Contents
Form Example
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:
Print first, middle and last name of the spouse filing for divorce.
And
Respondent:
Print first, middle and last name of other spouse.
In the ______________
(Court Number)
District Court
County Court at Law
County, Texas
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) ________________________.
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 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 |
Page 1 of 6 |
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
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.
©TexasLawHelp.org Petition for Divorce – No Children, December 2012
Texas Family Code, Chapter 6 |
Page 2 of 6 |
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 ______________________________. |
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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 ______________________________. |
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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.
©TexasLawHelp.org Petition for Divorce – No Children, December 2012
Texas Family Code, Chapter 6 |
Page 3 of 6 |
7. Children
Children you and your spouse have together
(Check one box. Fill in the requested information if applicable.)
My spouse and I do not have any biological or adopted children together who are under the age of 18 or still in high school.
Note: Do not use this form if you and your spouse have children together who are under the age of 18 or still in high school, unless there is a final court order for custody and support of all the children and you are not asking to change that order. Instead, use the Petition for Divorce with Children form.
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
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.
Adult Disabled Children
(Check one box.)
My spouse and I do not have any disabled children over 18.
My spouse and I do have a disabled child over 18.
Pregnancy
(Check one box.)
The wife in this marriage is not pregnant. The wife in this marriage is pregnant.
(If pregnant, also check one box below.)
The husband is the father of this child. The husband is not the father of this child.
Note: If you have a disabled child, talk to a lawyer before filing this form. You or your spouse may be entitled to receive child support, even after the child becomes an adult.
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 |
Page 4 of 6 |
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
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. |
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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 |
Page 5 of 6 |
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: _______________________________________________________________________
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Cars, trucks, motorcycles or other vehicles |
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Make |
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Vehicle Identification No. [VIN]- |
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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
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Petitioner’s Signature |
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Phone |
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Mailing Address |
City |
State |
Zip |
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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 |
Page 6 of 6 |
More PDF Templates
Texas Divorce Forms - The correct filing location for your divorce forms depends on your residency and that of your spouse.
How to Create a Dba in Texas - Entities can specify when they wish the assumed name to cease being used.
How to Subpoena - Acceptance of service can be confirmed with the witness's signature on the form.
Common mistakes
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Incomplete Personal Information: Many individuals fail to provide complete names, including first, middle, and last names for both the petitioner and respondent. This omission can lead to delays in processing the petition.
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Incorrect Jurisdiction Claims: Some people mistakenly check the wrong boxes regarding residency requirements. It is essential to ensure that both spouses meet the residency criteria for the county and state, as incorrect claims can result in the dismissal of the petition.
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Improper Service of Process: A common mistake is not clearly indicating how the respondent will be served. Individuals may overlook providing a valid address or fail to specify if they expect the respondent to sign a Waiver of Service. This can complicate the legal process.
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Neglecting to Address Children: If there are children involved, some individuals incorrectly assume they can use the same form. They may not check the appropriate boxes or provide necessary details about custody arrangements, which can lead to legal complications.
Key takeaways
Ensure you provide accurate information. Fill in all required sections of the Texas Original Petition Divorce form. Double-check names, dates, and identification numbers.
The Cause Number will be assigned by the Clerk’s office. Do not fill this in yourself; it will be done when you file the form.
Choose the correct Discovery Level. Level 1 is for couples without children under 18 and with limited property. Level 2 is for all other couples.
Understand the jurisdiction requirements. You or your spouse must have lived in the county for at least 90 days and in Texas for at least six months before filing.
If there are no children involved, you must use this specific form. If you have children under 18 or still in high school, use the Petition for Divorce with Children form instead.
Steps to Using Texas Original Petition Divorce
Filling out the Texas Original Petition for Divorce form is an important step in initiating the divorce process. Once you complete this form, you will file it with the court, and it will serve as the official request for a divorce. Below are the steps to help you fill out the form accurately.
- Header Information: Leave the Cause Number and Court Number sections blank. The Clerk’s office will fill these in when you file the form.
- Petitioner and Respondent: Write your full name as the Petitioner, including your first, middle, and last name. Then, provide your spouse's full name as the Respondent.
- Personal Information: Fill in your last three digits of your driver’s license number and state of issue. If you do not have a driver’s license, indicate that. Next, provide the last three digits of your Social Security number or state that you do not have one.
- Discovery Level: Choose the appropriate discovery level. Check Level 1 if you have no children under 18, the wife is not pregnant, and you have less than $50,000 in property. Otherwise, check Level 2.
- Legal Notice: Indicate how you will serve your spouse with the Petition. Fill in the necessary address and, if applicable, the name of the business.
- Jurisdiction: Check all boxes that apply to confirm residency requirements for both you and your spouse. Ensure that you meet the 90-day and six-month residency rules.
- Waiver of Waiting Period: If applicable, check the box to waive the 60-day waiting period based on family violence and provide the necessary details.
- Protective Order Statement: Check the appropriate box regarding protective orders. Provide details if there are any pending or existing protective orders.
- Marriage and Separation Dates: Fill in the date of your marriage and the date you stopped living together.
- Grounds for Divorce: State that you are asking for a divorce due to insupportability.
- Children Information: Indicate whether you have children together. If you do, provide their names, ages, and birthdates. If you do not have children, check the appropriate box.
- Name Change: If you want to change your name back to a name used before marriage, fill in your desired name. If not, check the box indicating you are not requesting a name change.
After completing the form, review it for accuracy. Make sure all sections are filled out as required. Once everything is in order, you can file the petition with the appropriate court. Remember, it’s essential to keep a copy for your records.