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Blank Texas Original Petition Divorce Form

The Texas Original Petition Divorce form serves as a legal document filed by one spouse to initiate divorce proceedings in Texas. This form outlines essential information about both parties, including their names, residency, and the grounds for divorce. Understanding the components of this form is crucial for individuals seeking to navigate the divorce process effectively.

Outline

The Texas Original Petition for Divorce form serves as a critical first step for individuals seeking to dissolve their marriage in Texas. This form outlines essential information about the parties involved, including the names of both spouses, their respective addresses, and relevant identification details such as driver’s license and social security numbers. The form also requires the petitioner to indicate the discovery level, which helps determine the extent of information exchange needed during the divorce process. Legal notice is another key component; the petitioner must specify how they plan to serve the respondent, whether through a sheriff, constable, or another method. Additionally, the form addresses jurisdictional requirements, ensuring that at least one spouse has resided in Texas for a specified duration before filing. For those with children, the form includes sections to disclose any biological or adopted children under 18, as well as provisions for cases involving family violence or protective orders. By completing this form accurately, individuals can initiate the legal process of divorce, paving the way for the court to consider their case and ultimately grant the divorce if appropriate.

Sample - Texas Original Petition Divorce Form

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) ________________________.

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: __________________________________________________________________.

First

Middle

Last

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

Page 1 of 6

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:

________________________________________________________________________________.

Street AddressCityStateZip

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.

None of the above applies.

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.

©TexasLawHelp.org Petition for Divorce – No Children, December 2012

Texas Family Code, Chapter 6

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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 ______________

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.

C.Protective Order in Place

I do have a Protective Order against my spouse. I got the Protective Order in

_______________________ County, _________________ on _________________.

County	State	Date 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 _________________.

County	State	Date 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.

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.

©TexasLawHelp.org Petition for Divorce – No Children, December 2012

Texas Family Code, Chapter 6

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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

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

(Check one box.)

My spouse and I do not have any disabled children over 18.

My spouse and I do have a disabled child over 18.

Pregnancy

(Check one box.)

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.

©TexasLawHelp.org Petition for Divorce – No Children, December 2012

Texas Family Code, Chapter 6

Page 4 of 6

Children Born During the Marriage, but Husband is Not the Father

(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 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:

Child’s name

Age

Date of Birth

Sex

If more than 4 children, list them on another sheet and write Attachment B at the top. Then attach it to this form.

(Check one box.)

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:

(Check one box.)

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.

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 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
(Check one box.)	than a name you used before you got married.
(Check one box.)

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

Texas Family Code, Chapter 6

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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	State	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	City		State	Zip

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.

Texas Family Code, Chapter 6

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Form Information

Fact Name	Details
Cause Number	The Clerk’s office will fill in the Cause Number and Court Number when the form is filed.
Petitioner and Respondent	The form requires the full names of both the spouse filing for divorce (Petitioner) and the other spouse (Respondent).
Discovery Level	Parties must indicate the discovery level, with Level 1 for couples without children and less than $50,000 in property.
Legal Notice	Petitioners must decide how to serve their spouse and may request a Citation of Service from the court.
Jurisdiction Requirements	At least one spouse must have lived in the county for 90 days and in Texas for six months before filing.
Waiver of Waiting Period	If applicable, the petitioner can request to waive the 60-day waiting period due to family violence.
Grounds for Divorce	The petitioner must state that the marriage has become insupportable due to discord or conflict.
Children Considerations	This form is only for couples without children under 18 or still in high school, unless there is a final custody order.

Detailed Guide for Filling Out Texas Original Petition Divorce

Completing the Texas Original Petition for Divorce form is a crucial step in initiating the divorce process. After filling out this form, you will submit it to the appropriate court, which will then handle your case. It's important to ensure that all information is accurate and complete to avoid delays in processing your petition.

Obtain the Form: Download or print the Texas Original Petition for Divorce form from a reliable source.
Fill in the Cause Number: Leave the "Cause Number" section blank; the Clerk’s office will fill this in when you file.
Petitioner Information: In the section labeled "My name is," write your full name, including first, middle, and last name.
Driver’s License and Social Security Numbers: Provide the last three digits of your driver’s license number and social security number. If you do not have either, indicate that clearly.
Respondent Information: Write your spouse's full name in the section labeled "My spouse’s name is."
Select Discovery Level: Check the appropriate box for the discovery level based on your situation.
Legal Notice: Indicate how you plan to serve your spouse with the petition. Fill in the required address and details.
Jurisdiction Information: Confirm your residency and your spouse’s residency by checking the applicable boxes.
Waiver of Waiting Period: If applicable, check the box requesting a waiver of the waiting period due to family violence.
Protective Order Statement: Indicate whether you have a protective order against your spouse and fill in the required details if applicable.
Marriage and Separation Dates: Provide the dates of your marriage and separation in the designated sections.
Grounds for Divorce: State the grounds for your divorce as indicated in the form.
Children Information: Indicate whether you have children together, and if so, fill in their details. If there are no children, check the appropriate box.
Name Change Request: If you wish to change your name back to a name used before marriage, specify the new name. If not, check the box indicating you are not requesting a name change.
Review and Sign: Carefully review all the information for accuracy. Sign and date the form where indicated.

