Fill and Sign the Original Petition for Divorce Divorce Set B Divorce with Children Set B Form

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. FM -DivB -100 Original Petition for Divorce [SET B] (Rev. 09 -2017) Page 1 of 10 © TexasLawHelp.org AND IN THE INTEREST OF: (List all children you and your spouse have together who are under 18 or still in high school.) 1. _________________________ 2. _________________________ 3. _________________________ 4. _________________________ 5. _________________________ 6. _________________________ Original Petition for Divorce Print your answers. My name is: ________________________ _______________________________ _________ ________ __. First Middle Last I am the Petitioner , the person asking for a d ivorce. 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: _______________________________________________ _______ ____________. First Middle Last My spouse is the Respondent . 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 (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 un derstand I must file an Affidavit for Citation by Publication and hire a lawyer to serve as attorney ad litem for my spouse. 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: In the ______________ (Court Number) District Court County Court at Law County, Texas Print first, middle and last name of the spouse filing for divorce. And Respondent: Print first, middle and last name of other spouse. FM -DivB -100 Original Petition for Divorce [SET B] (Rev. 09 -2017) Page 2 of 10 © TexasLawHelp.org 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 f or 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. (Check any boxes that apply below .) My spouse agrees that a Texas court can ma ke orders in thi s divorce, including orders regarding conservatorship (custody), visitation, and financial support of our children and orders regarding 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. 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 sexua l 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 main tained by the bureau of vital statistics or signed an acknowledgment of paternity. My spouse will be personally served with citation (official service of process) in Texas. 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 st ate due to government service. Get more information at www.TexasLawHelp.org . Note: If you or your spouse do not live in Texas, you must complete and attach the Exhib it: Out -of-State Party Declaration . Get it at www.TexasLawHelp.org . FM -DivB -100 Original Petition for Divorce [SET B] (Rev. 09 -2017) Page 3 of 10 © TexasLawHelp.org 4. Dates of Marriage and Separation My spouse and I got married on or about: ____________ ______ ________________________________. Month Day Year 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 legitima te ends of the marital relationship and prevents any reasonable expectation of reconciliation. 6. Children 6A. Children Husband and Wife have Together My spouse and I are the parents of the following children who are under 18 years old or over 18 years old and still in high school . (You MUST list all children you and your spouse have together (adopted or biological) who are under 18 or over 18 and still in high school. ) Child’s name Date of Birth Place of Birth State where child lives now 1. 2. 3. 4. 5. 6. 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. The children lived in Texas the 6 months before they moved. A parent or person acting as a parent continues to live in Texas. None of the above apply. (Note: Talk to a lawyer if none of the above apply .) (Check box below only if true. ) There are no court orders about any of the children listed above . No other Court has continuing jurisdiction over this case or the children. Note: Do not use this form if there is already a court order in place for any of the children (such as a child support order.). Get information about filing for divorce when there is already a court order at www.TexasLawHelp. org . FM -DivB -100 Original Petition for Divorce [SET B] (Rev. 09 -2017) Page 4 of 10 © TexasLawHelp.org 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 The children : (Check all that apply.) 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 . If the children do not have private health insurance also complete the following: 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 (custody) orders as follows : (Check a, b, or c.) a. Mother and Father should be Joint Managing Conservators of the child/ren and : (If you checked a, check a-1, a -2, or a-3.) a-1. Father should hav e the exclusive right to de signate the primary residence of the child/ren within the following geographic area: (Check one box below.) anywhere. this county. this count y or county adjacent to this county. Texas. other: ______________________________ ____ _. a-2. Mother should hav e the exclusive right to designate the primary residence of the child/ren within the following geographic area: (Check one box below.) anywhere. this county. this count y or county adjacent to this county. Texas. other: ______________________________ ____ _. a-3. Neither parent should hav e the exclusive right to designate the primary residence of the child /ren but both parents should be ordered not to move the child /ren out of the following geographic area: (Check one box below.) this school district: _____________________ this county. this county or county adjacent to this county. other: _______________ ______ ____. b. Mother should be the Sole Managi ng Conservator of the child/ren. c. Father should be the