To adapt this form for use as an original counterpetition, change the term Petition to Counterpetition, the term Petitioner to Counterpetitioner, and the term Respondent to Counterrespondent.
When using this form, exercise caution if there is a marital-property agreement in existence, as portions of this form may violate the terms of the agreement. See In re Marriage of I.C. & Q.C., 551 S.W.3d 119 (Tex. 2018).
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Original Petition for Divorce
1.Discovery
Discovery in this case is intended to be conducted under [level 1/level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [Include if level 1: No children are involved in this divorce case, and the value of the marital estate is more than zero but not more than $250,000.] [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.
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If one or more additional causes of action (see forms 3-31 through 3-45) are incorporated in the petition, include any further statements that may be required by Tex. R. Civ. P. 47, tailored as appropriate for the relief sought. |
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Include 2. if applicable. |
2.Objection to Assignment of Case to Associate Judge
§ 201.005
2.Objection to Assignment of Case to Associate Judge
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.Parties
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.]
[Name of respondent] is Respondent.
4.Domicile
4.A.General Requirement
§ 6.301
[Petitioner/Respondent] has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period.
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Or |
4.B.Suit by Nonresident Spouse
§ 6.302
Petitioner is domiciled in another state or nation. Respondent has been a domiciliary of Texas for at least the last six months and is a resident of this county.
5.Service
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Select one of the following. |
Process should be served on Respondent [include if applicable: at [address, city, state, zip code]].
No service on Respondent is necessary at this time.
Citation of Respondent by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].
5.D.No Attorney Ad Litem
§ 6.409(e)
There is no child under eighteen years of age who was born or adopted of this marriage by the spouses, and no appreciable amount of property was accumulated by the spouses during the marriage. Therefore, Petitioner requests that the Court dispense with the appointment of an attorney ad litem.
6.Long-Arm Jurisdiction
6.A.1.Statutory Ground
§ 6.305(a)(1)
Respondent is a nonresident of Texas. Petitioner is a resident or a domiciliary of Texas at the commencement of this suit. Texas is the last state in which marital residence between Petitioner and Respondent occurred, and this suit is filed before the second anniversary of the date on which marital residence ended.
6.A.2.Other Long-Arm Jurisdiction Facts
§ 6.305(a)(2)
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State other facts for long-arm jurisdiction. |
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Include 6.B. if separate long-arm personal jurisdiction is required with respect to the suit affecting the parent-child relationship. |
6.B.Parent-Child Suit Jurisdiction
6.B.1.Child[ren] Reside[s] in Texas
§ 102.011(b)(3)
The child[ren] the subject of this suit reside[s] in Texas as a result of the acts or directives of the nonresident person.
6.B.2.Former Resident
§ 102.011(b)(4)
The nonresident person has resided in Texas with the child[ren] the subject of this suit.
6.B.3.Payment of Prenatal Expenses or Support
§ 102.011(b)(5)
The nonresident person has resided in Texas and provided prenatal expenses or support for the child[ren] the subject of this suit.
6.B.4.In-State Intercourse
§ 102.011(b)(6)
The nonresident person engaged in sexual intercourse in Texas, and the child[ren] the subject of this suit may have been conceived by that act of intercourse.
6.B.5.Personal Service of Citation
§ 102.011(b)(1)
The nonresident person was or will be personally served with citation in Texas.
6.B.6.Submission to Jurisdiction
§ 102.011(b)(2)
The nonresident person has submitted or will submit to the jurisdiction of Texas by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.
6.B.7.Paternity Registry/AOP
§ 102.011(b)(7)
The nonresident person [registered with the paternity registry maintained by the vital statistics unit/signed an acknowledgment of paternity of a child born in Texas who is the subject of this suit] as provided by chapter 160 of the Texas Family Code.
6.B.8.Other Long-Arm Jurisdiction Facts
§ 102.011(b)(8)
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State other facts for long-arm jurisdiction. |
7.Protective Order Statement
§ 6.405
7.Protective Order Statement
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Select 7.A. if no order is in effect and no application is pending. Include 7.B. if one or more orders are in effect. Include 7.C. if one or more applications are pending. |
7.A.No Order or Pending Application
No protective order under title 4 of the Texas Family Code, protective order under subchapter A of chapter 7B of the Texas Code of Criminal Procedure, or order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit, and no application for any such order is pending.
[Include as applicable: A protective order under title 4 of the Texas Family Code/A protective order under subchapter A, chapter 7B, of the Texas Code of Criminal Procedure/An order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] in regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit was issued by the [designation] Court in Cause No. [number] and was entered on [date]. A copy of the order is [attached to this petition as Exhibit [exhibit number/letter]/not available at this time, but a copy of the order will be filed with the Court before any hearing]. [Repeat as applicable if more than one order is in effect.]
An application for [include as applicable: a protective order under title 4 of the Texas Family Code/a protective order under subchapter A, chapter 7B, of the Texas Code of Criminal Procedure/an order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure] is pending with regard to [a party/[a] child[ren] of a party/a party to this suit and [a] child[ren] of a party] to this suit. The application for [protective order/order for emergency protection] was filed on [date] in the [designation] Court in Cause No. [number]. [Repeat as applicable if more than one application is pending.]
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Include 8. if applicable. |
8.Waiver of Waiting Period
§ 6.702
8.Waiver of Waiting Period
Petitioner requests that this Court grant a divorce prior to the sixtieth day after the date of filing of this Original Petition for Divorce based on a finding that [Respondent has been finally convicted of or received deferred adjudication for an offense involving family violence, as defined by section 71.004 of the Texas Family Code, against [Petitioner/a member of Petitioner’s household]/Petitioner has an active [protective order under title 4 of the Texas Family Code/magistrate’s order for emergency protection under article 17.292 of the Texas Code of Criminal Procedure], based on a finding of family violence, against Respondent because of family violence committed during the marriage].
9.Dates of Marriage and Separation
The parties were married on or about [date] and ceased to live together as spouses on or about [date].
10.Grounds for Divorce
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If pleading grounds in addition to insupportability, consider pleading those grounds first and insupportability in the alternative. |
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.
