Texas Original Petition for Divorce

Original Petition for Divorce

No.

In the Matter of the Marriage of and

In the District Court of County, Texas

Judicial District

ORIGINAL PETITION FOR DIVORCE

This suit is brought by , Petitioner, who is years of age, who resides in County, Texas, and whose Social Security Number is . , Respondent, is years of age, resides at , , County, Texas and his Social Security Number is .

I. DISCOVERY LEVEL

Since this suit involves no children and the value of the marital estate is more than zero but not more than $50,000, this suit is governed by discovery control plan Level 1.

II. JURISDICTION

Petitioner has been a domiciliary of this State for the preceding six (6) month period and a resident of this County for the preceding ninety (90) day period.

III. SERVICE

Process should be served on Respondent, , at his residence, , , Texas , and/or any place where he may be found.

IV. STATEMENT REGARDING ALTERNATIVE DISPUTE RESOLUTION

As evidenced by Exhibit "A," attached Petitioner's Original Petition for Divorce, Petitioner has been made aware that it is the State of Texas's policy to promote settlement.

V. GROUNDS

The parties were married on or about , and ceased to live together as husband and wife on or about .

The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.

VI. CHILDREN OF THE MARRIAGE

During the term of the marriage relationship no children were born to or adopted by the parties and none is expected.

VII. DIVISION OF MARITAL ESTATE

A. Petitioner requests the Court to order a division of the estate of Petitioner and Respondent in a manner that the Court deems just and right as provided by law. Petitioner would ask the Court to exercise its discretion in the division and disposition of the property and accomplish that division and disposition by any legal device or equitable means available to the Court. Petitioner would show the Court that Petitioner should be awarded a disproportionate share of the parties' estate in that there are numerous equities justifying said property division in favor of Petitioner including, but not limited to the following:

1. fault in the breakup of the marriage;

2. benefits, the innocent spouse may have derived from the continuation of the marriage;

3. disparity of earning power of the spouses and their ability to support themselves;

4. health of the spouses;

5. education and future employability of the spouses;

6. community indebtedness and liabilities;

7. tax consequences of the division of the property;

8. ages of the spouses;

9. earning power, business opportunities, capacities, and abilities of the spouses;

10. need for future support;

11. nature of the property involved in the division;

12. wasting of community assets by Respondent;

13. credit for temporary support paid by a spouse;

14. community funds used to purchase out-of-state property;

15. gifts to or by a spouse during the marriage;

16. increase in value of separate property through community efforts by time, talent, labor, and effort;

17. reimbursement;

18. attorney's fees to be paid;

19. creation of community property through use of a spouse's separate estate;

20. the size and nature of the separate estates of the spouses; and

21. creation of community property by the efforts or lack thereof of the spouses.

B. Petitioner requests the Court to exercise its discretion in the division and disposition of property and accomplish that division and disposition by any legal device or equitable means, including but not limited to:

1. setting aside assets in kind;

2. partitioning assets that cannot or should not be set aside in kind;

3. ordering a sale of assets to achieve an equitable division of the community estate;

4. ordering the sale of the homestead to achieve an equitable division of the community estate but not to pay general creditors;

5. imposing an equitable lien to secure an interest in or money judgment on property;

6. imposing an equitable in personam money judgment;

7. appointing a receiver to take charge of property when that is reasonably necessary to preserve the property;

8. placing an equitable lien on separate property if that is reasonably necessary;

9. entering a Qualified Domestic Relations Order to provide for direct and separate payments of retirement benefits to Petitioner and Respondent pursuant to 26 U.S.C.A. Section 4.14.(p);

10. awarding a money judgment referable to the rights and equities of the spouses in the community estate;

11. requiring the execution of a secured promissory note and ordering the payments thereon that are referable to the rights and equities of the spouses in the community estate;

12. requiring the party-titleholder to foreign realty to execute a deed of conveyance of that foreign realty;

13. disposing of personality located outside Texas by the party who has title to, owns, or controls that property;

14. imposing a constructive trust to prevent unjust enrichment where the person holding title to the property would profit by a wrong or be unjustly enriched if that party were permitted to keep the property;

15. awarding and granting the right to receive life insurance proceeds at a future but uncertain date;

16. ordering a party to pay interest on the unpaid balance of money awarded to the other spouse;

17. dividing the marital liabilities of the parties in an equitable manner;

18. setting aside nonmarital liabilities to the party incurring them; and

19. granting indemnity to the nonliable spouse on liabilities set aside to the other spouse.

