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Blank Texas Original Petition Divorce PDF Form

The Texas Original Petition for Divorce form is a legal document that initiates the divorce process in Texas. This form must be completed and filed by the spouse seeking a divorce, known as the Petitioner, and includes essential information about both spouses and the marriage. To begin your divorce proceedings, fill out the form by clicking the button below.

Content Overview

The Texas Original Petition for Divorce form serves as a crucial document for individuals seeking to initiate the divorce process in Texas. This form requires the petitioner to provide essential information about themselves and their spouse, including names, identification numbers, and residency details. It also addresses the discovery level, which indicates the complexity of the case based on the couple's financial situation and whether they have children. Legal notice procedures are outlined, allowing the petitioner to choose how to serve their spouse with the petition. Additionally, the form includes jurisdiction requirements, ensuring that the court has the authority to hear the case based on residency. If applicable, it allows for a waiver of the waiting period in cases involving family violence. The petition also addresses protective orders, providing space to indicate whether any such orders are in place. Furthermore, it requires details about the marriage, including dates of marriage and separation, as well as grounds for divorce. For those without children, this form is appropriate, while couples with children must use a different petition. Finally, it includes a section for name changes, should the petitioner wish to revert to a name used prior to marriage. Each section is designed to ensure that all necessary information is collected to facilitate a smooth divorce process.

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Texas Family Code, Chapter 6 Page 1 of 6

Original Petition for Divorce

Print your answers.

Parties

My name is: __________________________________________________________________________.

First Middle Last

I am the Petitioner. I am filing this Petition for 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: ___ ___ ___.

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:

Level 1. Check here if you and your spouse do not have children under 18 or a disabled child of any age, the wife is not

pregnant, and you have less than $50,000 in property.

Level 2. All other couples check here.

2. Legal Notice

(Check one box.)

I will have a sheriff, constable, process server or clerk serve my spouse with this Petition here:

_________________________________________________________________________________.

Street Address City State Zip

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).

I understand that I will need to pay the fee (or file an Affidavit of Indigency form to show the Court that

I am unable to pay the fee) and arrange for service.

I think my spouse will sign a Waiver of Service or file an Answer and sign the Final Decree of Divorce.

Do not send a sheriff, constable, or process server to serve my spouse with this Petition at this time.

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:

In the ______________

(Court Number)

District Court

County Court at Law

County, Texas

Print first, middle and last name of the spouse filing for divorce.

And

Respondent:

Print first, middle and last name of other spouse.

Texas Family Code, Chapter 6 Page 2 of 6

If my spouse does not sign a Waiver of Service or file an Answer, I will have a sheriff, constable,

process server or clerk serve my spouse with this Petition here:

________________________________________________________________________________.

Street Address City State Zip

If this is a work address, name of business: _____________________________________________.

I will ask the clerk to issue a Citation of Service (the form necessary to provide legal notice to my

spouse). I understand that I will need to pay the fee (or file an Affidavit of Indigency form to show the

Court that I am unable to pay the fee) and arrange for service.

3. Jurisdiction

County of Residence

(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 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 outside of Texas, but this county

has been the home county of either my spouse or me for at least 90 days.

None of the above applies.

State of Residence

(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.

My spouse does not live in Texas but Texas is the last state where my spouse and I lived together as

a married couple. This Petition is filed less than two years after we separated.

I am serving in the armed forces 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 outside of Texas, but Texas is the

home state of either my spouse or me and has been for at least 6 months.

None of the above applies.

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.

Note: You cannot file this form 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.

Special Rules for Military Families: If you are serving in the armed forces outside of Texas or you

have accompanied your spouse who is serving in the armed forces outside of Texas, you may still file

this form if Texas has been the home state of either spouse for at least 6 months and the county

where

lan to file the divorce has been the home count

of either s

ouse for at least 90 da

Texas Family Code, Chapter 6 Page 3 of 6

4. Protective Order Statement

(Check the appropriate boxes.)

