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Texas Divorce Petition Form

The Petition for Divorce form is used as an official application that is made by residents of the State of Texas who seek a legal divorce from a  court. The Petition for Divorce form may have to be submitted with other forms according to the laws of the State of Texas.

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IN THE MATTER OF THE MARRIAGE OF	 	
Cause No:	  	Petitioner	 (Print first, middle and last 
name of the spouse filing for 
divorce.) 	
and	  	In the  (check one):  
___________	
_    District Court   County Court of: 	
court number 	Respondent	 (Print first, middle and last name of other spouse.)	  §
§
§
§
§
§
§
§
§
§
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 County
, Te x a s  	
Names of the children of this marriage who are under 18:  
 
1.  	
 2.  	 3.  	 
4.  	
 5.  	 6.  	 	 	
 	
Petition for Divorce 	
 	
To file this  Petition, you  or your spouse must have lived: 
   in Texas for the last 6 months, and  
 	in the county where you want to get divorced for at least the last 90 da\
ys.	 	
 
Print Answers 
I. P	ARTIES	 	
Petitioner 
1.  My name is: 	
_________________________________________________________________	 	
First   Middle   Last   	
Respondent 
2.  My spouse’s name is:  ___________________________________________________	
  	
First Middle   Last 
 	
II. D	ISCOVERY	 
The discovery level in this case, if needed, is Level  2. 	
 
III. J	URISDICTION 	 	
You can not file this form until  you or your spouse has lived in the county where you 
are askin	
g for a divorce for at least 90 da	ys, and in Texas for at least six months.	
(Check all boxes that apply.) 
1. 	  My spouse has   	  I have    --- lived in this county for the last 90 days. 
2. 	
  My spouse has   	  I have    --- lived in Texas for the last six months.

If your spouse does NOT live in Texas, complete and attach the Exhibit: Out-of-State Parent 
Affidavit, and check one	
: 
3.	
 My spouse agrees that this court can decide our divorce. 
4.
 My spouse and I have been separated for less than 2 years, and Texas was the last state 
where we lived together.	
 	
IV. M	ARRIAGE 	and	 SEPARATION	 	
1.  My spouse and I got married on:  	__________________.	 	
Month     Day                             Year   	
2. We stopped living together as spouses on:  	____________________________.	 
  Month                     Day             Year    	
V.  C	HILDREN	 	
1. Pregnancy 	
a.	  The wife in this marriage: 	 is    	  is not  pregnant.  (If pregnant, answer below.) 
b.  The husband: 	
 is    	  is not   the biological father of this child. 
Warning:   in many Texas counties, the court will not allow you to complete your divorce if \
the wife is 
pregnant, even if she is pregnant by someone who is not the husband.  	
2.  Children you and your spouse have together	 –  	
(List all natural and adopted children of this marriage who ar e under 18.  If you have an adult disabled child, talk to a 
lawyer to see if child support is appropriate in your case.) 
 	Child’s name	   	Date of Birth	  	Place of Birth	   	State where child lives now	 
a.         
b.         	
c.        
d.        
e.        
f.        
(If more than 6 children, list them on anot her sheet and write Attachment A at the top. Then attach it to this form.) 
3.  Court Orders involving these children  
(Check one box.) 	
 There are  NO court orders in effect now for any of the children listed above. 
 There  IS a court order in effect now for at least one of the children listed above. The order is 
final and I am not asking the court to make any changes to the order. 	
(Fill out below and talk to an 
attorney before you file this form.) 
 	
Type of Order:  	Name of 
Child:	  
 	
Cause #:   Court that 
made the order:   	
Date: 
County/State:

4.  Children’s Health Insurance 
The children	
 	 do 	 do not have private health insurance in effect. 
 
Private Health Insurance is in effect: 	
 (Complete, if the children have private health insurance.) 	
Name of insurance company: _____________________________________________\
_____ 
  Policy number: _________________________________________________________\
_____	
  	
 Cost of premium: $______________________________________________________\
_____ 
  Name of person who pays for insurance: _________________________________\
_________ 
  The insurance policy 	
 is  	 is not available through the parent’s work.	 
 
Private Health Insurance NOT in effect: 	
(Complete, if the children do NOT have private health insurance.)  	
The children 	 do  	 do not   receive medical assistance through CHIPS or Medicaid. 	
 	
Cost of premium (if any)	: $_________________________________________________ 	
Health insurance 	 is    	  is not available to the person w ho pays child support at a reasonable cost.	 
 	