Obtain Answers on Texas Original Petition Divorce

What is the Texas Original Petition for Divorce form?

The Texas Original Petition for Divorce form is a legal document that initiates the divorce process in Texas. It outlines essential details about the marriage, such as the names of both spouses, the grounds for divorce, and any relevant information regarding children, property, and jurisdiction. Completing this form correctly is crucial for a smooth divorce process.
Who should use this form?

This form is intended for couples who do not have children under the age of 18 or children who are still in high school. If you and your spouse have children together, you will need to use a different form specifically designed for divorces involving children. Ensure that you meet the criteria outlined in the form before proceeding.
What information do I need to provide?

When filling out the form, you will need to provide various pieces of information, including:
- Your name and the name of your spouse.
- Your driver's license and social security numbers (or indicate if you do not have them).
- Details about your residency in Texas and the county where you are filing.
- Grounds for divorce, which typically involves stating that the marriage has become insupportable.
It's essential to read each section carefully and provide accurate information to avoid delays in the process.
What is the waiting period for divorce in Texas?

In Texas, there is generally a 60-day waiting period from the time you file your Original Petition for Divorce until the court can finalize the divorce. This waiting period is designed to allow both parties time to consider their decision. However, if there are issues such as family violence, you may request a waiver of this waiting period.
How do I serve my spouse with the petition?

You have a couple of options for serving your spouse with the petition. You can choose to have a sheriff, constable, process server, or clerk deliver the petition. Alternatively, if you believe your spouse will cooperate, you can ask them to sign a Waiver of Service. This option can save time and simplify the process. Make sure to follow the instructions on the form regarding service and any associated fees.

Common mistakes

Filling out the Texas Original Petition for Divorce can be a daunting task. Mistakes can lead to delays or complications in the divorce process. Here are ten common errors to avoid when completing this form.

One frequent mistake is failing to provide complete and accurate names for both spouses. It is essential to print the full first, middle, and last names of both the Petitioner and Respondent. Omitting a middle name or misspelling a name can cause confusion and may delay the proceedings.

Another common error involves the identification of the correct court. It is crucial to ensure that the designated court number matches the jurisdiction where you are filing. If the court number is incorrect, it can lead to misfiling and additional complications.

Many individuals forget to check the appropriate discovery level. The form requires you to select between Level 1 and Level 2 based on specific criteria regarding children and property. Failing to check the correct box can impact how your case is handled.

Additionally, some people neglect to provide their driver's license and social security numbers. While the form allows for the option of stating that you do not have these numbers, leaving these fields blank without explanation may raise red flags.

Another mistake is not being aware of residency requirements. You must confirm that either you or your spouse has lived in the county for at least 90 days and in Texas for at least six months. Failing to meet these criteria can result in the court rejecting your petition.

It's also common for individuals to overlook the section regarding protective orders. If there is any history of family violence, it is vital to disclose this information accurately. Misrepresenting or omitting this can have serious legal implications.

Some people mistakenly check the wrong boxes regarding children. If there are children involved, you must indicate whether they are under 18 or disabled. Misclassifying this information can lead to the need for a different form, prolonging the process.

Another issue arises when individuals fail to provide dates of marriage and separation accurately. These dates are critical for establishing the timeline of your marriage and ensuring that the court has the correct information for your case.

Finally, many individuals forget to sign and date the petition. An unsigned form cannot be processed, resulting in unnecessary delays. Always double-check to ensure that all required signatures are present.

By being aware of these common mistakes, you can help ensure that your Texas Original Petition for Divorce is filled out correctly, making the process smoother and less stressful.

Documents used along the form

The Texas Original Petition for Divorce is an essential document when initiating a divorce in Texas. Along with this form, several other documents may be necessary to support your case. Below is a list of commonly used forms that often accompany the Original Petition for Divorce.

Answer to Petition for Divorce: This document is filed by the Respondent (the spouse who did not file the petition) to respond to the claims made in the Original Petition. It allows the Respondent to present their side of the case and any counterclaims.
Citation: A Citation is a legal notice served to the Respondent, informing them of the divorce proceedings. This document is typically issued by the court and must be delivered to the Respondent to ensure they are aware of the case.
Final Decree of Divorce: This document outlines the terms of the divorce once it is finalized. It includes details about property division, child custody, and support arrangements. Both parties must agree to the terms before the court signs it.
Affidavit of Indigency: If a person cannot afford the court fees, they may file this affidavit to request a waiver. It provides information about their financial situation and asks the court to allow them to proceed without paying fees.
Waiver of Service: This form can be signed by the Respondent to acknowledge receipt of the Original Petition without needing formal service. It streamlines the process and can expedite the divorce proceedings.