A. 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.

B. 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.

C. Protective Order in Place

I do have a Protective Order against my spouse. I got the Protective Order in

_______________________ County, _________________ on _________________.

County State Date 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 _________________.

County State Date 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.

5. Dates of Marriage and Separation

My spouse and I got married on or about: ___________________________________________________.

Month Day Year

We stopped living together as spouses on or about: ___________________________________________.

Month Day Year

6. 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.

Texas Family Code, Chapter 6 Page 4 of 6

7. Children

Children you and your spouse have together

(Check one box. Fill in the requested information if applicable.)

My spouse and I do not have any biological or

adopted children together who are under the age

of 18 or still in high school.

My spouse and I do have children together who are under the age of 18 or still in high school. Our

children are listed below. There is a final court order for custody and support of our children 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

If more than 6 children, list them on another sheet and write Attachment A at the top. Then attach it to this form.

Adult Disabled Children

(Check one box.)

My spouse and I do not have any

disabled children over 18.

My spouse and I do have a disabled child over 18.

Pregnancy

(Check one box.)

The wife in this marriage is not pregnant.

The wife in this marriage is pregnant.

(If pregnant, also check one box below.)

The husband is the father of this child.

The husband is not the father of this child.

Note: Do not use this form if you and your

spouse have children together who are under

the age of 18 or still in high school, unless

there is a final court order for custody and

support of all the children and you are not

asking to change that order. Instead, use the

Petition for Divorce with Children form.

Note: If you have a disabled child,

talk to a lawyer before filing this form.

You or your spouse may be entitled

to receive child support, even after

the child becomes an adult.

Note: If the wife is pregnant and the husband is not the biological father of the child, paternity of the

child must be established before you can finish your divorce. See Texas Family Code Section 160.204.

Paternity may be established by:

● filing, with the court, a case to Adjudicate Parentage, or

● filing, with the Texas Vital Statistics Unit, an Acknowledgement of Paternity signed by the genetic

father and a Denial of Paternity signed by the husband.

The Office of the Attorney General may be able to help establish paternity of the child.

Get more information about establishing paternity at

www.TexasLawHelp.org.

If the wife is pregnant and the husband is the biological father of the child, you must wait until the child

is born to finish your divorce.

Texas Family Code, Chapter 6 Page 5 of 6

Children Born During the Marriage, but Husband is Not the Father

(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 children 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

If more than 4 children, list them on another sheet and write Attachment B at the top. Then attach it to this form.

(Check one box.)

Paternity of the children named above has not been established. I understand that paternity of the

children must be established before I can finish my divorce.

Paternity of the children named above has been established:

(Check one box.)

A court order has determined the father of each child named above. I understand I must attach

a file-stamped copy of the order to my Final Decree of Divorce.

An Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed

by the Husband has been filed with the Texas Vital Statistics Unit for each child named above.

I understand I must attach a copy of these documents to my Final Decree of Divorce.

8. Name Change

(Check one box.)

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

Note: If the wife had children with another man while married to the husband, paternity of the

children must be established before you can finish your divorce. This is true even if the children

were born after the husband and wife separated. See Texas Family Code Section 160.204.

Paternity may be established by:

● filing, with the court, a case to Adjudicate Parentage, or

● filing, with the Texas Vital Statistics Unit, an Acknowledgement of Paternity signed by the

genetic father and a Denial of Paternity signed by the Husband.

The Office of the Attorney General may be able to help establish paternity of the children.

Get more information about establishing paternity at

www.TexasLawHelp.org.

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

than a name you used before you got married.

Texas Family Code, Chapter 6 Page 6 of 6

9. Property

Community Property

If my spouse and I are able to reach an agreement for the division of our property and debts, I ask the

Court to approve our agreement. If such an agreement is not made, I ask the Court to divide our property

and debts in a way that is just and right, according to Texas law.

Separate Property

I ask the court to confirm the following property as my separate property. This is money or property I

owned before I was married, that I received as a gift or inheritance during my marriage, that I received for

personal injuries that occurred during my marriage that was not for lost wages or medical expenses, or

property I purchased during my marriage with separate property funds.