C. Petitioner would show the Court that Petitioner has separate property that does not comprise the community estate of the parties that Petitioner is entitled to be awarded pursuant to mandates of the Texas Constitution. Petitioner specifically requests the Court to confirm such property as Petitioner's separate property and return to Petitioner the value thereof.

VIII. REIMBURSEMENT

A. Petitioner requests the Court to reimburse Petitioner's separate estate for separate funds or assets that Petitioner expended to benefit or enhance the community estate.

B. Petitioner requests the Court to reimburse Petitioner's separate estate for separate funds or assets that Petitioner spent to benefit or enhance Respondent's separate estate, if any such separate property of Respondent is found to exist.

IX. TEMPORARY ORDERS - EXCLUSIVE USE OF PROPERTY

A. Petitioner requests the Court, after notice and hearing, for the preservation of the parties' property and the protection of the parties, to make temporary orders and issue any appropriate temporary injunctions respecting temporary use of the parties' property as deemed necessary and equitable, including but not limited to, the following:

1. Awarding Petitioner the exclusive use and possession of the parties' residence, furniture, and furnishings during the pendency of this suit and enjoining Respondent from entering and remaining on the premises of the residence except as authorized by order of this Court;

2. Awarding Petitioner exclusive use and control of the , and enjoining Respondent from entering, operating, or exercising control over it; and

3. Awarding Petitioner the exclusive use of other items of property as requested upon hearing of this matter.

X. TEMPORARY ORDERS / DISCOVERY / ANCILLARY RELIEF

A. Petitioner requests the Court, after notice and hearing, for the preservation of the parties' property and the protection of the parties, to make temporary orders and issue any appropriate temporary injunctions respecting temporary use of the parties' property as deemed necessary and equitable, including, but not limited to, the following:

1. Ordering Respondent to file a Sworn Inventory and Appraisement of all separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties in a form, manner and substances designated by the Court; Petitioner requests that the Court designate a time for the filing of said Sworn Inventory and Appraisement with the Court;

2. Ordering Respondent to produce copies of the parties' income tax returns together with any and all supporting schedules and information returns used in connection with their original income tax returns for each tax year from the date of marriage through the present, inclusive, and such other documents as the Court may deem necessary and equitable; Petitioner requests the Court to designate the date such documents are to be produced;

3. Ordering Respondent to produce any other books, papers, documents, records, or tangible things that the Court finds to be necessary and equitable; Petitioner asks the Court to designate the date that such documents are to be produced;

4. Petitioner requests the Court to appoint a Receiver for the protection and preservation of the property of the parties;

5. Petitioner requests the Court to order a pre-trial conference to simplify the issues in this case, determine the stipulations of the parties, set discovery deadline and such other matters as the Court may deem appropriate; and

6. Petitioner requests the Court to order Respondent to execute authorizations allowing Petitioner's counsel to obtain various records and documents related to the parties, their property and business owned or controlled by the parties from various third parties, including but not limited to, financial institutions, physicians, hospitals, and other health care providers.

XI. TEMPORARY SUPPORT/INTERIM ATTORNEY FEES

A. Petitioner requests the Court, after notice and hearing, for the preservation of the parties' property and the protection of the parties, to make temporary orders and issue any appropriate temporary injunctions regarding attorney fees as deemed necessary and equitable, including but not limited to, the following:

1. Petitioner requests that Respondent be ordered to pay interim attorney fees and anticipated costs and expenses, including but not limited to, fees for appraisals, accountants, actuaries, and other experts, whose testimony and input is necessary to Petitioner and Petitioner's attorney in the preparation of the instant litigation. Petitioner is not in control of sufficient community assets to pay attorney's fees and anticipated costs. Petitioner would show the court that Respondent has access to funds necessary for the payment of attorney's fees;

2. Petitioner requests that Respondent be ordered to pay fees to Petitioner's attorney in an amount sufficient to equalize the amount of funds paid by Respondent to Respondent's attorney in this cause;

3. Petitioner requests that Respondent be enjoined from paying additional attorneys' fees and expenses to her attorney(s) until such time and unless Respondent makes an equal payment to and for Petitioner's attorney in this cause;

4. Petitioner has insufficient income and Petitioner requests the Court to order Respondent to make payments for the support of Petitioner until the final decree is signed.

