |
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or |
I do not have a driver’s license number. |
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The last three numbers of my social security number are: ___ |
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or |
I do not have a social security number. |
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My spouse’s name is: __________________________________________________________________.
First |
Middle |
Last |
My spouse is the Respondent.
1.Discovery Level
The discovery level in this case, if needed, is: (Check one box.)
Level 1. Check here if you and your spouse have less than $50,000 in property.
Level 2. All other couples check here.
2. Legal Notice (Check one box.)
I think my spouse will sign a Waiver of Service (or Answer). Do not send a sheriff, constable, or process server to serve my spouse with a copy of this Petition for Divorce at this time.
I will have a sheriff, constable, process server or clerk serve my spouse with this Petition for Divorce 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 by “Official Service of Process”). I understand that I will need to pay the fee (or file a Statement of Inability to Afford Payment of Court Costs if I am unable to pay the fee) and arrange for service.
I cannot find my spouse. I ask that my spouse be served by publication. I understand I must file an Affidavit for Citation by Publication and hire a lawyer to serve as attorney ad litem for my spouse.
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3. Jurisdiction
3A.County Residence Requirement
(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 or other government service 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 or other government service outside of Texas, but this county has been the home county of either my spouse or me for at least 90 days.
Note: You cannot file for divorce in Texas 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.
There are special rules for military families and others who are absent from the state due to government service. Get more information at www.TexasLawHelp.org.
3B.Texas Residence Requirement
(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.
I am serving in the armed forces or other government service 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 or other government service outside of Texas, but Texas is the home state of either my spouse or me and has been for at least 6 months.
3C.Personal Jurisdiction over Spouse
(Check one box.)
My spouse lives in Texas.
My spouse does not live in Texas.
(If your spouse does not live in Texas, check any boxes that apply below.)
My spouse agrees that a Texas court can make orders in this divorce, including orders dividing our property and debts. My spouse will file a Waiver of Service (or Answer).
Texas is the last state where we lived together as a married couple. This Petition for Divorce is filed less than two years after we separated.
4. 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 |
5. 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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6. Children Together
My spouse and I do have children together who are under the age of 18 or still in high school. All of our children who are under the age of 18 or still in high school are listed below. However, there is a final court order for custody (conservatorship), visitation, child support and medical support of all the children listed below 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
Child’s name |
Age |
Date of Birth |
Sex |
1.
2.
3.
4.
5.
6.
Note: Do not use this form if you have a court order about your children but:
1)the order does not include all the children you and your spouse have together, or
2)the order is a temporary order, or
3)you are asking the court to make changes to the order.
If one of these situations applies, you must ask a lawyer to draft the appropriate form for your case.
7. Is the Wife Pregnant?
(Check one box.)
The wife in this marriage is not pregnant.
The wife in this marriage is pregnant. I understand that I cannot finish the divorce until after the child is born.
(If the wife is pregnant, also check one box below.)
The husband is the father of this child. I ask the court to include orders for custody, visitation, child support and medical support for the child in the Final Decree of Divorce.
The husband is not the father of this child. I understand that paternity of the child must be established before I can finish my divorce. (Get information about establishing paternity at www.TexasLawHelp.org.)
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8. Did the Wife have a Child with Another Man while Married to the Husband?
(Check one box. Fill in the requested information, if applicable.)
The wife did not have a child with another man while married to the husband.
The wife did have a child 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:
Child’s name |
Age |
Date of Birth |
Sex |
1.
2.
3.
4.
5.
6.
(If the wife had a child or children with another man during the marriage, check one box below,)
Paternity of the child/ren named above has not been established. I understand that paternity of the child/ren must be established before I can finish my divorce. (Get information about establishing paternity at www.TexasLawHelp.org.)
Paternity of the child/ren named above has been established:
(Check one box.)
A court order has established that another man is the biological father and/or the Husband is not the biological father of the child/ren listed above. I understand I must attach a
An Acknowledgement of Paternity was signed by the biological father and a Denial of Paternity was signed by the Husband for the child/ren listed above. I understand I must attach a copy of these documents to my Final Decree of Divorce.
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9.Protective Order Statement (Check the appropriate boxes below. Fill in the requested information.)
Note: You must provide information about any protective order or pending application for protective order
involving you and your spouse or a child of either you or your spouse. This includes information about any: (1) family violence protective order, (2) sexual assault, sexual abuse, trafficking or stalking protective order and/or
(3) emergency protective order issued after an arrest.
You must also attach to this petition a copy of any protective order (even if it’s expired) in which one spouse or child of either spouse was the applicant or victim and the other spouse was the respondent or defendant.
9A. 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.
