Can I e-sign this petition?

Possibly, but family-law filings are often subject to court or local rule exceptions to electronic execution. Check the local court clerk and ESIGN/UETA applicability; some jurisdictions require in-person signatures, notarization, or court-approved e-filing workflows.

What if the respondent cannot be located?

If personal service is not possible, most jurisdictions allow substituted or constructive service after approved attempts and court permission; follow local rules closely to avoid dismissal for lack of service.

Do I need a notarized signature?

Many pleadings do not require notarization, but specific declarations, affidavits, or parenting agreements often must be notarized; verify local family-court and county clerk requirements.

What supporting documents should I attach?

Common attachments include child birth certificates, income and expense affidavits, proposed parenting plan, and any existing orders. Attach items required by local form sets to prevent processing delays.

How do I correct a filed petition?

File an amended petition or motion to correct clerical errors per local rules; some courts permit corrected filings without re-service for minor mistakes, but substantive changes may require service or notice.

What if I miss a deadline?

Missing response or disclosure deadlines risks default judgments, sanctions, or evidentiary limitations. Seek immediate relief by filing a motion explaining the cause and requesting extension or relief.

Electronic Signature
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Petition for Divorce with Children

Petition for Divorce with Children

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

Original Petition for Divorce

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.

IN THE MATTER OF THE MARRIAGE OF

Petitioner:

And

Respondent:

Cause Number:

In the

District Court

County Court at Law

AND IN THE INTEREST OF: (List all children you and your spouse have together who are under 18 or still in high school.)

Print your answers.

My name is:

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: or I do not have a social security number.

My spouse’s name is:

1. Discovery Level

The discovery level in this case, if needed, is Level 2.

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 Address City State Zip

If this is a work address, name of business:

I ask the clerk to issue a Citation of Service.

I cannot find my spouse. I ask that my spouse be served by publication.

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.

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.

My spouse agrees that a Texas court can make orders in this divorce.

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.

The children live in Texas because of my spouse’s actions.

My spouse has lived in Texas with the children.

My spouse has lived in Texas and provided prenatal expenses or support for the children.

My spouse had sexual intercourse in Texas, and the children may have been conceived by that act of intercourse.

Our child was born in Texas and my spouse registered with the paternity registry or signed an acknowledgment of paternity.

My spouse will be personally served with citation in Texas.

4. Dates of Marriage and Separation

My spouse and I got married on or about:

We stopped living together as spouses on or about:

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.

6. Children

6A. Children Husband and Wife have Together

Child’s name Date of Birth Place of Birth State where child lives now

6B. Jurisdiction over Children (Check one box.)

The children live in Texas now and have lived in Texas for at least the past 6 months or since birth.

The children do not live in Texas now but they have been gone from Texas less than 6 months.

None of the above apply.

There are no court orders about any of the children listed above. No other Court has continuing jurisdiction over this case or the children.

6C. Children’s Property (Check one box.)

The children do not own any property of significant value in their own name.

The children own the following property of significant value in their own name:

6D. Children’s Health Insurance

have private health insurance.

Name of insurance company:

Policy number: Cost of premium: $

Name of person who pays for insurance:

The insurance policy is is not available through the parent’s work.

have health insurance through Medicaid.

have health insurance through C.H.I.P. Cost of premium (if any): $

do not have health insurance.

Private health insurance is is not available to Father at a reasonable cost.

Private health insurance is is not available to Mother at a reasonable cost.

6E. Conservatorship (Custody) of the Child/ren

I ask the court to make conservatorship orders as follows: a. Joint Managing Conservators b. Mother Sole Managing Conservator c. Father Sole Managing Conservator

Father should have the exclusive right to designate the primary residence of the child/ren within:

Mother should have the exclusive right to designate the primary residence of the child/ren within:

Neither parent should have the exclusive right to designate the primary residence but both parents should be ordered not to move the child/ren out of:

6F. Possession of and Access to the Child/ren (Visitation)

Father should have “standard visitation.”

Mother should have “standard visitation.”

“Standard visitation” would be unworkable or inappropriate. Possession and access should be as follows:

I am concerned about the safety of the children with the other parent.

exchanges of the child/ren be supervised, or in the alternative, be in a public place.

the other parent’s possession be limited to day visits.

the other parent’s possession be supervised.

the other parent have no right to possession or access.

the other parent be ordered not to use alcohol or illegal drugs 24 hours prior to or during possession.

the other parent’s possession and access be restricted as follows:

One or more of the children is under 3. Until the child turns 3, possession should be as follows:

I am concerned that the other parent may take the child/ren to another country and refuse to return them.