Respondent is guilty of cruel treatment toward Petitioner of a nature that renders further living together insupportable.
Respondent has committed adultery.
Since the marriage, Respondent has been convicted of a felony; has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and has not been pardoned. Respondent was not convicted on the testimony of Petitioner.
Respondent has left Petitioner with the intention of abandonment and has remained away for at least one year.
Petitioner and Respondent have lived apart without cohabitation for at least three years.
10.G.Respondent’s Confinement in Mental Hospital
§ 6.007
Respondent has been confined in a mental hospital in Texas or another state for at least three years, and it appears that Respondent’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable. A guardian ad litem should be appointed for Respondent.
11.Child[ren] of the Marriage
There is no child born or adopted of this marriage, and none is expected.
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Or |
11.B.No Child under 18 or Otherwise Entitled to Support
There is no child under eighteen years of age or otherwise entitled to support who was born or adopted of this marriage, and none is expected.
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Include 11.C. if applicable. |
11.C.Denial of Paternity
§§ 160.602, 160.607, 160.608, 160.621(c)
Petitioner denies [he/[name of husband]] is the father of [name of child] and requests genetic testing under chapter 160 of the Texas Family Code. [Include if denial is filed more than four years after child’s birth: [He/[name of husband]] [did not live or engage in sexual relations with [name of wife] during the probable period of conception/was precluded from commencing a proceeding to adjudicate the parentage of the child within four years after the child’s birth because of the mistaken belief that he was the child’s biological father based on misrepresentations that led him to that conclusion].]
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Or |
11.D.Child[ren] under 18 or Otherwise Entitled to Support under Jurisdiction of Another Court
§§ 154.306, 154.001(a)(4), 155.201(a)
Petitioner and Respondent are parents of [a] child[ren] of this marriage who [is/are] under the continuing jurisdiction of the [designation] Court of [county] County, Texas.
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Or |
11.E.Child[ren] under 18 or Otherwise Entitled to Support Not under Jurisdiction of Another Court
§§ 154.306, 154.001(a)(4)
Petitioner and Respondent are parents of the following child[ren] of this marriage who [is/are] not under the continuing jurisdiction of any other court:
Name:
Sex:
Birth date:
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Repeat above information for each additional child. |
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Include 11.F. if applicable. |
11.F.Gestational Agreement
§ 6.406(a–1)
Petitioner and Respondent have entered into a gestational agreement establishing a parent-child relationship between them as intended parents and an unborn child on the birth of the child. The gestational mother under the agreement [is/is not] pregnant. [A/No] child who is the subject of the agreement has been born. The agreement [has/has not] been validated under section 160.756 of the Texas Family Code.
11.G.Court-Ordered Relationships
There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the child[ren] the subject of this suit.
11.G.2.Court-Ordered Relationships
§ 102.008(b)(5)–(7)
Persons having a court-ordered relationship with the child[ren] the subject of this suit are:
Name:
Relationship:
•Service
§ 102.009
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If 11.G.2. was used, select one of the following. |
a.Personal
Process should be served [include if applicable: at [address, city, state, zip code]].
b.Waiver
No service is necessary at this time.
c.Substituted
§ 102.010
Citation by publication or other substituted service is necessary for the reasons stated in the affidavit attached as Exhibit [exhibit number/letter].
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Repeat for each additional person having a court-ordered relationship with the child(ren). |
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Include 11.H. if any party resides outside Texas. |
11.H.UCCJEA Information
§ 152.209
Information required by section 152.209 of the Texas Family Code is provided in the affidavit attached as Exhibit [exhibit number/letter].
11.I.Insurance Information
§§ 154.181(b), 154.1815(c)
•Required
Information required by sections 154.181(b) and 154.1815(c) of the Texas Family Code is provided in the statement attached as Exhibit [exhibit number/letter].
11.J.Child[ren]’s Property
§ 102.008(b)(9)
No property of consequence is owned or possessed by the child[ren] the subject of this suit.
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Or |
The following property is owned or possessed by the child[ren] the subject of this suit and is valued as stated: [describe and state value of property for each child].
11.K.Conservatorship and Support
Petitioner believes that Petitioner and Respondent will enter into a written agreement containing provisions for conservatorship of, possession of, access to, and support of the child[ren]. If such an agreement is made, Petitioner requests that the Court approve that agreement and adopt it as the Court’s order. 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 child[ren].
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Or |
11.K.2.Petitioner and Respondent Permanent Joint Managing Conservators
§§ 153.005, 153.073, 153.074, 153.131, 153.132, 153.134, 154.001, 154.008
Petitioner and Respondent, on final hearing, should be appointed joint managing conservators. Petitioner requests the Court to apportion the rights and duties of a parent set out in section 153.132 of the Texas Family Code.
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Include 11.K.2.a. if the petitioner seeks primary custody. |
11.K.2.a.Primary Residence; Support
Petitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the child[ren]. [Include if applicable: The primary residence of the child[ren] should be restricted to [geographic area].] [Include if applicable: The Court should [award Petitioner the exclusive right to enroll the child[ren] in school/order the parties to enroll the child[ren] in the public schools for the attendance zone of Petitioner’s residence/order the parties to enroll the child[ren] as follows: [name of child] in [name and address of school] as long as the child is eligible to attend that school [repeat for each child if more than one]].] Respondent should be ordered to provide support for the child[ren], including the payment of child support and medical and dental support in the manner specified by the Court. Petitioner requests that the payments for the support of the child[ren] survive the death of Respondent and become the obligations of Respondent’s estate.
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11.K.2.b. may be included if the petitioner does not seek primary custody. |
11.K.2.b.Geographic Restriction Only
The primary residence of the child[ren] should be restricted to [geographic area]. [Include if applicable: The Court should [order the parties to enroll the child[ren] in the public schools for the attendance zone of Petitioner’s residence/order the parties to enroll the child[ren] as follows: [name of child] in [name and address of school] as long as the child is eligible to attend that school [repeat for each child if more than one]].]