 
5.  Custody, Visitation, and Child Support  
My spouse and I agree to try to make an agreement about custody, visitation, and support. If we 
cannot make an agreement, I want the court to make decisions on these is\
sues that are best for our 
children. 
 
 
6. Family Information	
(Check one box.)	 	
  I will fill out and file the Family Information form when I file the Final Decree of Divorce, as 
required by Texas Family Code Section 105.006.   
 I ask the Court for permission  not  to fill out the Family Information form because I believe that 
providing this information could put me and/or my child(ren) in danger\
.	
 	
 
 
7.  Children’s property  
List any property, other than personal item s, owned by the children of this marriage.

8.  Children born during the marriage, but husband is not the father 	
(Check one box.) 
The wife  	  did	      	  did not	 have children with another man while married to the husband. 
All children born during the marriage that are not the husband’s children are named below:  	
Child’s name 	Age	 	Date of Birth	 	Sex	 
a.  	
    	
b.  	   	
c.  	   	
d.  	   	
e.  	   	
f.  	   	
(If more than 6 children, list them on another sheet and write Attach ment B at top. Then attach it to this form.)	
 
I ask the Court to find that the husband is not the legal father of the \
children listed above.	
  	
VI. P	ROPERTY	 	
Community Property  
My spouse and I will try to make an agreement about how to divide our community property and 
debts.  If we cannot agree, I ask the Court to divide our property and debts according to Texas law.	
 	
Separate Property  
List all property that you owned before you were married, including real estate, and all gifts, 
inheritance, or money damages you received from a lawsuit during your marriage, if the money was 
not compensation for lost wages.   	
 	
1. House located at	: 	 	
street address  city    state 
 zip  
 	
2. Land  located at:	 	 	
street address  city   state    zip  
 	
3.  Cars, trucks, motorcycles  or other vehicles 	
Year	  Make	  Model	 Vehicle Identification No. [VIN]	 
 	
    	
 	   	
 	   	
 	   	
 	   	
 
 
4.  Inheritance, gifts, or money from a lawsuit 	
(not for lost wages) given only to you  (describe):

5. Other property  that you owned before you were married  	(describe)	: 	
I ask the Court to confirm this property as my separate property in my  Final Decree of Divorce. 	
VII. N	AME 	CHANGE	  	
I ask the Court to change my name back to the name I had before my marri\
age: 
 
PRINT First                                        Middle                                            Last	 	
VIII.	 PROTECTIVE 	ORDER	  	
(Check one box.) 	
  Neither my spouse nor I have a Protective Order against each other, and neither of us has asked 
for one.  
  Either my spouse or I  do have a Protective Order against each other.   A copy of this order is 
attached to this petition.	
 
(Attach a copy to this Petition and fill out below.)	
  The Court that made the order : 
Cause #    District Court # 
Date:   Justice Court # 	
County:   
 County Court 
# 	 	
State:	 	  Other Court	( explain)   	
 	 	 	
 
IX.
 NOTICE	
 [Your spouse has the legal right to be not ified that you have filed for divorce.]	 	
(Check one box.) 	
  I ask the court to send a process server to give a copy of this  Petition to my spouse here: 
 	
street address                                                          \
      city                                        state                             zip 	
  If this is a work address, name of business:	  	 	
 Do not send a process server to give a copy of this  Petition to my spouse. I believe my spouse 
may sign a  Waiver of Service  or voluntarily file an Answer.  If not, I will ask a process server to give my 
spouse a copy of this  Petition at this address:   
 	
street address                                                          \
 city                                        state                             zip 	
  If this is a work address, name of business:

© Texas Partnership for Legal Access –    Petition for Divorce –Children  Aug. 2009  Page 6 of 	6 
Texas Family Code, Titles I and V.	 	
X. PRAYER 
I ask the Court to grant me a divorce because the marriage has become in\
supportable due to discord 
or conflict of personalities that destroys the legitimate ends of the ma\
rital relationship and prevents any 
reasonable expectation of reconciliation.  I ask the Court to grant me a\
 divorce because my spouse and 
I do not get along and do not plan to live together ever again. I also a\
sk the Court to make the other 
orders I have asked for in this Petition and any other orders I am entit\
led to.	
 	
 
  (        )  
Petitioner’s Name (print)  Phone number	 	
 	 	
   Petitioner’s Signature	  	Date	 	
Petitioner’s 
 
Mailing Address:   	
    city                                        state                              zip
Next: Tennessee Spouses Personal Information Form Previous: Texas Employers Order to Withhold Earnings For Child Support Form
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