9B. 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 _________________
Date Filed
in _______________ County, ___________. The cause number is ________________________.
County |
State |
Cause Number |
If my spouse gets a protective order, I will file a copy of it before any hearings in this divorce.
9C. Protective Order in Place
I do have a protective order against my spouse. I got the protective order in
____________________________ County, ______________________ on _________________.
CountyStateDate Ordered
The cause number for the protective order is _________________________________________.
Cause Number
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
_____________________________ County, _____________________ on __________________.
CountyStateDate Ordered
The cause number for the protective order is __________________________________________.
Cause Number
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.
10. Waiver of Waiting Period Based on Family Violence (Check only if applicable.)
I ask the Court to waive the
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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11. Property and Debt
Note: It is important to talk with lawyer if you or your spouse has a house, land, business, retirement funds, other valuable property or debt. Getting advice from a lawyer now can save you time and money in the long run.
About community property: Texas is a community property state. This means that any new property that either spouse gets from the minute they are married until the minute the judge grants the divorce is probably community property, even if the property is only in one spouse’s name.
About separate property: Property owned by a spouse before the marriage is that spouse’s separate property. In addition, if either spouse receives a gift, an inheritance, or a recovery for personal injuries that occurred during the marriage (not including a recovery for lost wages or medical expenses); it is that spouse’s separate property. There are exceptions to these general rules. If you have questions talk to a lawyer.
About retirement: Retirement funds (such as 401k, pension, profit sharing, stock option plans and IRAs) earned by either spouse during the marriage are usually considered to be community property that can be divided by the court. This is true even if you or your spouse has not yet retired. If you want the Court to divide retirement funds (other than an IRA), you will need to have the Court sign an additional form, usually called a “Qualified Domestic Relations Order” (QDRO), to make the division effective. You should have the QDRO prepared before you go to court, so the judge can sign it when you finish your divorce. A QDRO form is not included with this divorce set. You may be able to get a sample QDRO form from the employer or retirement fund administrator. If not, you should hire a lawyer to draft the QDRO form. If you use the employer or retirement fund administrator’s QDRO form, you should still have a lawyer review it to make sure you are not giving up important benefits. Note: If you and your spouse plan to keep your own retirement funds or do not have retirement funds, you do not need a QDRO.
About debt: A creditor’s right to collect a debt is not affected by a divorce decree. So, if the Court orders your spouse to pay a debt (such as a mortgage) that is in both of your names but your spouse doesn’t pay it, the creditor can still seek payment from you. Ask a lawyer how to protect yourself in this situation.
11A. Community Property and Debt
If my spouse and I can agree about how to divide the property and debts we got during our marriage, I ask the Court to approve our agreement. If we cannot agree, I ask the Court to divide our community property and debts according to Texas law.
11B. Separate Property
I own the following separate property. I owned this property before I was married or I received this property as a gift or inheritance during my marriage or I received this property as recovery for personal injuries that occurred during the marriage (not including any recovery for lost wages or medical expenses). I ask the Court to confirm this property as my separate property.
(Fill in all lines. If you have no property to list in a particular category, write “none.”)
House or land located ___________________________________________________________________
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Cars, trucks, motorcycles or other vehicles |
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Make |
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Vehicle Identification No. [VIN]- |
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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:
Money I received as recovery for personal injuries that occurred during the marriage that was not for lost wages or medical expenses:
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12. Name Change
(Check one box.)
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:
_________________________________________________________________________________.
First |
Middle |
Last |
13. Request for Judgment
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 |
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Mailing Address |
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Email Address: |
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(if any) |
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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 or email address changes during these divorce proceedings. If I don’t, any notices about this case including the dates and times of hearings will be sent to me at the mailing address or email address above.
Note: For a referral to a lawyer call your local lawyer referral service
or the State Bar of Texas Lawyer Referral Information Service at
For information about free and
or call the Legal Aid office serving your area:
Legal Aid of Northwest Texas
Lone Star Legal Aid
Texas Rio Grande Legal Aid
If you have been the victim of family violence, or if at any time you feel unsafe, get help by calling the:
National Domestic Violence Hotline at
Texas Family Violence Legal Line at
Advocates for Victims of Crime (AVOICE): at
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Form Information
| Fact Name | Description |
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| Form Purpose | The FM-DivC-100 form is used to initiate a divorce proceeding in Texas. |
| Governing Law | This form is governed by the Texas Family Code. |
| Eligibility | Either spouse must have lived in Texas for at least six months before filing. |
| Filing Location | The form must be filed in the district court of the county where either spouse resides. |
| Required Information | Basic information about both spouses and any children must be provided. |
| Filing Fee | A filing fee is typically required, though it may vary by county. |
| Service of Process | After filing, the other spouse must be formally notified of the divorce proceedings. |
| Response Time | The other spouse has 20 days to respond after being served with the petition. |
| Additional Documents | Other documents, such as a Final Decree of Divorce, may be needed later in the process. |
Detailed Guide for Filling Out Texas Law Help FM-DivC-100 Original Petition for Divorce Set C
Filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is an essential step in initiating the divorce process in Texas. Once you've completed this form, you will be ready to file it with the court, which is the next crucial step in your journey.