House located at

:______________________________________________________________________

Street Address City State Zip

Land located at: _______________________________________________________________________

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:

(describe)

Money I received as recovery for personal injuries that occurred during the marriage that was not for lost

wages or medical expenses:

(describe)

10. Prayer

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 Name Date



( )

Petitioner’s Signature Phone

Mailing Address City State Zip

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 changes during these divorce

proceedings. If I don’t, any notices about this case will be sent to me at the address above.

Important: Talk to a lawyer if you or your spouse has retirement benefits or other employment

benefits such as a 401(k), pension, profit sharing or stock option plan. The part of a spouse’s benefits

earned during the marriage can usually be divided by the court when you get divorced. This is true

even if the spouse has not yet retired. However, you must hire a lawyer to correctly write the

additional documents the court will need to divide the benefits.

➤ PDF File

Form Specifications

Fact Name	Fact Description
Cause Number	The Clerk's office assigns the Cause Number and Court Number upon filing the petition.
Petitioner and Respondent	The form requires the full names of both spouses, identifying the Petitioner as the spouse filing for divorce.
Discovery Level	Couples must indicate the discovery level based on their circumstances, with Level 1 for simpler cases and Level 2 for more complex situations.
Jurisdiction Requirements	At least one spouse must have lived in Texas for six months and in the filing county for 90 days before submitting the petition.
Waiver of Waiting Period	The form allows for a waiver of the standard 60-day waiting period if there is evidence of family violence.
Grounds for Divorce	The petition states that the marriage is insupportable due to discord, preventing reconciliation.
Children Consideration	This form is specifically for couples without children under 18 or still in high school, unless there is a final court order regarding custody and support.

Texas Original Petition Divorce: Usage Guidelines

Filling out the Texas Original Petition for Divorce form is an essential step in the divorce process. Once completed, this form will be filed with the court, and it initiates the legal proceedings for your divorce. Ensure that all information is accurate and complete to avoid any delays in your case.

Cause Number: Leave this section blank. The Clerk’s office will fill in the Cause Number and Court Number when you file the form.
Petitioner and Respondent: Write your full name as the Petitioner, followed by your spouse's full name as the Respondent.
Discovery Level: Indicate the appropriate discovery level by checking either Level 1 or Level 2 based on your circumstances.
Legal Notice: Fill in the address where you want the Petition served. If applicable, include the name of the business if it’s a work address. Choose whether you want a sheriff or process server to serve your spouse or if you believe they will sign a Waiver of Service.
Jurisdiction: Check the boxes that apply to your residency status in Texas and the county where you are filing.
Waiver of Waiting Period: If applicable, check the box to request a waiver of the 60-day waiting period due to family violence.
Protective Order Statement: Indicate whether you have a Protective Order against your spouse or if one is pending. Provide details as required.
Dates of Marriage and Separation: Enter the date of your marriage and the date you stopped living together.
Grounds for Divorce: State that you are asking for a divorce based on the marriage being insupportable due to discord or conflict.
Children: Indicate whether you have children together and provide their details if applicable. If you do not have children under 18, check the appropriate box.
Name Change: If you wish to change your name back to a name you used before marriage, indicate this and provide the name you want.

After completing the form, double-check all entries for accuracy. Once you are satisfied, you can file it with the court. Following this, you will need to arrange for service of the petition to your spouse, which is a crucial next step in the divorce process.

Your Questions, Answered

What is the Texas Original Petition for Divorce form?

The Texas Original Petition for Divorce form is a legal document that initiates the divorce process in Texas. It is used by the spouse filing for divorce, known as the Petitioner, to formally request the court to dissolve the marriage. This form includes essential information about both spouses, the grounds for divorce, and any applicable details regarding children, property, and protective orders.

Who can file the Texas Original Petition for Divorce?

Any spouse wishing to file for divorce can use this form, provided they meet certain residency requirements. At least one spouse must have lived in Texas for the last six months and in the county where the petition is filed for at least the last 90 days. Special rules apply for military families, allowing them to file even if they are stationed outside Texas, as long as Texas remains their home state.

