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Texas Petition for Divorce

petition for divorce

Feel free to copy and paste this Texas Petition for Divorce Form into your word processor.

Format it. Modify it. Personalize it. Make it your own.

It may help to refer to the article on how to prepare a Texas Divorce Petition as you review this form.

Judge Hernsberger drafted this Texas Divorce Petition Form, and you have permission to use it as you see fit, as long as you don't sell it.

Just remember that this Texas Petition for Divorce is posted for information purposes only. Judge Hernsberger is not giving you legal advice. If you use it, you're not creating an attorney-client relationship with Judge Hernsberger.

This Texas Petition for Divorce Form is no substitute for the guidance of a competent, Texas lawyer. If you use Judge Hernsberger's Divorce Petition Form, you should take it to a lawyer in your area for review.


 
No. ___________
 
IN THE MATTER OF ) IN THE DISTRICT COURT
THE MARRIAGE OF )  
  )  
_________________, ) _________ JUDICIAL DISTRICT
  )  
AND )  
  )  
_________________, ) ____________ COUNTY, TEXAS
  )  
AND IN THE INTEREST OF )  
  )
________________________, AND )
)  
________________________, )  
 MINOR CHILDREN. )  

Original Petition for Divorce

1. Discovery

Petitioner intends to conduct discovery under level 2 of Rule 190 of the Texas Rules of Civil Procedure.

2. Parties

This suit is brought by ______________, Petitioner. The last three numbers of Petitioner's Social Security Number are _______. The last three numbers of Petitioner's driver's license number are _______.

Respondent is ______________.

3. Residence

Petitioner or Respondent has been a domiciliary of the State of Texas for the preceding six-month period and a resident of this County for the preceding ninety-day period.

4. Service of Process

No service of process is necessary at this time.

5. Marriage and Separation

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

6. Grounds for Divorce

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.

7. Children of the Marriage

There is no child under eighteen years of age or otherwise entitled to support who was born or adopted of this marriage and none is expected.

[OR]

Petitioner and Respondent Respondent are the parents of the following children of this marriage under the age of 18, who are not under the continuing jurisdiction of any other court:

  • Name: __________________
  • Gender: __________________
  • Birthdate: _________________

[REPEAT FOR EACH CHILD]

There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the children.

No property is owned or possessed by the children.

Petitioner anticipates that the parties will agree to all matters concerning the children, and such agreement will be just and right, and in the best interests of the children. Petitioner requests the Court, upon final hearing, to make such orders respecting the children, conservatorship, and support as the parties have agreed. In the event the parties are unable to agree, Petitioner requests the Court, upon final hearing, to make such orders respecting the children, conservatorship, and support as the Court deems just and right, and in the best interests of the children, as provided by law.

8. Division of Property

Petitioner anticipates that the parties will agree to a division of property that is just and right as provided by law. Petitioner requests the Court, upon final hearing, to order a division of the estate of the Parties in accordance with the agreement of the parties. If the parties are unable to agree on a division of the property, Petitioner requests the Court, upon final hearing, to order a division of the estate of the Parties in a manner that the Court deems just and right, as provided by law.

9. Protective Order

A protective order under Chapter 71 or Section 3.581 of the Texas Family Code is not in effect with regard to the parties of this suit.

10. Change of Name

Petitioner requests a change of name to __________.

11. Prayer

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

Petitioner prays that her name be changed as requested above.

Petitioner prays for general relief.

_____________________________
Name: _____________________
Address: ___________________
Telephone: __________________

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