6G. Child Support and Medical Support for the Child/ren

I ask the court to make appropriate orders for the financial support of the child/ren, including regular child support and medical support and, if supported by the evidence, retroactive child support.

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.

The husband is the father of this child.

The husband is not the father of this child.

8. Did the Wife have a Child with Another Man while Married to the Husband?

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.

Child’s name Age Date of Birth Sex

9. Protective Order Statement

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.

Date Filed County State Cause Number

My spouse has filed paperwork asking for a protective order against me, but a judge has not decided if my spouse will get it.

Date Filed County State Cause Number

9C. Protective Order in Place

I do have a protective order against my spouse.

County State Date Ordered

Cause Number

My spouse does have a protective order against me.

County State Date Ordered

Cause Number

10. 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.

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.

11. Property and Debt

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

House located

Land located at:

Cars, trucks, motorcycles or other vehicles

Year Make Model Vehicle Identification No. [VIN]

Other money or personal property:

Money I received as recovery for personal injuries:

12. Name Change (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.

New name:

13. Public Benefits (Check any boxes that apply.)

The child/ren have Medicaid now or had it in the past.

The child/ren (or someone on behalf of the child/ren) get TANF now or got it in the past.

14. Family Information (Check only if applicable.)

I ask the Court to order that I not have to give my spouse certain information and to keep this information confidential.

home address

mailing address

employer

work address

home phone #

work phone #

social security #

driver’s license #

15. 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 Signature

Date

Petitioner’s Name (Print)

Phone

Mailing Address

City

State

Zip

Email Address

Fax # (if available)

16. Certificate of Service to Attorney General

I will deliver a copy of this Petition for Divorce to the Office of the Attorney General Child Support Division.

Petitioner’s Signature

Date

What the Petition for Divorce with Children Is

The Petition for Divorce with Children is a court filing that initiates a dissolution of marriage when minor children are involved. It sets out the petitioner’s request for termination of the marriage and proposes arrangements for child custody, visitation, child support, and parenting time. The petition establishes the legal framework the court will use to address parental responsibilities, financial support, and decision-making for the children. It typically triggers service on the respondent and the start of court schedules for temporary orders, discovery, and hearings on final resolutions.

Why a Clear Petition Matters for Families

A well-prepared Petition for Divorce with Children clarifies parental requests, reduces procedural delays, and protects children's interests; it also creates a clear record for temporary orders and final judgment.

Who Typically Prepares and Files This Petition

The petition is used by individuals and attorneys to start a family-law case where minor children are involved.

Self-represented litigants who need to initiate custody and support proceedings without an attorney.
Family law attorneys preparing pleadings, temporary request schedules, and settlement proposals for clients.
Mediators or parenting coordinators drafting or reviewing proposals for inclusion before filing.

Proper preparation helps the court evaluate child-focused issues and supports enforceable orders for custody and support.

Core Parts of a Professional Petition for Divorce with Children

A complete petition organizes factual background, jurisdictional statements, and specific requests for parenting time, custody, support, and temporary relief so the court can schedule hearings and enter enforceable orders.

Caption

Court name, county, case number space, and party names; accurate caption ensures the document is accepted by the clerk and routed correctly.

Jurisdiction

Statements showing residency and venue facts; courts require jurisdictional predicates before hearing child custody or support matters.

Child Information

Full names, dates of birth, and current residence of all minor children to identify issues and determine court jurisdiction and support guidelines.

Relief Requested

Clear numbered requests for custody, parenting time, temporary orders, support, allocation of expenses, and any other specific remedies sought from the court.

Financial Disclosures

Income, employment, assets, debts, and proposed child support calculations or worksheet attachments required for support determinations.

Signature Block

Petitioner’s signature, date, and contact information plus verification or declaration language required by the jurisdiction for sworn statements.

Step-by-Step: Filing the Petition

Follow a consistent sequence to ensure timely filing, proper service, and initial court scheduling for temporary and final orders.

01

Prepare Petition: Complete petition, exhibits, and required local forms.
02

File With Court: Submit to the family court clerk and pay filing fee.
03

Serve Respondent: Arrange service of process per state rules.
04

Request Hearings: Schedule temporary relief and case management hearings.

