Get Texas Original Petition Divorce Form

Do's and Don'ts for Filling Out the Texas Original Petition Divorce Form

• Do read the entire form carefully before starting.
• Do provide accurate and complete information about yourself and your spouse.
• Do check the appropriate boxes for discovery level and jurisdiction.
• Do ensure that you have lived in Texas for the required time before filing.
• Don't leave any required fields blank; this may delay your filing.
• Don't use this form if you have children under 18 or still in high school.
• Don't forget to attach any necessary documents, like protective orders or custody agreements.

1. What is the Texas Original Petition for Divorce form?

   The Texas Original Petition for Divorce form is a legal document used to initiate a divorce proceeding in Texas. It outlines the details of the marriage, the parties involved, and the grounds for divorce.

2. Who can file the Texas Original Petition for Divorce?

   Either spouse can file the petition. The person filing is referred to as the Petitioner, while the other spouse is the Respondent. The Petitioner must meet residency requirements, living in Texas for at least six months and in the county where the petition is filed for at least 90 days.

3. What information is required to complete the form?

   Essential information includes:

   • Your name and driver's license or social security number.
   • Your spouse's name.
   • The discovery level, which indicates the complexity of the case.
   • Details about any protective orders.
   • Dates of marriage and separation.
   • Grounds for divorce.

4. What is the discovery level, and how do I choose one?

   The discovery level helps determine the extent of information exchanged between spouses. Level 1 is for couples without children under 18, while Level 2 applies to all other couples. Choose based on your circumstances.

5. What if my spouse does not respond to the petition?

   If your spouse does not sign a Waiver of Service or file an Answer, you will need to arrange for service of the petition through a sheriff, constable, or process server. This ensures that your spouse is legally notified of the divorce proceedings.

6. Can I file for divorce if I have children under 18?

   No, if you have children under 18 or still in high school, you cannot use this form. Instead, you should file the Petition for Divorce with Children form, which addresses child custody and support issues.

7. What if there is a protective order in place?

   You must indicate whether there is a protective order against your spouse or if you have requested one. If a protective order exists, include the relevant details and ensure a copy is filed with the court before any hearings.

8. How do I handle name changes in the petition?

   You can request a name change back to a name used before marriage. However, you cannot change your name to avoid legal issues. Specify the name you wish to revert to in the form.

9. What are the grounds for divorce in Texas?

   The primary ground for divorce in Texas is insupportability, which means that the marriage has become unworkable due to conflict. You must state this ground in your petition.

10. What fees are associated with filing the petition?

    There is typically a filing fee for submitting the petition. If you cannot afford the fee, you may file an Affidavit of Indigency to request a waiver. Be prepared to pay any associated costs or provide documentation of your financial situation.

How to Use Texas Original Petition Divorce

Filling out the Texas Original Petition for Divorce form is an essential step in initiating the divorce process. Once you complete this form, you will need to file it with the court, after which you can proceed with serving your spouse. Here are the steps to help you fill out the form accurately.

1. Fill in the Cause Number: Leave this blank; the Clerk’s office will complete it when you file the form.
2. Identify the Parties: Write your full name as the Petitioner and your spouse’s full name as the Respondent.
3. Provide Personal Information: Enter the last three digits of your driver’s license and social security numbers, or indicate if you do not have them.
4. Select the Discovery Level: Choose Level 1 if you and your spouse do not have children under 18, the wife is not pregnant, and you have less than $50,000 in property. Otherwise, select Level 2.
5. Legal Notice: Indicate how you plan to serve your spouse. Provide the address where the petition will be served and check the appropriate box regarding your spouse’s response.
6. Jurisdiction: Check the boxes that apply to confirm residency requirements for both you and your spouse.
7. Waiver of Waiting Period: If applicable, check the box to request a waiver of the 60-day waiting period due to family violence.
8. Protective Order Statement: Indicate if there is a protective order in place, pending, or if there is none.
9. Dates of Marriage and Separation: Enter the date of your marriage and the date you stopped living together.
10. Grounds for Divorce: State that the marriage has become insupportable due to discord or conflict.
11. Children: Check the appropriate box regarding children and provide their details if applicable. If you have children, ensure you attach any necessary court orders.
12. Name Change: If you wish to change your name back to a name used before marriage, indicate the new name. Otherwise, check that you are not requesting a name change.

After completing the form, review it carefully for accuracy. Once satisfied, you can file it with the appropriate court and follow the necessary steps to serve your spouse. This process will lead you to the next stages of your divorce proceedings.

Filling out the Texas Original Petition for Divorce form can be a daunting task, and many individuals make common mistakes that can delay the process or lead to complications. One frequent error occurs when people fail to provide complete and accurate information about themselves and their spouse. It's crucial to print the full names clearly and correctly. Missing even a middle name or a slight misspelling can create confusion and may require additional steps to rectify.

Another common mistake is related to the driver's license and social security numbers. Some individuals either forget to include these numbers or mistakenly enter incorrect digits. This information is vital for identification purposes, and inaccuracies can lead to delays in processing the petition. If you do not have a driver's license or social security number, it's essential to indicate that clearly rather than leaving the section blank.

Many people also overlook the importance of jurisdiction requirements. The form specifies that either you or your spouse must have lived in the county where you are filing for at least 90 days, and in Texas for at least six months. Failing to check the appropriate boxes confirming residency can result in your petition being dismissed. Always double-check that you meet these residency requirements before submitting the form.

Additionally, individuals often misinterpret the discovery level section. Selecting the wrong discovery level can complicate the proceedings. Couples without children and minimal property should ensure they check Level 1, while others need to choose Level 2. Misclassification can lead to unnecessary legal expenses and extended timelines.

Another area of confusion arises with the legal notice section. Many people are unsure whether to have their spouse served or to wait for a potential waiver of service. It’s important to clearly indicate your intentions. If you believe your spouse will cooperate, you may choose to skip service for now, but if they do not respond, you must be prepared to follow through with proper service methods.

Lastly, individuals often misunderstand the implications of the protective order section. If there is any history of family violence, it is critical to accurately report this. Misrepresenting or failing to disclose such information can have serious legal consequences and may affect the outcome of the divorce proceedings. Always be honest and thorough in this section to protect your rights and ensure your safety.