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Or |
11.K.3.Petitioner Permanent Sole Managing Conservator; Support
§§ 153.005, 153.131, 153.132, 154.001, 105.002
The appointment of Petitioner and Respondent as joint managing conservators would not be in the best interest of the child[ren]. Petitioner, on final hearing, should be appointed sole managing conservator, with all the rights and duties of a parent sole managing conservator, and Respondent should be ordered to provide support for the child[ren], including the payment of child support and medical and dental support in the manner specified by the Court. Petitioner requests that the payments for the support of the child[ren] survive the death of Respondent and become the obligation of Respondent’s estate. [Include if applicable: There should be no restriction on the geographic area within which Petitioner may designate the primary residence of the child[ren]. Alternatively, if the primary residence of the child[ren] is restricted to a geographic area, that area should include [geographic area]].
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Or |
11.K.4.Petitioner Permanent Possessory Conservator
§§ 153.006, 153.192, 153.193, 153.073, 153.074
Petitioner should be appointed possessory conservator with all the rights and duties of a parent conservator. Petitioner requests the Court to make orders for the terms and conditions of Petitioner’s conservatorship and possession of and access to the child[ren] [include if applicable: , including affording Petitioner alternative beginning and ending possession times pursuant to section 153.317 of the Texas Family Code]. [Include if applicable: The primary residence of the child[ren] should be restricted to [geographic area].]
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Include 11.K.5.–11.K.19. as applicable. |
11.K.5.Election of Alternative Possession Times
If the Court renders the standard possession order set forth in chapter 153 of the Texas Family Code, Petitioner elects [all the alternative beginning and ending possession times set forth in section 153.317(a) of the Texas Family Code to which Petitioner is entitled/the alternative beginning and ending possession times set forth in section 153.317(a)([specify subsection(s) of Code section 153.317(a) containing alternative time(s) being elected]) of the Texas Family Code].
11.K.6.Declining Alternative Possession Times
If the Court renders the standard possession order set forth in chapter 153 of the Texas Family Code, Petitioner declines [all the alternative beginning and ending possession times provided in section 153.3171(a) of the Texas Family Code to which Petitioner is entitled/the alternative beginning and ending possession times provided in section 153.3171(a) that are set forth in section 153.317(a)([specify subsection(s) of Code section 153.317(a) containing alternative time(s) being declined]) of the Texas Family Code].
11.K.7.History or Pattern of Family Violence or Child Abuse or Child Neglect, or Final Protective Order against Respondent
§ 153.005(c)
11.K.7.a.Family Violence
§ 153.005(c)(1)
Preceding the filing of this suit, Respondent has engaged in a history or pattern of family violence, as defined by section 71.004 of the Texas Family Code.
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And/Or |
11.K.7.b.Child Abuse or Neglect
§ 153.005(c)(2)
Preceding the filing of this suit, Respondent has engaged in a history or pattern of [child abuse/child neglect/child abuse and child neglect].
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And/Or |
11.K.7.c.Final Protective Order
§ 153.005(c)(3)
Preceding the filing of this suit, a final protective order was rendered against Respondent.
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Continue with 11.K.7.d. |
Petitioner requests that the Court consider this conduct in appointing Petitioner as sole managing conservator or the parties as joint managing conservators.
11.K.8.Electronic Communication
§ 153.015(b)
Petitioner requests the Court to order reasonable periods of electronic communication between the child[ren] and Petitioner to supplement Petitioner’s periods of possession of the child[ren].
11.K.9.Parenting Coordinator/Facilitator
§§ 153.603(d), 153.605(a), (b), 153.6051(a), (b)
Petitioner requests the Court to appoint a parenting [coordinator/facilitator/coordinator or facilitator]. [This case is a high-conflict case./There is good cause for appointment of a parenting [coordinator/facilitator/coordinator or facilitator] in that [specify good cause], and the appointment would be in the best interest of the child[ren].]
11.K.10.Military Duty
§§ 153.701–.707
11.K.10.a.Military Duty of Petitioner
§§ 153.703–.704
Petitioner [has been/will be] ordered to [military deployment/military mobilization/temporary military duty] that involves moving a substantial distance from Petitioner’s residence so as to materially affect Petitioner’s ability to exercise Petitioner’s rights and duties in relation to the child[ren].
If Petitioner is awarded the exclusive right to designate the primary residence of the child[ren], Petitioner requests the Court to render a temporary order appointing [name] the designated person to exercise the exclusive right to designate the primary residence of the child[ren] during Petitioner’s [military deployment/military mobilization/temporary military duty]. If Respondent is appointed the designated person to exercise the exclusive right to designate the primary residence of the child[ren] during Petitioner’s [military deployment/military mobilization/temporary military duty], Petitioner requests the Court to award to [name] the same visitation to which Respondent is entitled immediately before the temporary order.
If Petitioner is not awarded the exclusive right to designate the primary residence of the child[ren], in addition to a possession order for Petitioner, Petitioner requests the Court to render a temporary order awarding to [name] the same visitation to which Petitioner would be entitled if not ordered to [military deployment/military mobilization/temporary military duty].
The requested orders are in the best interest of the child[ren].
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Or |
11.K.10.b.Military Duty of Respondent
§ 153.705
Respondent [has been/will be] ordered to [military deployment/military mobilization/temporary military duty] that involves moving a substantial distance from Respondent’s residence so as to materially affect Respondent’s ability to exercise Respondent’s rights and duties in relation to the child[ren].
If Petitioner is not awarded the exclusive right to designate the primary residence of the child[ren], Petitioner requests the Court to render a temporary order appointing Petitioner the designated person to exercise the exclusive right to designate the primary residence of the child[ren] during Respondent’s [military deployment/military mobilization/temporary military duty]. This appointment would be in the best interest of the child[ren].
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Include 11.K.10.c. if applicable. |
11.K.10.c.Testimony & Evidence by Electronic Means
§ 153.707(c)
Petitioner requests the Court, after reasonable advance notice and for good cause shown, to allow Petitioner to present testimony and evidence by electronic means, including by teleconference or through the Internet.
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Include 11.K.10.d. if applicable. |
11.K.10.d.Expedited Hearing
§ 153.707(a)
Petitioner requests the Court to grant an expedited hearing.