How the Petition Moves Through Court Processes

Understanding the typical document flow helps anticipate deadlines, temporary orders, and evidentiary exchanges required during the case.

Clerk Intake: Clerk assigns case number and files the petition.
Service Confirmation: Proof of service or acknowledgment is filed with the court.
Temporary Orders: Judge may issue temporary custody or support orders.
Final Adjudication: Final hearing or settlement results in decree or judgment.

Configuring a Digital Workflow for This Petition

A repeatable digital workflow reduces errors: designate fields, required attachments, signer order, and proof-of-service steps before sending.

Field	Configuration
Signers	Petitioner first; respondent receives service or signing link
Required Attachments	Birth certificates, financial affidavits, parenting plan
Authentication	Use email or SMS code; stronger auth for court filings
Retention	Store audit trail and signed PDF for the record

Technical Options for Sharing and Signing

Choose a platform that supports secure PDF export, audit trails, and appropriate signer authentication for court submission.

PDF Support: Export signed documents as PDF/A
Audit Trail: Capture timestamps, IP, and signer info
Integrations: Connect to cloud storage or case management

Typical Timeframes and Response Deadlines

Timing varies by state; begin service and calendar key dates immediately after filing to avoid default or delay.

Response Period:

Respondent typically has 20–30 days to answer after service

Temporary Hearing:

Often scheduled within 30–60 days of filing

Discovery Deadlines:

Initial disclosures often due within 30 days

Final Hearing Window:

Case resolution may take months depending on complexity

Service Proof Filing:

File proof of service promptly per local rule

Key Milestones from Filing to Final Order

Track these sequential milestones to manage hearings, disclosures, and enforcement timing throughout the case.

01

File Petition

Court accepts case and issues case number.

02

Service of Process

Respondent is served and service is documented.

03

Temporary Orders Hearing

Court may set temporary custody, support, and exclusive use orders.

04

Final Resolution

Settlement or contested hearing results in final decree.

Common Pitfalls When Preparing the Petition

Incomplete child information or missing DOBs that delay jurisdictional determinations and hearings.
Incorrect service address or failure to file proof of service leading to default or dismissal risk.
Omitted financial disclosures that prevent accurate child support calculations and prolong litigation.
Vague custody or visitation requests that require additional motion practice to clarify enforceable terms.

Consequences of Errors or Late Actions

Default Judgment: Filed when respondent is not served or fails to respond.

Contempt: Failure to follow temporary orders may lead to contempt proceedings.

Support Miscalculation: Incomplete disclosures can produce incorrect child support orders.

Enforcement Delays: Missing proof of service prolongs enforcement ability.

Court Sanctions: False statements may trigger sanctions or sanctions motions.

Loss of Rights: Untimely objections can waive claims or defenses.

eSignature Pricing and Feature Snapshot for Filing Documents

eSignature platforms vary by pricing model, authentication, and enterprise features; signNow appears first for comparison convenience.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About the Petition for Divorce with Children

Answers to common practical and procedural questions about preparing, serving, and filing petitions involving minor children.

Need help? Contact support

Can I e-sign this petition?
Possibly, but family-law filings are often subject to court or local rule exceptions to electronic execution. Check the local court clerk and ESIGN/UETA applicability; some jurisdictions require in-person signatures, notarization, or court-approved e-filing workflows.
What if the respondent cannot be located?
If personal service is not possible, most jurisdictions allow substituted or constructive service after approved attempts and court permission; follow local rules closely to avoid dismissal for lack of service.
Do I need a notarized signature?
Many pleadings do not require notarization, but specific declarations, affidavits, or parenting agreements often must be notarized; verify local family-court and county clerk requirements.
What supporting documents should I attach?
Common attachments include child birth certificates, income and expense affidavits, proposed parenting plan, and any existing orders. Attach items required by local form sets to prevent processing delays.
How do I correct a filed petition?
File an amended petition or motion to correct clerical errors per local rules; some courts permit corrected filings without re-service for minor mistakes, but substantive changes may require service or notice.
What if I miss a deadline?
Missing response or disclosure deadlines risks default judgments, sanctions, or evidentiary limitations. Seek immediate relief by filing a motion explaining the cause and requesting extension or relief.

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