XII. REQUEST FOR LIMITING INJUNCTION

A. Petitioner would show the Court that Respondent is arbitrary and capricious and requests the Court to enter an order prohibiting or limiting the spending of funds by Respondent to a specific sum per month for personal expenditures or expenditures from his business, and order an absolute restriction on the incurring of indebtedness, including credit card indebtedness.

B. Alternatively, Petitioner requests that Respondent be authorized only as follows:

1. To make expenditures and incur indebtedness in the usual and ordinary course of conducting Respondent's businesses.

2. To make expenditures and incur indebtedness for reasonable attorney fees and costs in connection with this suit.

3. To make expenditures and incur indebtedness for necessary and customary living expenses for food, clothing, shelter, transportation, and medical care.

4. To make withdrawals from all Respondent's accounts and any financial institutions for the purposes authorized by order of this Court.

XIII. REQUEST FOR TEMPORARY ORDERS AND INJUNCTION

A. Petitioner requests the Court, after notice and hearing, for the preservation of the parties' property and the protection of the parties, to make temporary orders and issue any appropriate temporary injunctions respecting the parties and the parties' property as deemed necessary and equitable. Petitioner requests upon hearing the Court enjoin Respondent from the following:

1. Communicating with Petitioner in person, by telephone, or in writing in a vulgar, profane, obscene, or indecent language, or in a coarse and offensive manner with the intent to annoy or alarm Petitioner.

2. Threatening Petitioner in person, by telephone, or in writing, to take unlawful action against any person, intending by this action to annoy or alarm Petitioner.

3. Placing one or more telephone calls, anonymously, at any unreasonable hour in an offensive or repetitive manner without legitimate purpose of communication with the intent to annoy or alarm Petitioner.

4. Causing bodily injury to Petitioner, any child of Petitioner, or Petitioner's family, friends, or business associates.

5. Threatening Petitioner, or any child of Petitioner, Petitioner's family, friends, or business associates, with imminent bodily harm.

6. Destroying, moving, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties or either of them with the intent to obstruct the authority of this Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regards for the rights of each party.

7. Falsifying any writing or record relating to the property of either party.

8. Misrepresenting or refusing to disclose to Petitioner or to the Court on proper request the existence, amount or location of any property of the parties or either of them.

9. Damaging or destroying the tangible property of the parties, or either of them, including any documents that represent or embody anything of value.

10. Tampering with the tangible property of the parties, or either of them, including any document that represents or embodies anything of value, and causing pecuniary loss or substantial inconvenience to Petitioner.

11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personality or realty, and whether separate or community, except as specifically authorized by order of this Court.

12. Incurring any indebtedness, other than legal expenses, in connection with this suit, except as specifically authorized by order of this Court.

13. Making withdrawals from any checking, savings, or other account in any financial institution for any purpose, except as specifically authorized by order of this Court.

14. Spending any sum of cash in Respondent's possession or subject to Respondent's control for any purpose, except as specifically authorized by order of this Court.

15. Making any withdrawal for any purpose from any retirement, profit sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account.

16. Entering any safe-deposit box and/or storage facility in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others.

17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent.

18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent.

19. Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties' property or persons.

XVI. REQUEST FOR LIMITED RIGHT OF EXPENDITURES PENDING HEARING FOR TEMPORARY ORDERS

A. Petitioner requests that Respondent be authorized only as follows pending the hearing for Temporary Orders, injunction and other interim or ancillary relief herein:

1. To make expenditures and incur indebtedness for reasonable attorney fees and costs in connection with this suit.

2. To make expenditures and incur indebtedness for necessary and customary living expenses for food, clothing, shelter, transportation, and medical care, in an aggregate total amount not to exceed the specific amount established by the Court.

3. To make expenditures and incur indebtedness in the usual and ordinary course of conducting Respondent's business.

XVII. REQUEST FOR EX PARTE TEMPORARY RESTRAINING ORDER

A. Petitioner requests the Court to dispense with the issuance of a bond, and Petitioner requests that Respondent be temporarily restrained immediately, without hearing, and upon notice and hearing be temporarily enjoined, pending the further order of this Court, from:

1. Communicating with Petitioner in person, by telephone, or in writing in a vulgar, profane, obscene, or indecent language, or in a coarse and offensive manner with the intent to annoy or alarm Petitioner.

2. Threatening Petitioner in person, by telephone, or in writing, to take unlawful action against any person, intending by this action to annoy or alarm Petitioner.