11.K.11.Minor Disabled Child
§ 154.302
[Name of child], a child of this marriage, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support. Petitioner requests the Court to order that payments for the support of this child be continued after the child’s eighteenth birthday and extended for an indefinite period.
11.K.12.Adult Disabled Child
§§ 154.302, 154.309
[Name of child], an adult child of this marriage, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support. The disability existed or its cause was known to exist before or on [name of child]’s eighteenth birthday. Petitioner requests the Court to order that payments for the support of this child be extended for an indefinite period.
Petitioner should be granted possession of or access to [name of child] as is appropriate under the circumstances.
11.K.13.Child in School beyond 18 Years
§§ 154.001, 154.002
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Tex. Fam. Code § 154.002 may not provide for children in home schooling. |
[Name of child], a child the subject of this suit, is enrolled [under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code/under section 130.008 of the Texas Education Code in courses for joint high school and junior college credit and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code/on a full-time basis in a private secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements imposed by that school]. Petitioner requests the Court to order that payments for the support of this child be continued until the end of the month in which the child graduates from high school.
11.K.14.Security for Possession and Access
§ 153.011
Respondent may violate the Court’s orders relating to Respondent’s possessory interest in the child[ren]. Petitioner requests the Court to order Respondent to execute a bond or deposit security in a reasonable amount, conditioned on Respondent’s compliance with the Court’s orders concerning possession of and access to the child[ren].
11.K.15.International Abduction
§ 153.501
Petitioner requests the Court to determine whether there is a risk of international abduction of the child[ren] by Respondent and to take such measures as are necessary to protect the child[ren].
11.K.16.Security for Child Support
§ 157.109
[Respondent is employed by an employer not subject to the Court’s jurisdiction./It is unworkable or inappropriate under existing circumstances for the Court to order withholding from Respondent’s earnings for child support.] Petitioner requests the Court to order Respondent to execute a bond or post security payable through the registry of the Court to Petitioner, conditioned on Respondent’s payment of child support.
11.K.17.Life Insurance
§ 154.016
Petitioner requests the Court to order Respondent to obtain and maintain a life insurance policy payable to Petitioner for the benefit of the child[ren] to be applied toward Respondent’s support obligation under the child support order in the event of Respondent’s death.
11.K.18.Respondent Committed Family Violence
§ 153.004(d)(1)
Respondent has a history or pattern of committing family violence during the two-year period preceding the date of filing of this suit. Petitioner requests the Court to deny Respondent access to the child[ren]. Alternatively, if the Court finds that awarding Respondent access to the child[ren] would not endanger the child[ren]’s physical health or emotional welfare and would be in the best interest of the child[ren], Petitioner requests that the Court render a possession order that is designed to protect the safety and well-being of the child[ren] and any other person who has been a victim of family violence committed by Respondent, including but not limited to ordering that the periods of access be continuously supervised by an entity or person chosen by the Court, ordering that the exchange of possession of or access to the child[ren] occur in a protective setting, [include if applicable: ordering Respondent to refrain from the consumption of alcohol or a controlled substance within the twelve hours before or during each of Respondent’s periods of possession of or access to the child[ren],] and ordering Respondent to attend and complete a battering intervention and prevention program or, if such a program is not available, to complete a course of treatment with a mental health professional in accordance with section 153.010 of the Texas Family Code.
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If respondent’s conduct constituting a sexual offense resulting in the victim’s pregnancy with the child (Tex. Fam. Code § 153.002(d)(2)) is alleged, see ¶ 11.N.2. in form 40-1. |
11.K.19.History of Family Violence or Child Abuse or Neglect
§ 153.004(e), (f)
There is a history or pattern of [child neglect/child abuse/family violence/child neglect and abuse/child neglect and family violence/child abuse and family violence/child abuse, child neglect, and family violence] committed by [Respondent/[name], who [resides in Respondent’s household/is permitted by Respondent to have unsupervised access to the child[ren] during Respondent’s periods of possession of or access to the child[ren]]]. [Include if applicable: A protective order was rendered under chapter 85 of title 4 of the Texas Family Code against [Respondent/[name]] during the two-year period preceding the date of filing of this suit.] Petitioner requests the Court to deny Respondent access to the child[ren]. Alternatively, Petitioner requests that the Court render a possession order that provides that Respondent’s periods of visitation be continuously supervised by an entity or person chosen by the Court.
12.Premarital Agreement
§§ 4.001–.006
12.Premarital Agreement
Petitioner and Respondent have entered into a premarital agreement altering their marital property rights in certain property on and during their marriage. [Include if applicable: A copy of the agreement is attached to this pleading as Exhibit [exhibit number/letter].] Petitioner requests the Court to enforce the agreement and divide the marital estate in accordance with its terms. Nothing in this petition should be construed as a challenge to the premarital agreement.
13.Marital-Property Agreement
§§ 4.101–.106
13.Marital-Property Agreement
Petitioner and Respondent have entered into a marital-property agreement defining their rights to all their property, both community and separate. [Include if applicable: A copy of the agreement is attached to this pleading as Exhibit [exhibit number/letter].] Petitioner requests the Court to enforce the agreement and divide the marital estate in accordance with its terms. Nothing in this petition should be construed as a challenge to the marital-property agreement.
14.Separate-Property Agreement
§§ 4.201–.206
14.Separate-Property Agreement
Petitioner and Respondent have entered into an agreement to convert all or part of the separate property owned by either or both of them to community property. [Include if applicable: A copy of the agreement is attached to this pleading as Exhibit [exhibit number/letter].] Petitioner requests the Court to enforce the agreement and divide the community estate in a manner that the Court deems just and right, as provided by law. Nothing in this petition should be construed as a challenge to the separate-property agreement.