What information is required on the form?

The form requires several key pieces of information. This includes the names of both spouses, their addresses, driver’s license and social security numbers, the dates of marriage and separation, and the grounds for divorce. Additionally, it asks about children from the marriage, any protective orders in place, and whether a name change is requested. Accurate and complete information is crucial for the petition to be processed smoothly.

What if my spouse and I have children together?

If you and your spouse have children under 18 or still in high school, you cannot use this form. Instead, you must use the Petition for Divorce with Children form. This is because additional considerations regarding child custody and support must be addressed. If there is already a final court order regarding custody and support, you may indicate that you are not seeking to change it.

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

The discovery level indicates the complexity of the divorce case and the amount of information that may need to be exchanged between the parties. Level 1 is for simpler cases, typically when there are no children under 18, no pregnant spouse, and less than $50,000 in property. Level 2 is for all other cases. You should select the appropriate level based on your situation to ensure the process is handled correctly.

What happens after I file the Texas Original Petition for Divorce?

After filing the petition, the court will assign a Cause Number and Court Number. The Petitioner must then arrange for the Respondent to be served with the petition, either through a process server or by having the Respondent sign a Waiver of Service. The court will require proof of service before proceeding with the divorce. If the Respondent does not respond, the Petitioner may seek a default judgment.

Can I request a waiver of the waiting period for divorce?

Yes, you can request a waiver of the standard 60-day waiting period if there are circumstances involving family violence. You must check the appropriate box on the form and provide the necessary details regarding any protective orders or convictions related to family violence. The court will consider this request based on the information provided.

Common mistakes

Failing to provide accurate personal information. Ensure that the full names of both the Petitioner and Respondent are clearly printed.
Not including the correct driver’s license or social security number. If you do not have either, make sure to indicate that clearly.
Incorrectly selecting the discovery level. Choose the appropriate level based on your situation, especially if you have children or significant property.
Neglecting to provide a valid address for serving the Respondent. This address must be accurate to ensure proper legal notice.
Overlooking jurisdiction requirements. Confirm that you or your spouse have lived in the county and Texas for the required time before filing.
Not checking the appropriate boxes regarding protective orders. This can impact the proceedings and should be accurately represented.
Failing to list the correct dates of marriage and separation. These dates are crucial for the divorce process.
Misrepresenting the status of children. If there are children involved, ensure that all necessary information is provided accurately.
Not following name change rules. If requesting a name change, it must be a name used before marriage, and this should be clearly stated.

Documents used along the form

When filing for divorce in Texas, the Original Petition for Divorce is just one of several important documents. Each of these forms plays a crucial role in the divorce process, ensuring that the court has the necessary information to proceed. Here are four other commonly used documents that accompany the Texas Original Petition Divorce form:

Citation: This document notifies the other spouse that a divorce has been filed. It includes important information such as the court's name, the case number, and instructions for the respondent on how to respond. The court issues this after the Original Petition is filed.
Answer: If the respondent chooses to contest the divorce, they must file an Answer. This document outlines their position regarding the divorce and any claims they may have. It is essential for the respondent to submit this within a specified time frame to avoid default judgment.
Final Decree of Divorce: This is the document that officially ends the marriage. It includes the court’s decisions on issues such as property division, child custody, and support obligations. Both parties may need to sign this document if they reach an agreement.
Affidavit of Indigency: If a party cannot afford the filing fees associated with the divorce, they can file this affidavit. It provides the court with information about their financial situation and requests a waiver of fees.

Understanding these documents can help individuals navigate the divorce process more smoothly. Each form serves a specific purpose and contributes to the overall resolution of the divorce case.