3. Placing one or more telephone calls, anonymously, at any unreasonable hour in an offensive or repetitive manner without legitimate purpose of communication with the intent to annoy or alarm Petitioner.

4. Causing bodily injury to Petitioner, any child of Petitioner, or Petitioner's family, friends, or business associates.

5. Threatening Petitioner, or any child of Petitioner, Petitioner's family, friends, or business associates, with imminent bodily harm.

6. Destroying, moving, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties or either of them with the intent to obstruct the authority of this Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regards for the rights of each party.

7. Falsifying any writing or record relating to the property of either party.

8. Misrepresenting or refusing to disclose to Petitioner or to the Court on proper request the existence, amount or location of any property of the parties or either of them.

9. Damaging or destroying the tangible property of the parties, or either of them, including any documents that represent or embody anything of value.

10. Tampering with the tangible property of the parties, or either of them, including any document that represents or embodies anything of value, and causing pecuniary loss or substantial inconvenience to Petitioner.

11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personality or realty, and whether separate or community, except as specifically authorized by order of this Court.

12. Incurring any indebtedness, other than legal expenses, in connection with this suit, except as specifically authorized by order of this Court.

13. Making withdrawals from any checking, savings, or other account in any financial institution for any purpose, except as specifically authorized by order of this Court.

14. Spending any sum of cash in Respondent's possession or subject to Respondent's control for any purpose, except as specifically authorized by order of this Court.

15. Making any withdrawal for any purpose from any retirement, profit sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account.

16. Entering any safe-deposit box and/or storage facility in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others.

17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent.

18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent.

19. Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties' property or persons.

20. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance, at , , or in any manner attempting to withdraw any deposits for service in connection with such services.

21. Excluding Petitioner from the use and enjoyment of the residence located at , .

22. Opening or diverting mail addressed to Petitioner.

23. Signing or endorsing Petitioner's name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to Petitioner without the personal signature of Petitioner.

24. Taking any action to terminate or limit credit or charge cards in the name of Petitioner.

25. Entering, operating, or exercising control over the automobile in the possession of Petitioner.

26. Doing any act calculated to embarrass, harass, molest, injure, or humiliate Petitioner, any child of Petitioner, Petitioner's friends, family, or business associates.

XVIII. ATTORNEY FEES

It was necessary for Petitioner to secure the services of the Law Offices of , licensed attorneys, to prepare and prosecute this suit and all subsequent appeals. In order to effect an equitable division of the estate of the parties and as part thereof, judgment for attorney fees and expenses, including conditional awards in event of appeal, or, in the alternative, Petitioner requests that the reasonable attorney fees and expenses, including conditional awards in event of appeal, or through final judgment after appeal, be taxed as costs of Court and be ordered to be paid directly to Petitioner's attorney who may enforce the order for attorney fees in the attorney's own name.

XIX. STATEMENT REGARDING PROTECTIVE ORDER

There is no protective order under Title 4, Protective Orders and Family Violence, or section 6.504 of the Texas Family Code in effect and no application for a protective order is pending with regard to the parties to the suit.

PRAYER

Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and such other relief requested in this Petition.

Petitioner prays that the Court, upon notice and hearing, enter a temporary injunction in conformity with the allegations in this Petition, enjoining Respondent from the acts set forth herein during the pendency of this suit.

Petitioner prays for attorney fees, expenses, and costs as herein pled.

Petitioner prays for any other relief, both special and general, at law or in equity, to which Petitioner may show that Petitioner is justly entitled.

Respectfully submitted,

CERTIFICATE OF CONFERENCE

I hereby certify as follows:

Prior to presenting this matter to an Associate Judge for signature or initials I contacted all attorneys of record in this matter and notified them that I was requesting such ex parte relief and:

A. To the best of my knowledge there is no attorney of record representing any opposing party at this time; or

B. After conferring, no counsel of record wished to be heard prior to the presentment of this request for ex parte relief; or,

C. We were unable to reach an agreement at which time I notified them that I would present this matter to the Associate Judge at a.m./p.m. on , in the Judicial District Court and invited them to attend and be heard prior to signing; or,

D. I was unable to speak with said opposing counsel and I left word with a staff person for each attorney that I would present this matter to the Associate Judge at a.m./p.m. on , in the Judicial District Court and invited counsel to attend and be heard prior to signing; or,

E. After diligent attempts, I was unable to reach counsel and was further unable to leave any message with counsel's office regarding presentment of this matter to the Associate Judge.