15.Division of Community Property
Petitioner believes Petitioner and Respondent will enter into an agreement for the division of their estate. If such an agreement is made, Petitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement. If such an agreement is not made, Petitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law.
|
Or |
Petitioner requests the Court to divide the estate of Petitioner and Respondent in a manner that the Court deems just and right, as provided by law.
|
Include 15.C. if applicable. |
15.C.Court—Equities Favoring Petitioner
Petitioner should be awarded a disproportionate share of the parties’ estate for the following reasons, including but not limited to:
|
Select as applicable. This list is not intended to be comprehensive and is furnished only to illustrate possible equitable factors relevant to a property division. |
a.fault in the breakup of the marriage;
b.benefits the innocent spouse may have derived from the continuation of the marriage;
c.disparity of earning power of the spouses and their ability to support themselves;
d.health of the spouses;
e.the spouse to whom conservatorship of the child[ren] is granted;
f.needs of the child[ren] of the marriage;
g.education and future employability of the spouses;
h.community indebtedness and liabilities;
i.tax consequences of the division of property;
j.ages of the spouses;
k.earning power, business opportunities, capacities, and abilities of the spouses;
l.need for future support;
m.nature of the property involved in the division;
n.wasting of community assets by the spouses;
o.credit for temporary support paid by a spouse;
p.community funds used to purchase out-of-state property;
q.gifts to or by a spouse during the marriage;
r.increase in value of separate property through community efforts by time, talent, labor, and effort;
s.excessive community-property gifts to the parties’ child[ren];
t.reimbursement;
u.expected inheritance of a spouse;
v.attorney’s fees to be paid;
w.creation of community property through the use of a spouse’s separate estate;
x.the size and nature of the separate estates of the spouses;
y.creation of community property by the efforts or lack thereof of the spouses;
z.actual fraud committed by a spouse;
aa.constructive fraud committed by a spouse.
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Include 15.D. if applicable. |
Respondent has committed fraud on the community estate. Petitioner requests that the Court reconstitute the community estate to its full value prior to Respondent’s depletion of the community estate by [his/her] fraudulent acts and divide the reconstituted community estate in a manner that the Court deems just and right, including awarding Petitioner an appropriate share of the community estate, a money judgment, or both.
16.Separate Property
Petitioner owns certain separate property that is not part of the community estate of the parties, and Petitioner requests the Court to confirm that separate property as Petitioner’s separate property and estate.
17.Reimbursement
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The claims for reimbursement that are specifically listed in Tex. Fam. Code § 3.402(a) are not exclusive. Claims listed in Tex. Fam. Code § 3.409 are not reimbursable. |
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Include 17.A.–17.M. as applicable. 17.A., 17.B., and 17.C. state claims for reimbursement for funds or assets expended in general terms. 17.D. states a claim for reimbursement for community time, talent, toil, and effort. 17.E. through 17.M. state claims specifically listed in Tex. Fam. Code § 3.402(a). |
17.A.General—Funds Expended by Community for Respondent’s Separate Estate
Petitioner requests the Court to reimburse the community estate for funds or assets expended by the community estate for the benefit of Respondent’s separate estate. Those expenditures resulted in a direct benefit to Respondent’s separate estate. The community estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to the community estate will result in an unjust enrichment of Respondent’s separate estate at the expense of the community estate.
17.B.General—Funds Expended by Petitioner’s Separate Estate for Community
Petitioner requests the Court to reimburse Petitioner’s separate estate for funds or assets expended by Petitioner’s separate estate for the benefit of the community estate. Those expenditures resulted in a direct benefit to the community estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of the community estate at the expense of Petitioner’s separate estate.
17.C.General—Funds Expended by Petitioner’s Separate Estate for Respondent’s Separate Estate
Petitioner requests the Court to reimburse Petitioner’s separate estate for funds or assets expended by Petitioner’s separate estate for the benefit of Respondent’s separate estate. Those expenditures resulted in a direct benefit to Respondent’s separate estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of Respondent’s separate estate at the expense of Petitioner’s separate estate.
17.D.Community Time, Talent, Toil, and Effort
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17.D.1. is based on Jensen v. Jensen, 665 S.W.2d 107 (Tex. 1984). 17.D.2. is based on Tex. Fam. Code § 3.402(2). In an appropriate case, both standards should be pleaded and proved. |
Petitioner requests the Court to reimburse the community estate for the value of community time, talent, toil, and effort expended by Respondent to benefit or enhance Respondent’s separate estate. The community estate was not adequately compensated for Respondent’s use of community time, talent, toil, and effort beyond what was reasonably necessary to maintain, manage, and preserve Respondent’s separate estate. The failure of the Court to allow and award such reimbursement to the community estate will result in the unjust enrichment of Respondent’s separate estate at the expense of the community estate.
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And/Or |
17.D.2.Statutory Ground
§ 3.402(a)(2)
The community estate has not been adequately compensated for the time, toil, talent, and effort expended by Respondent on [name of business entity], a business entity under Respondent’s control and direction and claimed by Respondent as separate property. Petitioner requests the Court to reimburse the community estate for the value of community time, talent, toil, and effort expended by Respondent on [name of business entity] in an amount that will adequately compensate the community estate. The failure of the Court to allow and award such reimbursement to the community estate will result in the unjust enrichment of Respondent’s separate estate at the expense of the community estate.
17.E.Community Payment of Unsecured Separate Debt
§ 3.402(a)(1), (9)
Petitioner requests the Court to reimburse the community estate for funds or assets expended by the community estate for payment of unsecured liabilities of Respondent’s separate estate. Those expenditures resulted in a direct benefit to Respondent’s separate estate. The community estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to the community estate will result in an unjust enrichment of Respondent’s separate estate at the expense of the community estate.
17.F.Petitioner’s Separate Estate Payment of Unsecured Community Debt
§ 3.402(a)(1)
Petitioner requests the Court to reimburse Petitioner’s separate estate for funds or assets expended by Petitioner’s separate estate for payment of unsecured liabilities of the community estate. Those expenditures resulted in a direct benefit to the community estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of the community estate at the expense of Petitioner’s separate estate.
17.G.Petitioner’s Separate Estate Payment of Respondent’s Unsecured Separate Debt
§ 3.402(a)(1)
Petitioner requests the Court to reimburse Petitioner’s separate estate for funds or assets expended by Petitioner’s separate estate for payment of unsecured liabilities of Respondent’s separate estate. Those expenditures resulted in a direct benefit to Respondent’s separate estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of Respondent’s separate estate at the expense of Petitioner’s separate estate.