- Begin by entering your full name in the designated space at the top of the form.
- Next, provide your spouse's full name in the corresponding section.
- Fill in your current address, including the city, state, and zip code.
- Indicate the county where you reside and the county where your spouse lives, if different.
- State the date of your marriage and the date of separation.
- List any children you have together, including their names and birth dates.
- Specify the grounds for divorce, such as insupportability or another reason recognized by Texas law.
- Detail any requests for child custody, child support, or property division.
- Sign and date the form at the bottom, ensuring that you include your printed name next to your signature.
- Review the form for any errors or missing information before finalizing it.
Obtain Answers on Texas Law Help FM-DivC-100 Original Petition for Divorce Set C
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What is the FM-DivC-100 Original Petition for Divorce Set C form?
The FM-DivC-100 form is a legal document used in Texas to initiate the divorce process. It is specifically designed for individuals seeking a divorce when there are no children involved. This form outlines the basic information regarding the marriage, the grounds for divorce, and the relief sought by the petitioner.
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Who can use this form?
This form is intended for individuals who meet the following criteria:
- They are residents of Texas.
- They have been married for at least 60 days.
- They do not have any children together.
It is important to ensure that all eligibility requirements are met before filing.
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How do I fill out the form?
To complete the FM-DivC-100 form, follow these steps:
- Provide your personal information, including your name, address, and contact details.
- Include information about your spouse, such as their name and address.
- State the grounds for divorce, which in Texas can include insupportability, adultery, or abandonment.
- Specify any requests for property division or spousal support, if applicable.
Be sure to review the form for accuracy and completeness before submission.
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Where do I file the completed form?
The completed FM-DivC-100 form should be filed with the district clerk's office in the county where you or your spouse resides. Each county may have specific filing procedures, so it is advisable to check with the local clerk's office for any additional requirements.
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What happens after I file the petition?
Once the petition is filed, the court will issue a citation, which must be served to your spouse. This informs them of the divorce proceedings. After your spouse is served, they have a limited time to respond. If they do not respond, you may be able to proceed with an uncontested divorce.
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Can I represent myself when using this form?
Yes, individuals can represent themselves in divorce proceedings, a practice known as appearing pro se. However, it is recommended to seek legal advice or assistance, especially if there are complex issues regarding property or finances. Understanding the legal process can significantly impact the outcome of your case.
Common mistakes
Filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form can be a daunting task. Many individuals make common mistakes that can lead to delays or complications in their divorce proceedings. Understanding these pitfalls can help ensure a smoother process.
One frequent mistake is failing to provide complete information. When filling out the form, it's essential to include all relevant details about both parties. Incomplete information can result in the court needing to request additional documentation, which can prolong the process.
Another common error is not correctly identifying the grounds for divorce. Texas law allows for both fault and no-fault divorces. Selecting the wrong option can lead to confusion and may require further clarification from the court.
People often overlook the importance of accurate dates. For example, the date of marriage and the date of separation must be precise. Errors in these dates can complicate the division of assets and custody arrangements.
Additionally, some individuals forget to sign the petition. A signature is crucial as it signifies that the information provided is true and accurate to the best of one’s knowledge. Without a signature, the court may reject the petition outright.
Misunderstanding jurisdiction is another mistake that can have serious consequences. It's vital to ensure that the petition is filed in the correct county where either spouse resides. Filing in the wrong location can lead to dismissal of the case.
Many people also fail to include necessary attachments or supporting documents. These may include financial disclosures or evidence of residency. Neglecting to provide these documents can delay the process and may require additional court appearances.
Finally, not seeking assistance when needed can be a significant oversight. Many individuals feel overwhelmed by the process and may not realize that resources are available to help. Seeking guidance can clarify questions and ensure the form is completed correctly.
By being aware of these common mistakes, individuals can approach the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form with greater confidence and accuracy. Taking the time to review and verify each section can lead to a more efficient and effective divorce process.
Documents used along the form
When navigating the process of divorce in Texas, several forms and documents are essential alongside the FM-DivC-100 Original Petition for Divorce Set C. Each document serves a specific purpose, ensuring that all legal requirements are met and that the process runs smoothly.
