Fill Your Texas Law Help FM-DivC-100 Original Petition for Divorce Set C Form Launch Texas Law Help FM-DivC-100 Original Petition for Divorce Set C Editor Now

Fill Your Texas Law Help FM-DivC-100 Original Petition for Divorce Set C Form

The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is a legal document used by individuals seeking to initiate a divorce in Texas. This form outlines the necessary information and requests to be made to the court, ensuring that the process begins smoothly. To get started on your divorce proceedings, fill out the form by clicking the button below.

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Dos and Don'ts

When filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, attention to detail is crucial. Here are five things to keep in mind:

  • Do read the instructions carefully before starting. Understanding the requirements will save you time and effort.
  • Do provide accurate and complete information. Incomplete or incorrect details can lead to delays in processing your petition.
  • Do keep a copy of the completed form for your records. This will be useful for future reference and tracking your case.
  • Don't rush through the form. Take your time to ensure that every section is filled out correctly.
  • Don't forget to sign and date the petition. An unsigned form will not be accepted by the court.

Sample - Texas Law Help FM-DivC-100 Original Petition for Divorce Set C Form

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.

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.

My name is: __________________________________________________________________________.

 

First

Middle

 

Last

I am the Petitioner, the person asking for a 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: (Check one box.)

Level 1. Check here if you and your spouse have less than $50,000 in property.

Level 2. All other couples check here.

2. Legal Notice (Check one box.)

I think my spouse will sign a Waiver of Service (or Answer). Do not send a sheriff, constable, or process server to serve my spouse with a copy of this Petition for Divorce at this time.

I will have a sheriff, constable, process server or clerk serve my spouse with this Petition for Divorce 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 by “Official Service of Process”). I understand that I will need to pay the fee (or file a Statement of Inability to Afford Payment of Court Costs if I am unable to pay the fee) and arrange for service.

I cannot find my spouse. I ask that my spouse be served by publication. I understand I must file an Affidavit for Citation by Publication and hire a lawyer to serve as attorney ad litem for my spouse.

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3. Jurisdiction

3A.County Residence Requirement

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

Note: You cannot file for divorce in Texas 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.

There are special rules for military families and others who are absent from the state due to government service. Get more information at www.TexasLawHelp.org.

3B.Texas Residence Requirement

(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.

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

3C.Personal Jurisdiction over Spouse

(Check one box.)

My spouse lives in Texas.

My spouse does not live in Texas.

(If your spouse does not live in Texas, check any boxes that apply below.)

My spouse agrees that a Texas court can make orders in this divorce, including orders dividing our property and debts. My spouse will file a Waiver of Service (or Answer).

Texas is the last state where we lived together as a married couple. This Petition for Divorce is filed less than two years after we separated.

4. 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

5. 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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6. Children Together

My spouse and I do have children together who are under the age of 18 or still in high school. All of our children who are under the age of 18 or still in high school are listed below. However, there is a final court order for custody (conservatorship), visitation, child support and medical support of all the children listed below 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.

Note: Do not use this form if you have a court order about your children but:

1)the order does not include all the children you and your spouse have together, or

2)the order is a temporary order, or

3)you are asking the court to make changes to the order.

If one of these situations applies, you must ask a lawyer to draft the appropriate form for your case.

7. Is the Wife Pregnant?

(Check one box.)

The wife in this marriage is not pregnant.

The wife in this marriage is pregnant. I understand that I cannot finish the divorce until after the child is born.

(If the wife is pregnant, also check one box below.)

The husband is the father of this child. I ask the court to include orders for custody, visitation, child support and medical support for the child in the Final Decree of Divorce.

The husband is not the father of this child. I understand that paternity of the child must be established before I can finish my divorce. (Get information about establishing paternity at www.TexasLawHelp.org.)

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8. Did the Wife have a Child with Another Man while Married to the Husband?

(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 a child 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.

5.

6.

(If the wife had a child or children with another man during the marriage, check one box below,)

Paternity of the child/ren named above has not been established. I understand that paternity of the child/ren must be established before I can finish my divorce. (Get information about establishing paternity at www.TexasLawHelp.org.)

Paternity of the child/ren named above has been established:

(Check one box.)

A court order has established that another man is the biological father and/or the Husband is not the biological father of the child/ren listed above. I understand I must attach a file-stamped copy of the court order to my Final Decree of Divorce.

An Acknowledgement of Paternity was signed by the biological father and a Denial of Paternity was signed by the Husband for the child/ren listed above. I understand I must attach a copy of these documents to my Final Decree of Divorce.

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9.Protective Order Statement (Check the appropriate boxes below. Fill in the requested information.)

Note: You must provide information about any protective order or pending application for protective order

involving you and your spouse or a child of either you or your spouse. This includes information about any: (1) family violence protective order, (2) sexual assault, sexual abuse, trafficking or stalking protective order and/or

(3) emergency protective order issued after an arrest.

You must also attach to this petition a copy of any protective order (even if it’s expired) in which one spouse or child of either spouse was the applicant or victim and the other spouse was the respondent or defendant.

9A. 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.

9B. 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.

9C. Protective Order in Place

I do have a protective order against my spouse. I got the protective order in

____________________________ County, ______________________ on _________________.

CountyStateDate 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 __________________.

CountyStateDate 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.

10. 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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11. Property and Debt

Note: It is important to talk with lawyer if you or your spouse has a house, land, business, retirement funds, other valuable property or debt. Getting advice from a lawyer now can save you time and money in the long run.

About community property: Texas is a community property state. This means that any new property that either spouse gets from the minute they are married until the minute the judge grants the divorce is probably community property, even if the property is only in one spouse’s name.

About separate property: Property owned by a spouse before the marriage is that spouse’s separate property. In addition, if either spouse receives a gift, an inheritance, or a recovery for personal injuries that occurred during the marriage (not including a recovery for lost wages or medical expenses); it is that spouse’s separate property. There are exceptions to these general rules. If you have questions talk to a lawyer.

About retirement: Retirement funds (such as 401k, pension, profit sharing, stock option plans and IRAs) earned by either spouse during the marriage are usually considered to be community property that can be divided by the court. This is true even if you or your spouse has not yet retired. If you want the Court to divide retirement funds (other than an IRA), you will need to have the Court sign an additional form, usually called a “Qualified Domestic Relations Order” (QDRO), to make the division effective. You should have the QDRO prepared before you go to court, so the judge can sign it when you finish your divorce. A QDRO form is not included with this divorce set. You may be able to get a sample QDRO form from the employer or retirement fund administrator. If not, you should hire a lawyer to draft the QDRO form. If you use the employer or retirement fund administrator’s QDRO form, you should still have a lawyer review it to make sure you are not giving up important benefits. Note: If you and your spouse plan to keep your own retirement funds or do not have retirement funds, you do not need a QDRO.

About debt: A creditor’s right to collect a debt is not affected by a divorce decree. So, if the Court orders your spouse to pay a debt (such as a mortgage) that is in both of your names but your spouse doesn’t pay it, the creditor can still seek payment from you. Ask a lawyer how to protect yourself in this situation.

11A. Community Property and Debt

If my spouse and I can agree about how to divide the property and debts we got during our marriage, I ask the Court to approve our agreement. If we cannot agree, I ask the Court to divide our community property and debts according to Texas law.

11B. Separate Property

I own the following separate property. I owned this property before I was married or I received this property as a gift or inheritance during my marriage or I received this property as recovery for personal injuries that occurred during the marriage (not including any recovery for lost wages or medical expenses). I ask the Court to confirm this property as my separate property.

(Fill in all lines. If you have no property to list in a particular category, write “none.”)

House or land located ___________________________________________________________________

 

 

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:

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

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12. Name Change

(Check one box.)

Note: You cannot use this form to change your name to anything other

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

13. Request for Judgment

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

 

 

 

 

Fax #

 

Email Address:

 

 

 

(if any)

 

 

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 or email address changes during these divorce proceedings. If I don’t, any notices about this case including the dates and times of hearings will be sent to me at the mailing address or email address above.

Note: For a referral to a lawyer call your local lawyer referral service

or the State Bar of Texas Lawyer Referral Information Service at 1-800-252-9690.