Sole Managing Conservator of the child/ren. FM -DivB -100 Original Petition for Divorce [SET B] (Rev. 09 -2017) Page 5 of 10 © TexasLawHelp.org 6F. Possession of and Access to the Child/ren (Visitation) I ask the court to make possession and access (visitation) orders as follows: (Check a, b, c, or d.) a. Father should have “standard visitation.” (See Texas Family Code Chapter 153, Subchapter F.) b. Mother should have “standard visitation.” (See Texas Family Code Chapter 153, Subchapter F.) c. “Standard visitation” would be unworkable or inappropriate. Possession and access to the child /ren should be as follows: ________________________________________________________________________ _______ _________________________________________________________ ________ ______________ __________________________________________________ _____________________________ _______________________________________________________________________________ ____________ ___________________________________________________________________ _________________ ________________ ____ d. I am concerned about the safety of the children with the other parent : I ask that: (If you checked d, check all that apply below.) d-1. exchanges of the child /ren be supervised, or in the alternative, be in a public place . d-2. the other parent’s po ssession of the child /ren be limited to day visits . d-3. the other parent’s possession of the child /ren be supervised . d-4. the other parent have no right to possession or access to the child /ren . d-5. the other parent be ordered not to use alcohol or illegal drugs 24 hours prio r to or during possession of the child /ren. d-6. the other parent’s possession and access to the children be restricted as follows: ________________________________________________________________ ________ ____________________________________ ____________________________________ ________________________________________________ ________________________ _________________________________________ _______________________________ ________________________________ ________________________________________ (Check only if you are asking that a different possession order be in place while a child is under 3 years old .) One or more of the children is under 3. Until the child turns 3, po ssession should be as follows: __________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________ _____________________ __________________________________________________________________________________ After the child turns 3, possession should be as checked above. (Check only if applicable.) I am concerned that the other parent may take the child/ren to another country and refuse to return them. I ask the Court to determine if there is a risk of international kidnapping by the oth er parent and to take such measures as are necessary to protect the child/ren. 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. FM -DivB -100 Original Petition for Divorce [SET B] (Rev. 09 -2017) Page 6 of 10 © TexasLawHelp.org 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 th e 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 the divorce. (Get information about establishing paternity at www.TexasLawHelp.org .) 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 H usband’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, c heck 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 establish ing 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 file -stamped co py of the court order to my Final Decree of Divorce . 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. FM -DivB -100 Original Petition for Divorce [SET B] (Rev. 09 -2017) Page 7 of 10 © TexasLawHelp.org 9. Protective Order Statement (Check the appropriate boxes. Fill in the requested information .) 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 ca use number is __ _______ __ ______________ . County State Cause Number If I get a protective order , I will file a copy of it before any hearings in th is 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 ca use number is ___ ____ ___ ______________ . County State Cause Number If my spouse get s 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 spou se. I got the protective order in ____________________ _____ ___ County, ______ ___ __ ___________ on _________________. Coun ty State Date Ordered The ca use number for the protective order is _____ ___________ _________________________. Cause Number Either I have attached a copy of the protective order to this p etition or I will file a copy of it with the court before any hearings in this divorce. My spouse does have a protective order ag ainst me. The protective order was made i n ___________________ ______ ____ County, ______ ____ __ _________ on __________________. County State Date Ordered The ca use 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 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 violenc e. 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 i f 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. FM -DivB -100 Original Petition for Divorce [SET B] (Rev. 09 -2017) Page 8 of 10 © TexasLawHelp.org 11 . Property and Debt Note: It i s very important to talk with lawyer if you or your spouse ha s 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 t he 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 E\HLWKHUVSRXVHGXULQJWKHPDUULDJHDUHXVXDOO\FRQVLGHUHGWREHFRPPXQLW\SURSHUW\WKD WFDQEHGLYLGHGE\WKH FRXUW 7KLVLVWUX HHYHQLI\RXRU\RXUVSRXVHKDV QRW\HWUHW LUHG 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 5HODWLRQV2UGHU´ 4'52 WRPDNH WKH GLYLVLRQ HIIHFWLYH