Texas Original Petition Divorce Form – Fill Out and Use This PDF

Cause Number:

(The Clerk’s office will fill in the Cause Number and Court Number when you file this form.)

Original Petition for Divorce

Print your answers.

Parties

My name is: __________________________________________________________________________.

First

Middle

Last

I am the Petitioner. I am filing this Petition for Divorce.

The last three numbers of my driver’s license number are: ___ ___ ___. My driver’s license was issued in (State) ________________________.

The last three numbers of my social security number are: ___ ___ ___.

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 1. Check here if you and your spouse do not have children under 18 or a disabled child of any age, the wife is not pregnant, and you have less than $50,000 in property.

Level 2. All other couples check here.

2. Legal Notice

(Check one box.)

I will have a sheriff, constable, process server or clerk serve my spouse with this Petition here:

_________________________________________________________________________________.

Street AddressCityStateZip

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). I understand that I will need to pay the fee (or file an Affidavit of Indigency form to show the Court that I am unable to pay the fee) and arrange for service.

I think my spouse will sign a Waiver of Service or file an Answer and sign the Final Decree of Divorce. Do not send a sheriff, constable, or process server to serve my spouse with this Petition at this time.

©TexasLawHelp.org Petition for Divorce – No Children, December 2012

Texas Family Code, Chapter 6

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If my spouse does not sign a Waiver of Service or file an Answer, I will have a sheriff, constable, process server or clerk serve my spouse with this Petition here:

________________________________________________________________________________.

Street AddressCityStateZip

If this is a work address, name of business: _____________________________________________.

I will ask the clerk to issue a Citation of Service (the form necessary to provide legal notice to my spouse). I understand that I will need to pay the fee (or file an Affidavit of Indigency form to show the Court that I am unable to pay the fee) and arrange for service.

3. Jurisdiction

Note: You cannot file this form 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.

Special Rules for Military Families: If you are serving in the armed forces outside of Texas or you have accompanied your spouse who is serving in the armed forces outside of Texas, you may still file this form if Texas has been the home state of either spouse for at least 6 months and the county where you plan to file the divorce has been the home county of either spouse for at least 90 days.

County of Residence (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 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 outside of Texas, but this county has been the home county of either my spouse or me for at least 90 days.

None of the above applies.

State of Residence (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.

My spouse does not live in Texas but Texas is the last state where my spouse and I lived together as a married couple. This Petition is filed less than two years after we separated.

I am serving in the armed forces 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 outside of Texas, but Texas is the home state of either my spouse or me and has been for at least 6 months.

None of the above applies.

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 violence.

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Texas Family Code, Chapter 6

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4. Protective Order Statement

(Check the appropriate boxes.)

A. 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.

B.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 cause number is ______________________.

County

State

Cause Number

If I get a Protective Order, I will file a copy of it before any hearings in this 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 cause number is _____________________.

County

State

Cause Number

If my spouse gets a Protective Order, I will file a copy of it before any hearings in this divorce.

C.Protective Order in Place

I do have a Protective Order against my spouse. I got the Protective Order in

_______________________ County, _________________ on _________________.

County	State	Date Ordered
The cause 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.

My spouse does have a Protective Order against me. The Protective Order was made in

_______________________ County, _________________ on _________________.

County	State	Date Ordered
The cause 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.

5. Dates of Marriage and Separation

My spouse and I got married on or about: ___________________________________________________.

MonthDayYear

We stopped living together as spouses on or about: ___________________________________________.

Month Day Year

6. 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.

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Texas Family Code, Chapter 6

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My spouse and I do have children together who are under the age of 18 or still in high school. Our children are listed below. There is a final court order for custody and support of our children and I am not asking to change that order at this time. The order was made in ___________________ County

and __________________ State. The cause number for the order is __________________________.

I understand I must attach a file-stamped copy of the order to my Final Decree of Divorce.

Child’s name

Age

Date of Birth

Sex

1.

2.

3.

4.

5.

6.

If more than 6 children, list them on another sheet and write Attachment A at the top. Then attach it to this form.

