Divorce Set B Form – Fill Out and Use This PDF

Legal Notice: check one box. Check this one if you think your spouse will sign a Waiver of Service (or Answer); do not send a sheriff, constable, or process server to serve your spouse with a copy of this Petition for Divorce at this time.

Or have a sheriff, constable, process server or clerk serve your spouse with this Petition for Divorce, and ask the clerk to issue a Citation of Service. If this is a work address, name of business. You will need to pay the fee (or file a Statement of Inability to Afford Payment of Court Costs if you are unable to pay the fee) and arrange for service.

Or, if you cannot find your spouse, ask that your spouse be served by publication; you must file an Affidavit for Citation by Publication and hire a lawyer to serve as attorney ad litem for your spouse.

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.

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.

Or check the box that applies if you are serving in the armed forces or other government service outside of Texas, or have accompanied your spouse who is, but this county has been the home county of either my spouse or me for at least 90 days.

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.

If you or your spouse does not live in Texas, you must complete and attach the Exhibit: Out-of-State Party Declaration.

Or check the box that applies if you are serving in the armed forces or another government service outside of Texas, or have accompanied your spouse who is, but Texas is the home state of either my spouse or me and has been for at least 6 months.

Personal Jurisdiction over Spouse (Check one box): My spouse lives in Texas. My spouse does not live in Texas.

Dates of Marriage and Separation: enter when you and your spouse got married on or about, and when you stopped living together as spouses on or about, as Month Day Year.

Children Husband and Wife Have Together: you must list all adopted or biological children you and your spouse have together under 18 or over 18 and still in high school.

For each child, enter the Child's name, Date of Birth, Place of Birth and the State where child lives now.

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.

Or: the children do not live in Texas now, but they have been gone from Texas for less than 6 months, the children lived in Texas the 6 months before they moved, and a parent or person acting as a parent continues to live in Texas.

Talk to a lawyer if none apply.

Check box only if true: there are no court orders about any of the children, and no other court has continuing jurisdiction over this case or the children.

Conservatorship (Custody) of the Child(ren): check a, b, or c. Check a if Mother and Father should be Joint Managing Conservators of the child(ren); if you checked a, check a-1, a-2, or a-3.

Check b if Mother should be the Sole Managing Conservator of the child(ren) with the exclusive rights listed in Texas Family Code 153.132.

Check c if Father should be the Sole Managing Conservator of the child(ren) with the exclusive rights listed in Texas Family Code 153.132.

Name Change (Check one box): you cannot use this form to change your name to anything other than a name you used before you got married. I am NOT asking the Court to change my name. Or I ask the Court to change my name back to a name I used before my marriage.

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 (Temporary Assistance for Needy Families) now or got it in the past.

If your child(ren) have ever received Medicaid or TANF, you MUST send a copy of this Petition to the Office of the Attorney General Child Support Division. You MUST also sign the Certificate of Service to the Office of the Attorney General.

Sign only if your child(ren) receive (or have received) Medicaid or TANF. Bring proof of delivery with you to court.

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.

Under Respectfully, enter Petitioner's Name and Date, sign as Petitioner's Signature, and enter Phone, Mailing Address, City, State, Zip, Email Address and Fax (if any).

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 or email address changes during these divorce proceedings.

Your spouse signs FM-DivB-103 Waiver of Service Only (Specific Waiver) in front of a notary.

You can ask the Court to waive the 60-day waiting period for divorce if your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household. You can also ask the Court to waive the 60-day waiting period if you have an active protective order or an active magistrate's order for emergency protection against your spouse because of family violence during your marriage.

FM-DivB-201 Final Decree of Divorce: the Court orders that each parent has the duty to inform the other parent if the parent resides with for at least thirty days, marries, or intends to marry a person who the parent knows is registered as a sex offender under Chapter 62 of the Code of Criminal Procedure or is currently charged with an offense that would require the person to register as a sex offender under that chapter, if convicted. A parent or conservator commits an offense punishable as a Class C misdemeanor if the parent or conservator fails to provide this notice. The notice is due as soon as practicable, but no later than the 40th day after the date the parent or conservator begins to reside with the person, or within 10 days of marrying the person, and must include a description of the offense, and failing to give it is the Class C misdemeanor.

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.).