Form 31-1

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Petition for Clarification of Property Division

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

2.Petitioner objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

3.This suit is brought by [name of petitioner], Petitioner. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Security number.]

Respondent, [name of respondent], should be served with process [include if applicable: at [address, city, state, zip code]].

4.On [date] this Court signed an order that appears in the minutes of this Court and states in relevant parts as follows: [quote portions of order or decree to be clarified].

4.On [date] this Court signed an order that appears in the minutes of this Court, the relevant portion[s] of which [is/are] attached as Exhibit [exhibit number/letter].

5.Petitioner believes that the quoted portions of the order may not be specific enough to be enforceable by contempt and requests that, if the Court so finds, the Court con­strue and clarify the terms of its prior order to make specific [specify the items that need clari­fication].

6.Petitioner requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying order restating the terms of the order, decree, or judgment in a manner specific enough to allow enforcement by contempt and specifying a reasonable time within which compliance will be required.

7.Since the date of the [order/decree], several disputes have arisen between Peti­tioner and Respondent concerning the construction and interpretation of this provision. Peti­tioner prays that the Court issue a clarifying order to read substantially as follows: [insert new language to be added to previous order or decree]. Petitioner further requests the Court to specify in its clarifying order any other duty, obligation, or act necessary to the enforcement of the [order/decree] and a reasonable time within which compliance will be required.

8.It was necessary to secure the services of [name of attorney], a licensed attorney, to enforce and protect the rights of [name of petitioner]. Respondent should be ordered to pay reasonable attorney’s fees, expenses, and costs, and a judgment should be rendered in favor of the attorney and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney’s own name. Petitioner requests postjudgment interest as allowed by law.

Petitioner prays that citation and notice issue as required by law, that the Court grant the Petition for Clarification of Property Division, for attorney’s fees, expenses, costs, and interest, and for all further relief authorized by law.

   
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]