Texas Divorce Package for Adult Children

District Court State of Texas Divorce Package - Adult Children

Control Number TX-004-D

This packet contains the following:

1. Information about Divorce
2. Form List
3. Form Explanations
4. Instructions and Steps
5. Checklist
6. Access to Law Summary

You and your spouse must agree to all terms of the divorce to use this packet.

ALL FORMS MUST BE PRINTED ON BOND PAPER

Information About Divorce

1. Who can use these forms: You may use this package for divorce only when all of the following facts are true:

(a) The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

(b) There are no minor children. All children are adults.

(c) You and your spouse agree on all terms of the divorce.

(d) The residency requirements are met.

2. The basics: In a typical divorce, there are basically two requirements that must be met before you can file for a divorce. Those requirements are below:

(a) You must satisfy the residency requirements.

(b) You must satisfy the no-fault procedures.

3. Residency requirements: A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period.

4. Grounds for divorce:

Insupportability - On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

Cruelty - The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.

Adultery - The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.

Conviction of felony - The court may grant a divorce in favor of one spouse if during the marriage the other spouse has been convicted of a felony, imprisoned for at least one year, and not pardoned.

Abandonment - The court may grant a divorce in favor of one spouse if the other spouse left the complaining spouse with the intention of abandonment and remained away for at least one year.

Living apart - The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.

Confinement in mental hospital - The court may grant a divorce in favor of one spouse if the other spouse has been confined in a state or private mental hospital for at least three years and adjustment is unlikely or relapse is probable.

5. Distribution of property: Since this is an agreed upon divorce, the parties will have agreed to property distributions.

6. Waiting period: The court may not grant a divorce before the 60th day after the date the suit was filed.

7. Name change: Whenever a decree of divorce is granted, the Court may restore to the wife her birth name or prior surname, or allow another surname if not sought with fraudulent or evil intent.

8. Remarriage: Neither party may marry a third party before the 31st day after the date the divorce is decreed. Former spouses may marry each other at any time.

Forms List

1. Petition for Divorce (TX-801D)
2. Waiver of Citation (TX-803D)
3. Final Decree of Divorce (TX-804D)
4. Notice of Oral Hearing (TX-806D)
5. Order Setting Hearing Date (TX-807D)
6. Civil Case Information Sheet (TX-829D)
7. Information on Suit Affecting the Family Relationship (TX-VS-165)
8. Sample Testimony (TX-830D)

A Civil Cover Sheet, financial statement or other County specific forms may be required in your County. If so, they should be available from the Clerk.

Form Explanations

1. Petition for Divorce (TX-801D) - The Petition for Divorce is the document in which you are asking the court to grant your divorce along with any other relief requested.

2. Waiver of Citation (TX-803D) - This document is used by the Defendant to acknowledge receipt of the Petition for Divorce and to enter an appearance. It is further used to acknowledge that the allegations contained in the Petition for Divorce are true and to request that the Court grant a Decree of Dissolution of Marriage pursuant to the terms of Petitioner's Petition at any time and without further notice to Respondent.

3. Final Decree of Divorce (TX-804D) - This document is the final document and grants the divorce. It is signed by the Judge after hearing.

4. Notice of Oral Hearing (TX-806D) - This document is used to provide notice to parties of the date, time and place of a hearing to be held on the original petition for divorce.

5. Order Setting Hearing Date (TX-807D) - This document is used by the court to order the date, time and place of a hearing on an original petition for divorce.

6. Civil Case Information Sheet (TX-829D) - This document is used by the court to obtain information about the Defendant and the Respondent.

7. Information on Suit Affecting the Family Relationship (TX-VS-165) - This document is used to notify the State of Texas that a divorce has occurred and between whom.

8. Sample Testimony (TX-830D) - This document is a sample testimony form. You must read this testimony to the judge when you go to court to finish your divorce.

Instructions and Steps

Note: If a form contains a space for the signature of a Notary Public, it must be signed by you (and if necessary by your spouse) in front of a Notary Public, who must notarize the document.

Prepare an original and several copies of each of your completed documents. Your spouse should have a copy of everything you file, stamped “filed” by the clerk. You should keep copies and the court must have originals.

Step 1: The filing party should complete the Petition for Divorce. The Petition for Divorce is then filed with the District Court Clerk. A filing fee is paid. Advise the clerk that the Defendant will sign a waiver of citation and not to issue a summons.

Step 2: You should then provide the Defendant with a copy of the filed Petition and the original and one copy of the Waiver of Citation, as well as the original Judgment.

Step 3: The Defendant should sign the Waiver of Citation before a notary public. Both parties should complete and sign the Judgment.

Step 4: The Petitioner should next file the Waiver of Citation with the Clerk.

Step 5: Wait at least 60 days from the filing of the Petition. Then ask the Clerk for a hearing date to present the agreed Judgment to the Court.

Step 6: Next, make four copies of the Judgment, then attend the hearing and answer any questions from the Court. Both parties may attend. After the hearing, present the original Judgment to the Court for signature.

Step 7: File the signed Judgment with the Clerk and obtain several certified copies as proof of the divorce. Complete any required statistical forms provided by the Clerk.

Checklist

Petition for Divorce completed and filed with Clerk of Court.

Filing fee paid.

Copy of Petition for Divorce and Waiver form provided to the Respondent.

Respondent signs Waiver and returns form to Petitioner.

Both parties complete, agree and sign the Judgment.

Petitioner files Answer and Waiver with Clerk.

Wait more than 60 days and then ask the Clerk for a hearing date.

Hearing held and Judgment signed.

Judgment filed with the Clerk.

Certified copies of Judgment of Divorce obtained as proof of the divorce.

Completing the Forms

The forms in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand.

If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar.

Some forms are locked which means that the content of the forms cannot be changed unless the form is unlocked. If you intend to make changes to the content, do so before you begin to fill in the fields.

Law Summary

You may access the law summary for your State by using the link below:

http://secure.uslegalforms.com/lawsummary/TX/TX-004-D.htm

Disclaimer

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Texas. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk.

These materials are provided "as is" without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose.

These forms were prepared for statewide use. However, some counties or judges may require certain modifications to the forms for use in your particular county and may require special forms not included.

Petition for Divorce

Cause Number:

In the District Court of:

Petitioner:

Respondent:

Date of Marriage:

Date of Separation:

Petitioner Address:

Respondent Address:

Property Division Agreement:

Name Change Requested: Yes

New Name:

Signature Sections

Notary Acknowledgment:

Final Decree of Divorce

Judge:

Hearing Date:

Decree Provisions:

Additional Notes: