Legal Question in Family Law in Texas

I have been told by harris county court that in order to start the process of my divorce i need to file a petition for divorce and i dont know what that is or where to find one. Please point me in the right direction. Thank you Ashley Strickland


Asked on 11/18/09, 6:33 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Here's a general format for a divorce petition with children:

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ORIGINAL PETITION FOR DIVORCE

1. Discovery Level

Discovery in this case is intended to be conducted 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 's driver's license number are 740. The last three numbers of 's Social Security number are 783. is the Respondent.

3. Domicile

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

4. Service

Process should be served on Respondent at

.

5. Protective Order Statement

No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this suit.

6. Dates of Marriage and Separation

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

7. 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.

8. Children of the Marriage

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

Name:

Sex: Male

Birth date: <>

Name:

Sex: Male

Birth date: <>

There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the children the subject of this suit. No property of consequence is owned or possessed by the children the subject of this suit. Petitioner believes that the parties will enter into a written agreement containing provisions for conservatorship of, possession of, access to, and support of the children. If such an agreement is not made, Petitioner requests the Court to make orders for conservatorship of, possession of, access to, and support of the children.

9. Division of Community Property

Petitioner believes that the parties will make an agreement regarding the division of their community estate. If such an agreement cannot be made, Petitioner requests the Court to divide the community property in a manner that the Court deems just and right, as provided by law.

13. 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 for general relief.

Respectfully submitted,

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Answered on 11/25/09, 12:42 pm


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