For information about free and low-cost legal help in your county go to www.TexasLawHelp.org

or call the Legal Aid office serving your area:

Legal Aid of Northwest Texas 1-888-529-5277 (serves Dallas / Ft. Worth area & Northwest Texas)

Lone Star Legal Aid 1-800-733-8394 (serves Houston area & East Texas)

Texas Rio Grande Legal Aid 1-888-988-9996 (serves Austin / San Antonio area, El Paso area & South Texas)

If you have been the victim of family violence, or if at any time you feel unsafe, get help by calling the:

National Domestic Violence Hotline at 1-800-799-SAFE (7233) or

Texas Family Violence Legal Line at 1-800-374-HOPE (4673) or

Advocates for Victims of Crime (AVOICE): at 1-888-343-4414.

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More PDF Templates

Documents used along the form

When initiating a divorce in Texas, the FM-DivC-100 Original Petition for Divorce Set C form is a crucial document. However, several other forms and documents are often required to ensure a smooth process. Understanding these documents can help streamline your experience as you navigate through the divorce proceedings.

  • FM-DivC-101: Citation - This document serves as a formal notice to the other party that a divorce petition has been filed. It informs them of the need to respond to the petition within a specified timeframe.
  • FM-DivC-102: Answer - If the other party wishes to respond to the petition, they must file an Answer. This document outlines their position regarding the divorce and any counterclaims they may have.
  • FM-DivC-103: Waiver of Service - This form allows one spouse to waive their right to receive formal notice of the divorce proceedings. It can simplify the process if both parties agree on the divorce terms.
  • FM-DivC-104: Final Decree of Divorce - Once the divorce is finalized, this document outlines the terms of the divorce, including asset division, child custody, and support arrangements. It is the official record of the divorce judgment.
  • FM-DivC-105: Affidavit of Indigency - If one spouse cannot afford the filing fees, this affidavit can be submitted to request a waiver. It requires the individual to provide information about their financial situation.
  • FM-DivC-106: Child Support Order - If children are involved, this document details the financial support one parent will provide to the other for the care of the children after the divorce.
  • FM-DivC-107: Parenting Plan - This plan outlines how parents will share responsibilities and time with their children post-divorce. It includes details about visitation schedules and decision-making processes.

Each of these documents plays a vital role in the divorce process, ensuring that all parties understand their rights and responsibilities. Being familiar with these forms can help you navigate the complexities of divorce more effectively.

Common mistakes

Filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form can be a daunting task. Many individuals make common mistakes that can delay the process or lead to complications. One frequent error is providing incomplete information. It is essential to fill in all required sections of the form, including personal details and specific reasons for the divorce. Missing information can result in the petition being rejected or returned for corrections.

Another mistake often seen is failing to accurately list the names and addresses of all parties involved. This includes both spouses and any children. Incorrect or missing information can create issues with service of process, which is a crucial step in the divorce proceedings. Ensuring that all names and addresses are correct helps avoid unnecessary delays.

Many people also overlook the importance of reviewing the form for clarity and legibility. Handwriting that is difficult to read can lead to misunderstandings or misinterpretations of the information provided. It is advisable to type the form if possible, as this can enhance clarity and ensure that all details are easily understood.

Additionally, individuals often neglect to check the filing fees associated with the petition. Each county may have different fees, and failing to include the correct amount can result in the petition being rejected. It is important to verify the current fees with the local court to ensure compliance.

Some individuals mistakenly assume that they can submit the form without any supporting documents. However, certain documents may be necessary to support claims made in the petition. This can include financial statements, proof of residency, and other relevant information. Omitting these documents can lead to delays in processing the petition.

Finally, a common error is not signing the form. A signature is required to validate the petition. Without a signature, the court cannot process the document. It is crucial to review the entire form before submission to ensure that all necessary signatures are included.