17.H.Capital Improvements by Community—Claim against Respondent’s Separate Estate
§ 3.402(a)(8)
The community estate has expended funds or assets to make capital improvements on property claimed by Respondent as separate property, giving rise to a claim for reimbursement in favor of the community estate and against Respondent’s separate estate. Those expenditures resulted in a direct benefit to Respondent’s separate estate. The community estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to the community estate will result in an unjust enrichment of Respondent’s separate estate at the expense of the community estate.
17.I.Capital Improvements by Separate Estate—Claim against Community Estate
§ 3.402(a)(8)
Petitioner’s separate estate has expended funds or assets to make capital improvements on community property, giving rise to a claim for reimbursement in favor of Petitioner’s separate estate and against the community estate. Those expenditures resulted in a direct benefit to the community estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of the community estate at the expense of Petitioner’s separate estate.
17.J.Capital Improvements by Petitioner’s Separate Estate—Claim against Respondent’s Separate Estate
§ 3.402(a)(8)
Petitioner’s separate estate has expended funds or assets to make capital improvements on property claimed by Respondent as separate property, giving rise to a claim for reimbursement in favor of Petitioner’s separate estate and against Respondent’s separate estate. Those expenditures resulted in a direct benefit to Respondent’s separate estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of Respondent’s separate estate at the expense of Petitioner’s separate estate.
17.K.Community Reduction of Secured Debt on Separate Property
§ 3.402(a)(3), (4), (6)
Respondent is or was obligated on [a] debt[s] [include if applicable: incurred during the marriage for the acquisition of, or capital improvements to, property and] secured by [a] lien[s] on property claimed by Respondent as separate property. The community estate has expended funds or assets for payment of [that/those] debt[s]. Those expenditures have resulted in the reduction of the principal of [that/those] debt[s], giving rise to a claim for reimbursement in favor of the community estate and against Respondent’s separate estate. Those expenditures resulted in a direct benefit to Respondent’s separate estate. The community estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to the community estate will result in an unjust enrichment of Respondent’s separate estate at the expense of the community estate.
17.L.Petitioner’s Separate Estate’s Reduction of Secured Debt on Community Property
§ 3.402(a)(5)
The community estate is or was obligated on [a] debt[s] incurred during the marriage for the acquisition of, or capital improvements to, property and secured by [a] lien[s] on community property. Petitioner’s separate estate has expended funds or assets for payment of [that/those] debt[s]. Those expenditures have resulted in the reduction of the principal of [that/those] debt[s], giving rise to a claim for reimbursement in favor of Petitioner’s separate estate and against the community estate. Those expenditures resulted in a direct benefit to the community estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of the community estate at the expense of Petitioner’s separate estate.
17.M.Petitioner’s Separate Estate’s Reduction of Secured Debt on Respondent’s Separate Property
§ 3.402(a)(3), (4), (6)
Respondent is or was obligated on [a] debt[s] [include if applicable: incurred during the marriage for the acquisition of, or capital improvements to, property and] secured by [a] lien[s] on property claimed by Respondent as separate property. Petitioner’s separate estate has expended funds or assets for payment of [that/those] debt[s]. Those expenditures have resulted in the reduction of the principal of [that/those] debt[s], giving rise to a claim for reimbursement in favor of Petitioner’s separate estate and against Respondent’s separate estate. Petitioner’s separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Petitioner’s separate estate will result in an unjust enrichment of Respondent’s separate estate at the expense of Petitioner’s separate estate.
18.Court-Ordered Maintenance
§§ 8.051, 8.054, 8.101
18.Postdivorce Maintenance
Petitioner requests the Court to order that Petitioner be paid postdivorce maintenance for a reasonable period in accordance with chapter 8 of the Texas Family Code. [Include if applicable: Petitioner requests the Court to issue an order for withholding from Respondent’s wages for this maintenance.]
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If no temporary restraining order is sought, skip to 21. |
19.Combined TRO and Temporary Injunction
19.Request for Temporary Restraining Order
Petitioner requests the Court to dispense with the issuance of a bond, and Petitioner requests that Respondent be temporarily restrained immediately, without hearing, and after notice and hearing be temporarily enjoined, pending the further order of this Court, from:
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The following are examples of some types of relief. Choose only relief that is applicable. Some suggested items of relief are inconsistent with others. |
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Caution: The federal Violence against Women Act prohibits the possession of a firearm or ammunition by a person prohibited by court order from committing family violence or threats of family violence. See 18 U.S.C. § 922(g)(8). The standard Texas injunction language set out in items 2., 4., and 5. below could subject a person subject to such an injunction to federal prosecution if the person is in possession of a firearm or ammunition. |
19.A.Ex Parte Orders for Parties and Property
§ 6.501
1.Communicating with Petitioner in Offensive Manner
§ 6.501(a)(1)
1.Intentionally communicating with Petitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm Petitioner.
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And/Or |
2.Threatening Petitioner
§ 6.501(a)(2)
2.Threatening Petitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person, intending by this action to annoy or alarm Petitioner.
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And/Or |
3.Harassing Petitioner by Telephone
§ 6.501(a)(3)
3.Placing a telephone call, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm Petitioner.
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And/Or |
4.Injuring Petitioner
§ 6.501(a)(4)
4.Intentionally, knowingly, or recklessly causing bodily injury to Petitioner [include if applicable: or to a child of either party].
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And/Or |
5.Threatening Bodily Harm
§ 6.501(a)(5)
5.Threatening Petitioner [include if applicable: or a child of either party] with imminent bodily injury.
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And/Or |
6.Destroying Property
§ 6.501(a)(6)
6.Intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties with intent to obstruct the authority of the Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each party [include if applicable: and the child[ren] of the marriage].
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And/Or |
7.Falsifying Records
§ 6.501(a)(7)
7.Intentionally falsifying a writing or record, including an electronic record, relating to the property of either party.
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And/Or |
8.Concealing Property
§ 6.501(a)(8)
8.Intentionally misrepresenting or refusing to disclose to Petitioner or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.
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And/Or |
9.Damaging Property
§ 6.501(a)(9)
9.Intentionally or knowingly damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.