Similar forms

Petition for Divorce with Children: This document is similar to the Texas Original Petition Divorce form but is specifically designed for couples who have children under the age of 18. It includes additional sections to address custody, support, and visitation arrangements, which are not necessary in the original petition when no children are involved.
Answer to Petition for Divorce: This document is filed by the respondent spouse in response to the original petition. It allows the respondent to present their side of the case, address any claims made by the petitioner, and outline their own requests regarding the divorce, similar to how the original petition outlines the petitioner's requests.
Motion for Temporary Orders: This document is often filed during the divorce process to request immediate relief on issues such as child custody, child support, and spousal support. Like the original petition, it serves to inform the court of the requesting party's needs and circumstances, but focuses on temporary arrangements rather than the final divorce decree.
Final Decree of Divorce: This document is the concluding order issued by the court that finalizes the divorce. It details the terms of the divorce, including division of property, custody arrangements, and any support obligations, similar to how the original petition outlines the initial requests and circumstances leading to the divorce.

Dos and Don'ts

When filling out the Texas Original Petition for Divorce form, it is crucial to approach the process with care and attention to detail. Here are seven important dos and don'ts to keep in mind:

Do ensure that all personal information is accurate, including names, addresses, and identification numbers.
Do double-check the jurisdiction requirements to confirm that you and your spouse meet the residency criteria.
Do clearly indicate your grounds for divorce, ensuring that your reasoning aligns with Texas law.
Do be honest about any protective orders in place, as this can impact your case.
Don't forget to sign and date the form; an unsigned petition will not be accepted.
Don't provide incomplete information about children or other significant details, as this may delay the process.
Don't assume that the court will accept your petition without proper fees or necessary documentation; be prepared to pay any required fees or file for a fee waiver.

By following these guidelines, you can help ensure a smoother process as you navigate your divorce proceedings in Texas.

Misconceptions

Misconceptions about the Texas Original Petition Divorce form can lead to confusion and delays in the divorce process. Here are seven common misconceptions:

It's the only form needed for divorce. Many believe that the Texas Original Petition Divorce form is sufficient for all divorce cases. However, this form is only appropriate for couples without children under 18. If children are involved, a different form is required.
Filing the form guarantees a quick divorce. Some think that simply filing the petition will result in a swift divorce. In reality, the process involves multiple steps, including serving the spouse and possibly attending hearings, which can take time.
It's okay to file without meeting residency requirements. A common misunderstanding is that individuals can file for divorce regardless of where they live. Texas law requires that at least one spouse must have lived in Texas for six months and in the filing county for 90 days before filing.
All information must be provided at once. Many people believe they need to complete the entire form in one sitting. While it's ideal to fill out the form as completely as possible, it can be completed in parts, allowing time to gather necessary information.
Legal representation isn't necessary. Some individuals assume that they can navigate the divorce process without legal help. While it's possible to file without an attorney, having legal guidance can ensure that all requirements are met and rights are protected.
Service of process is optional. A frequent misconception is that serving the spouse with the petition is not necessary if they are aware of the divorce. In fact, proper legal service is required to proceed with the divorce.
The waiting period can be waived for any reason. Many believe that the 60-day waiting period can be waived simply by requesting it. However, this is only possible under specific circumstances, such as documented family violence.

Understanding these misconceptions can help individuals navigate the divorce process more effectively and avoid unnecessary complications.

Key takeaways

Filling out the Texas Original Petition Divorce form is a critical step in initiating the divorce process. Here are some key takeaways to keep in mind:

Accurate Information is Essential: Ensure that all personal details, including names and identification numbers, are filled out correctly. Mistakes can lead to delays.
Understand the Discovery Level: Choose the appropriate discovery level based on your situation. This will determine the extent of information exchange required during the divorce process.
Legal Notice is Required: You must arrange for legal notice to be served to your spouse. This can be done through a sheriff, constable, or process server, and it may involve a fee.
Jurisdiction Matters: Confirm that you or your spouse have met the residency requirements for filing in Texas. This includes living in the state for at least six months and in the county for at least 90 days.
Protective Orders: If applicable, be sure to disclose any protective orders in place. This information is crucial for the court to understand the context of your situation.

Completing this form accurately and thoroughly will help facilitate a smoother divorce process. Take the time to review your answers before submitting to avoid any unnecessary complications.