Misconceptions

When it comes to navigating the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, there are several misconceptions that can lead to confusion. Understanding the truth behind these myths can make the process smoother and less stressful. Here are six common misconceptions:

  • It’s only for couples with children. Many people believe this form is exclusively for those with kids. In reality, the FM-DivC-100 can be used by couples without children as well.
  • You can’t file for divorce without a lawyer. While having legal representation can be beneficial, individuals can file this form on their own. Texas allows self-representation in divorce cases.
  • Filing the form guarantees a quick divorce. Submitting the FM-DivC-100 is just one step in the process. A quick divorce depends on various factors, including court schedules and any disputes between parties.
  • The form is the same for all types of divorce. There are different forms for different situations. The FM-DivC-100 is specifically tailored for certain circumstances, so it’s important to ensure you’re using the right one.
  • Once filed, you can’t make changes. Many believe that once they submit the form, it’s set in stone. However, amendments can be made if necessary, but it’s best to avoid errors in the first place.
  • You must live in Texas for a long time before filing. While there are residency requirements, you don’t need to have lived in Texas for years. As long as you meet the minimum residency requirements, you can file.

Being informed about these misconceptions can empower individuals to approach the divorce process with clarity and confidence. Take the time to understand the requirements and steps involved, and don’t hesitate to seek guidance if needed.

Key takeaways

When preparing to fill out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, consider the following key takeaways:

  • Understand the purpose of the form. It initiates the divorce process in Texas.
  • Gather all necessary personal information, including full names, addresses, and dates of birth.
  • Clearly state the grounds for divorce. Texas recognizes both no-fault and fault-based grounds.
  • Be precise when detailing the children involved, if any. Include their names and birthdates.
  • Indicate the desired arrangements for child custody, visitation, and support.
  • List all marital property and debts. This information is crucial for equitable division.
  • Review the residency requirements for filing in Texas to ensure eligibility.
  • Consider consulting with a legal professional for guidance, especially if complex issues arise.
  • File the completed form with the appropriate court, following local rules and procedures.
  • Keep copies of all documents submitted and received for your records.

By following these key points, you can navigate the process of completing the FM-DivC-100 form with greater confidence.

File Characteristics

Fact Name Details
Purpose The FM-DivC-100 form is used to initiate a divorce proceeding in Texas.
Governing Law The form is governed by the Texas Family Code.
Eligibility Both parties must meet residency requirements to file for divorce in Texas.
Filing Location The form is filed in the district court of the county where either spouse resides.
Required Information Petitioners must provide personal information, including names, addresses, and marriage details.
Response Time The respondent typically has 20 days to file a response after being served.
Additional Forms Other forms may be required, such as a citation and a notice of hearing.
Filing Fees A filing fee is required, which varies by county.
Legal Representation While legal representation is not mandatory, it is highly recommended.
Finalization The divorce is finalized through a court order after all issues are resolved.

How to Use Texas Law Help FM-DivC-100 Original Petition for Divorce Set C

After gathering the necessary information and documents, the next step involves filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form. This form is crucial for initiating the divorce process in Texas. Careful attention to detail is required to ensure accuracy and completeness.

  1. Begin by entering the court's name at the top of the form. This is typically the district court in the county where you or your spouse resides.
  2. Fill in the case number, if known. If this is your first filing, this space may be left blank.
  3. Provide your name in the section labeled “Petitioner.” Include your full legal name as it appears on your identification documents.
  4. In the “Respondent” section, enter your spouse's full legal name.
  5. Indicate your current address in the designated area. Make sure to include the city, state, and zip code.
  6. Next, provide the date of your marriage. This is essential for establishing the timeline of your marriage.
  7. Fill in the date of separation. This is the date you and your spouse began living apart.
  8. List any children of the marriage. Include their names and birthdates in the appropriate section.
  9. State the grounds for divorce. Texas allows for both fault and no-fault grounds; select the one that applies to your situation.
  10. Indicate whether you are requesting spousal support. This section requires careful consideration of your financial needs.
  11. Sign and date the form at the bottom. Your signature is a declaration that the information provided is true and correct.
  12. Make copies of the completed form for your records and for your spouse, as you will need to serve them a copy.

Once the form is filled out, the next step involves filing it with the appropriate court and serving your spouse with the documents. Following these steps carefully will help ensure a smoother process as you move forward.