Understanding these documents can help you navigate the divorce process more effectively. Each form plays a role in ensuring that both parties are heard and that the divorce is handled fairly. If you have questions about these documents or need assistance, consider reaching out for guidance.

Similar forms

Petition for Divorce with Children: This document is similar to the Texas Original Petition Divorce form but is specifically designed for couples who have children under the age of 18. It includes additional sections to address custody and support issues.
Response to Petition for Divorce: This form is used by the respondent spouse to answer the original petition. It serves to acknowledge receipt of the divorce petition and allows the respondent to present their side of the case.
Final Decree of Divorce: Once the divorce proceedings are complete, this document finalizes the divorce. It outlines the terms agreed upon by both parties regarding property division, custody, and other relevant matters.
Motion for Temporary Orders: This document requests the court to issue temporary orders regarding child custody, support, and other urgent matters while the divorce is pending. It is crucial for immediate needs before the final decree.
Affidavit of Indigency: If one party cannot afford the filing fees, this form is submitted to request a waiver of those fees. It demonstrates financial need and is often used in conjunction with the divorce petition.
Waiver of Service: This document allows the respondent to waive their right to be formally served with the divorce petition. It simplifies the process if both parties agree on the terms of the divorce.
Notice of Hearing: This form is used to inform both parties about the scheduled court hearing regarding the divorce. It ensures that everyone is aware of the date and time, facilitating proper attendance.
Child Support Worksheet: If children are involved, this worksheet calculates the amount of child support that one parent may owe the other. It is a critical part of the divorce process when children are present.
Property Settlement Agreement: This document outlines how the couple's assets and debts will be divided. It is essential for ensuring that both parties understand and agree to the terms before the divorce is finalized.

Dos and Don'ts

When filling out the Texas Original Petition Divorce form, consider the following guidelines:

Do ensure all personal information is accurate, including names and addresses.
Don't leave any sections blank; fill in all required fields to avoid delays.
Do check the appropriate discovery level based on your situation.
Don't forget to include your spouse's information accurately.
Do provide the last three digits of your driver’s license and social security numbers if applicable.
Don't file the form unless you meet the residency requirements for Texas.
Do indicate whether you have children and provide necessary details if applicable.
Don't attempt to change your name to anything other than a name you used before marriage.
Do consult a lawyer if you have questions about child support or paternity issues.

Misconceptions

Misconception 1: The Texas Original Petition for Divorce is only for couples with children.

This form can actually be used by couples without children. If you and your spouse do not have any biological or adopted children under the age of 18 or still in high school, this is the correct form to file. If children are involved, a different form is required.

Misconception 2: You can file the petition anywhere in Texas.

In reality, you must file in the county where either you or your spouse has lived for at least the last 90 days. Additionally, one of you must have resided in Texas for at least six months prior to filing. This ensures that the court has jurisdiction over your case.

Misconception 3: The waiting period for divorce can be waived in all cases.

The 60-day waiting period can only be waived under specific circumstances, such as instances of family violence. If neither spouse has experienced family violence, the waiting period remains in effect.

Misconception 4: You do not need to provide any personal information when filing the petition.

Personal details, such as your name, driver's license number, and social security number, are essential for the petition. This information helps the court identify the parties involved and process the case accurately.

Key takeaways

When filling out the Texas Original Petition for Divorce form, there are several important points to keep in mind:

Cause Number: The court will assign a Cause Number when the form is filed. This number is essential for tracking your case.
Petitioner and Respondent: Clearly identify yourself as the Petitioner and your spouse as the Respondent by providing full names.
Discovery Level: Choose the appropriate discovery level based on your situation. Level 1 is for couples without children under 18 and with limited property.
Legal Notice: Decide how you will serve your spouse with the Petition. This can be done through a sheriff, constable, or process server, or you may anticipate a Waiver of Service.
Jurisdiction Requirements: Ensure that you or your spouse has lived in the county for at least 90 days and in Texas for at least six months before filing.
Waiting Period: A 60-day waiting period for divorce may be waived in cases of family violence. Check the appropriate box if applicable.
Protective Orders: Indicate whether there are any protective orders in place, as this can affect the proceedings.
Children: If you and your spouse have children together, you cannot use this form unless there is already a custody order in place.
Name Change: If you wish to change your name back to a name used before marriage, indicate this on the form. You cannot change it to avoid legal issues.

By carefully considering each of these points, you can ensure that your petition is filled out correctly and meets the necessary legal requirements for a divorce in Texas.