- FM-DivC-101: Citation - This document officially notifies the other party that a divorce petition has been filed. It provides information on how to respond and outlines the timeline for doing so.
- FM-DivC-102: Answer - The Answer form is used by the responding party to address the claims made in the Original Petition. It allows them to agree, disagree, or provide additional information about the divorce.
- FM-DivC-103: Waiver of Service - This form is signed by the responding party to waive their right to receive formal notice of the divorce proceedings. It can speed up the process if both parties agree.
- FM-DivC-104: Final Decree of Divorce - This document finalizes the divorce. It outlines the terms agreed upon by both parties, including asset division, custody arrangements, and support obligations.
- FM-DivC-105: Temporary Orders - Temporary Orders may be requested to establish guidelines for living arrangements, child custody, and financial responsibilities while the divorce is pending.
- FM-DivC-106: Affidavit of Indigency - If a party cannot afford court fees, this affidavit allows them to request a waiver of those fees, ensuring access to legal proceedings regardless of financial status.
- FM-DivC-107: Child Support Worksheet - This worksheet helps calculate child support obligations based on income, expenses, and custody arrangements, ensuring that children's needs are met post-divorce.
Understanding these documents is crucial for anyone involved in a divorce. Each plays a vital role in ensuring that the process is fair and that both parties' rights are protected. Properly completing and submitting these forms can help facilitate a smoother divorce experience.
Similar forms
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is a key document in the divorce process. Here are four other documents that are similar to it:
- FM-DivC-101: Answer to Original Petition for Divorce - This document is used by the responding spouse to formally reply to the divorce petition. It addresses the claims made in the original petition and outlines any defenses or counterclaims.
- FM-DivC-102: Motion for Temporary Orders - This form requests immediate court orders regarding issues like child custody, support, or property during the divorce process. It is similar in purpose as it seeks to establish legal guidelines while the divorce is pending.
- FM-DivC-103: Final Decree of Divorce - This document finalizes the divorce. It outlines the terms agreed upon or decided by the court, similar to the Original Petition as it represents a formal request to the court regarding the divorce outcome.
- FM-DivC-104: Joint Petition for Divorce - This form is used when both spouses agree to the divorce terms and file together. Like the Original Petition, it initiates the divorce process but reflects mutual consent rather than a unilateral request.
Dos and Don'ts
When filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, there are several important considerations to keep in mind. Below is a list of things to do and things to avoid.
- Do read the instructions carefully before starting.
- Do provide accurate and complete information.
- Do use clear and legible handwriting or type the information.
- Do check for any required signatures before submitting.
- Do keep a copy of the completed form for your records.
- Don't leave any sections blank unless instructed to do so.
- Don't use jargon or abbreviations that may not be understood.
- Don't forget to include your contact information.
- Don't submit the form without reviewing it for errors.
- Don't ignore deadlines for filing the petition.
Following these guidelines can help ensure that the petition is completed correctly and efficiently. This will facilitate the divorce process and reduce the likelihood of delays.
Misconceptions
Understanding the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form can be challenging. Here are some common misconceptions that people may have:
- It is only for couples with children. Many believe this form is exclusively for those with children. In reality, it can be used by couples without children as well.
- Filing this form guarantees a quick divorce. Some think that submitting the form will lead to an immediate resolution. However, the divorce process involves multiple steps and can take time, depending on the circumstances.
- You need a lawyer to file this form. While having legal representation can be beneficial, it is not a requirement. Individuals can file the form on their own if they choose to do so.
- This form is the same for all counties in Texas. There is a misconception that the form is uniform across the state. However, some counties may have specific requirements or additional forms to complete.
Clarifying these misconceptions can help individuals navigate the divorce process more effectively. Understanding the purpose and requirements of the FM-DivC-100 form is essential for anyone considering this step.
Key takeaways
Filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is a crucial step in the divorce process. Here are key takeaways to consider:
- Understand the purpose of the form. It initiates the divorce process by formally requesting the court to grant a divorce.
- Gather necessary information before starting. This includes details about your marriage, children, and any property or debts.
- Complete all required sections. Ensure that every part of the form is filled out accurately to avoid delays in processing.
- Be clear and concise in your responses. Use straightforward language to describe your situation and requests.
- Review the form for accuracy. Double-check all entries for spelling and factual correctness before submission.
- File the petition with the appropriate court. Submit the completed form to the court that has jurisdiction over your case.
- Pay any required filing fees. Be prepared to cover the costs associated with filing the petition.
- Keep copies of all documents. Retain a copy of the filed petition and any other related paperwork for your records.