Note: If the wife is pregnant and the husband is not the biological father of the child, paternity of the child must be established before you can finish your divorce. See Texas Family Code Section 160.204.

Paternity may be established by:

●filing, with the court, a case to Adjudicate Parentage, or

●filing, with the Texas Vital Statistics Unit, an Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the husband.

The Office of the Attorney General may be able to help establish paternity of the child. Get more information about establishing paternity at www.TexasLawHelp.org.

If the wife is pregnant and the husband is the biological father of the child, you must wait until the child is born to finish your divorce.

©TexasLawHelp.org Petition for Divorce – No Children, December 2012

Texas Family Code, Chapter 6

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Children Born During the Marriage, but Husband is Not the Father

(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 children with another man while married to the husband. All of the children born during the marriage that are not the husband’s adopted or biological children are named below:

Child’s name

Age

Date of Birth

Sex

1.

2.

3.

4.

If more than 4 children, list them on another sheet and write Attachment B at the top. Then attach it to this form.

(Check one box.)

Paternity of the children named above has not been established. I understand that paternity of the children must be established before I can finish my divorce.

Paternity of the children named above has been established:

(Check one box.)

A court order has determined the father of each child named above. I understand I must attach a file-stamped copy of the order to my Final Decree of Divorce.

An Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the Husband has been filed with the Texas Vital Statistics Unit for each child named above. I understand I must attach a copy of these documents to my Final Decree of Divorce.

Note: If the wife had children with another man while married to the husband, paternity of the children must be established before you can finish your divorce. This is true even if the children were born after the husband and wife separated. See Texas Family Code Section 160.204.

Paternity may be established by:

●filing, with the court, a case to Adjudicate Parentage, or

●filing, with the Texas Vital Statistics Unit, an Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the Husband.

The Office of the Attorney General may be able to help establish paternity of the children. Get more information about establishing paternity at www.TexasLawHelp.org.

8. Name Change	Note: You cannot use this form to change your name to anything other
(Check one box.)	than a name you used before you got married.

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. I am not asking the court to change my name to avoid criminal prosecution or creditors. I ask that my name be changed to:

__________________________________________________________________________.

First

Middle

Last

©TexasLawHelp.org Petition for Divorce – No Children, December 2012

Texas Family Code, Chapter 6

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9. Property

Community Property

If my spouse and I are able to reach an agreement for the division of our property and debts, I ask the Court to approve our agreement. If such an agreement is not made, I ask the Court to divide our property and debts in a way that is just and right, according to Texas law.

Separate Property

I ask the court to confirm the following property as my separate property. This is money or property I owned before I was married, that I received as a gift or inheritance during my marriage, that I received for personal injuries that occurred during my marriage that was not for lost wages or medical expenses, or property I purchased during my marriage with separate property funds.

House located at:______________________________________________________________________

Street AddressCityState Zip

Land located at: _______________________________________________________________________

		Street Address				City	State	Zip
Cars, trucks, motorcycles or other vehicles
Year		Make		Model		Vehicle Identification No. [VIN]-

Other money or personal property I owned before I was married, received as a gift or inheritance during my marriage or property I purchased during my marriage with separate property funds: (describe)

Money I received as recovery for personal injuries that occurred during the marriage that was not for lost wages or medical expenses: (describe)

Important: Talk to a lawyer if you or your spouse has retirement benefits or other employment benefits such as a 401(k), pension, profit sharing or stock option plan. The part of a spouse’s benefits earned during the marriage can usually be divided by the court when you get divorced. This is true even if the spouse has not yet retired. However, you must hire a lawyer to correctly write the additional documents the court will need to divide the benefits.

10.Prayer

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 NameDate

	(		)
Petitioner’s Signature		Phone
Mailing Address	City		State	Zip

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 changes during these divorce proceedings. If I don’t, any notices about this case will be sent to me at the address above.

©TexasLawHelp.org Petition for Divorce – No Children, December 2012

Texas Family Code, Chapter 6

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