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And/Or |
10.Tampering with Property
§ 6.501(a)(10)
10.Intentionally or knowingly tampering with the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to Petitioner.
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And/Or |
11.Alienating Property
§ 6.501(a)(11)(A)
11.Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of one or both of the parties, whether personal property, real property, or intellectual property, and whether separate or community property, except as specifically authorized by order of this Court.
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And/Or |
12.Incurring Debts
§ 6.501(a)(11)(B)
12.Incurring any debt, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court.
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And/Or |
13.Withdrawing Funds
§ 6.501(a)(11)(C)
13.Withdrawing money from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court.
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And/Or |
14.Spending Funds
§ 6.501(a)(11)(D)
14.Spending any money in either party’s possession or subject to either party’s control for any purpose, except as specifically authorized by order of this Court.
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And/Or |
15.Withdrawing Employee Benefits
§ 6.501(a)(11)(E)
15.Withdrawing or borrowing money in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan, individual retirement account, or Keogh account of either party, except as specifically authorized by order of this Court.
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And/Or |
16.Brokerage and Investment Accounts
16.Withdrawing, transferring, assigning, encumbering, selling, or in any other manner alienating any funds or assets held in any brokerage account, mutual fund account, or investment account by one or both parties, regardless of whether the funds or assets are community or separate property and whether the accounts are self-managed or managed by a third party, except as specifically authorized by order of this Court.
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And/Or |
17.Withdrawing Insurance Value
§ 6.501(a)(11)(F)
17.Withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policy on the life of either party [include if applicable: or a child of the parties], except as specifically authorized by order of this Court.
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And/Or |
18.Entering Safe-Deposit Box
§ 6.501(a)(12)
18.Entering any safe-deposit box in the name of or subject to the control of one or both of the parties, whether individually or jointly with others.
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And/Or |
19.Changing Life Insurance Beneficiary
§ 6.501(a)(13)
19.Changing or in any manner altering the beneficiary designation on any life insurance policy on the life of either party [include if applicable: or a child of the parties].
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And/Or |
20.Affecting Insurance
§ 6.501(a)(14)
20.Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any life, casualty, automobile, or health insurance policy insuring the parties’ property or persons [include if applicable: , including a child of the parties].
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And/Or |
21.Opening or Diverting Mail
§ 6.501(a)(15)
21.Opening or diverting mail or email or any other electronic communication addressed to Petitioner.
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And/Or |
22.Signing or Endorsing Petitioner’s Name
§ 6.501(a)(16)
22.Signing or endorsing Petitioner’s name on any negotiable instrument, check, or draft, including a tax refund, insurance payment, and dividend, or attempting to negotiate any negotiable instrument payable to Petitioner without the personal signature of Petitioner.
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And/Or |
23.Terminating or Limiting Credit Cards
§ 6.501(a)(17)
23.Taking any action to terminate or limit credit or charge cards in the name of Petitioner.
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And/Or |
24.Changing Tax Withholding
§ 6.501(a)(18)
24.Discontinuing or reducing the withholding for federal income taxes from either party’s wages or salary.
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And/Or |
25.Destroying Financial Records
§ 6.501(a)(19)
25.Destroying, disposing of, or altering any financial records of the parties, including but not limited to a canceled check, deposit slip, and other records from a financial institution, a record of credit purchases or cash advances, a tax return, and a financial statement.
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And/Or |
26.Destroying Electronic Records
§ 6.501(a)(20)
26.Destroying, disposing of, or altering any email, text message, video message, or chat message or other electronic data or electronically stored information relevant to the subject matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.
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And/Or |
27.Modifying Electronic Data
§ 6.501(a)(21)
27.Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.
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And/Or |
28.Deleting Social Network Data
§ 6.501(a)(22)
28.Deleting any data or content from any social network profile used or created by either party [include if applicable: or a child of the parties].
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And/Or |
29.Using Password or PIN
§ 6.501(a)(23)
29.Using any password or personal identification number to gain access to Petitioner’s email account, bank account, social media account, or any other electronic account.
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And/Or |
30.Affecting Utility Service and Deposits
§ 6.501(a)(24)
30.Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or any other contractual service, including security, pest control, landscaping, or yard maintenance, at [full address] or in any manner attempting to withdraw any deposits for service in connection with any of those services.
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And/Or |
31.Excluding Petitioner from Residence
§ 6.501(a)(25)
31.Excluding Petitioner from the use and enjoyment of the residence located at [address, city, state].
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And/Or |
32.Interfering with Motor Vehicle
§ 6.501(a)(26)
32.Entering, operating, or exercising control over the [year, make, and model of motor vehicle] [include if applicable: or any motor vehicle] in the possession of Petitioner.
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Continue with the following if applicable. |
19.B.Ex Parte Parent-Child Orders without Affidavit
§ 105.001(a)(3), (b)
1.Disturbing Child[ren] or Another Party
§ 105.001(a)(3)
33.Disturbing the peace of the child[ren] or of another party.
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And/Or |
2.Withdrawing Child[ren] from School or Day Care
34.Withdrawing the child[ren] from enrollment in the school or day-care facility where the child[ren] [is/are] presently enrolled.
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And/Or |
3.Hiding Child[ren] from Petitioner
35.Hiding or secreting the child[ren] from Petitioner.
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And/Or |
4.Disparaging Remarks
36.Making disparaging remarks regarding Petitioner [include if applicable: or Petitioner’s family] in the presence or within the hearing of the child[ren].
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And/Or |
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Use only if this issue is a serious matter in the suit. |
5.Consumption of Alcohol
37.Consuming alcohol within the [number] hours before or during each of Respondent’s periods of possession of or access to the child[ren].
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And/Or |
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Use only if this issue is a serious matter in the suit. |
6.Unrelated Adult in Residence Overnight
38.Permitting an unrelated adult with whom Respondent has an intimate or dating relationship to remain in the same residence with the child[ren] between the hours of [time] p.m. and [time] a.m.
19.C.Respondent’s Authorizations
Petitioner requests that Respondent be authorized only as follows:
1.Spending for Living Expenses
To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care.
2.Spending for Legal Fees
To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit.
3.Withdrawing Funds
To make withdrawals from accounts in financial institutions only for the purposes authorized by the Court’s order.
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Include item 4. if applicable. |
To engage in acts reasonable and necessary to conduct Respondent’s usual business and occupation.
20.Extraordinary Relief
As the basis for the extraordinary relief requested below, Petitioner would show that before the filing of this petition Respondent has engaged in the conduct set forth in the affidavit attached as Exhibit [exhibit number/letter]. Based on that affidavit, Petitioner requests the Court to grant the following relief:
20.A.Attaching Child[ren]
§ 105.001(c)(1)
Issue an order attaching the [body/bodies] of the child[ren], [name[s]].
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And/Or |
20.B.Taking Possession of Child[ren]
§ 105.001(c)(2)
Issue an order taking the child[ren], [name[s]], into possession of [Petitioner/the Court].
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And/Or |
20.C.Excluding Respondent from Child[ren]
§ 105.001(c)(3)
Issue an order excluding Respondent from possession of or access to the child[ren], [name[s]].
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And/Or |
20.D.Excluding Respondent from Residence
§§ 6.503, 83.006
Issue an order excluding Respondent from Respondent’s residence at [address, city, state].
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21. is required only if a temporary injunction is desired that requests relief in addition to the making of the TRO into a temporary injunction or if there is not a TRO and a temporary injunction is desired. |
21.Temporary Orders and Injunction
21.Request for Temporary Orders and Injunction
Petitioner requests the Court, after notice and hearing, to dispense with the issuance of a bond, to make temporary orders and issue any appropriate temporary injunctions for the preservation of the property and protection of the parties [include if applicable: and for the safety and welfare of the child[ren] of the marriage] as deemed necessary and equitable. Petitioner requests that the Court enjoin Respondent from the following:
21.A.For Protection of Parties and Property
§ 6.501
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The following are examples of some types of relief. Choose only relief that is applicable. Some suggested items of relief are inconsistent with others. |
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Caution: The federal Violence against Women Act prohibits the possession of a firearm or ammunition by a person prohibited by court order from committing family violence or threats of family violence. See 18 U.S.C. § 922(g)(8). The standard Texas injunction language set out in items 2., 4., and 5. below could subject a person subject to such an injunction to federal prosecution if the person is in possession of a firearm or ammunition. |
1.Communicating with Petitioner in Offensive Manner
§ 6.501(a)(1)
1.Intentionally communicating with Petitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm Petitioner.
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And/Or |
2.Threatening Petitioner
§ 6.501(a)(2)
2.Threatening Petitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person, intending by this action to annoy or alarm Petitioner.
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And/Or |
3.Harassing Petitioner by Telephone
§ 6.501(a)(3)
3.Placing a telephone call, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm Petitioner.
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And/Or |
4.Injuring Petitioner
§ 6.501(a)(4)
4.Intentionally, knowingly, or recklessly causing bodily injury to Petitioner [include if applicable: or to a child of either party].
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And/Or |
5.Threatening Bodily Harm
§ 6.501(a)(5)
5.Threatening Petitioner [include if applicable: or a child of either party] with imminent bodily injury.
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And/Or |
6.Destroying Property
§ 6.501(a)(6)
6.Intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties with intent to obstruct the authority of the Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each party [include if applicable: and the child[ren] of the marriage].
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And/Or |
7.Falsifying Records
§ 6.501(a)(7)
7.Intentionally falsifying a writing or record, including an electronic record, relating to the property of either party.
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And/Or |
8.Concealing Property
§ 6.501(a)(8)
8.Intentionally misrepresenting or refusing to disclose to Petitioner or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.
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And/Or |
9.Damaging Property
§ 6.501(a)(9)
9.Intentionally or knowingly damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.
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And/Or |
10.Tampering with Property
§ 6.501(a)(10)
10.Intentionally or knowingly tampering with the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to Petitioner.
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And/Or |
11.Alienating Property
§ 6.501(a)(11)(A)
11.Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of one or both of the parties, whether personal property, real property, or intellectual property, and whether separate or community property, except as specifically authorized by order of this Court.
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And/Or |
12.Incurring Debts
§ 6.501(a)(11)(B)
12.Incurring any debt, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court.
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And/Or |
13.Withdrawing Funds
§ 6.501(a)(11)(C)
13.Withdrawing money from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court.
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And/Or |
14.Spending Funds
§ 6.501(a)(11)(D)
14.Spending any money in either party’s possession or subject to either party’s control for any purpose, except as specifically authorized by order of this Court.
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And/Or |
15.Withdrawing Employee Benefits
§ 6.501(a)(11)(E)
15.Withdrawing or borrowing money in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan, individual retirement account, or Keogh account of either party, except as specifically authorized by order of this Court.
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And/Or |
16.Brokerage and Investment Accounts
16.Withdrawing, transferring, assigning, encumbering, selling, or in any other manner alienating any funds or assets held in any brokerage account, mutual fund account, or investment account by one or both parties, regardless of whether the funds or assets are community or separate property and whether the accounts are self-managed or managed by a third party, except as specifically authorized by order of this Court.
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And/Or |
17.Withdrawing Insurance Value
§ 6.501(a)(11)(F)
17.Withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policy on the life of either party [include if applicable: or a child of the parties], except as specifically authorized by order of this Court.
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And/Or |
18.Entering Safe-Deposit Box
§ 6.501(a)(12)
18.Entering any safe-deposit box in the name of or subject to the control of one or both of the parties, whether individually or jointly with others.
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And/Or |
19.Changing Life Insurance Beneficiary
§ 6.501(a)(13)
19.Changing or in any manner altering the beneficiary designation on any life insurance policy on the life of either party [include if applicable: or a child of the parties].
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And/Or |
20.Affecting Insurance
§ 6.501(a)(14)
20.Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any life, casualty, automobile, or health insurance policy insuring the parties’ property or persons [include if applicable: , including a child of the parties].
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And/Or |
21.Opening or Diverting Mail
§ 6.501(a)(15)
21.Opening or diverting mail or email or any other electronic communication addressed to Petitioner.
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And/Or |
22.Signing or Endorsing Petitioner’s Name
§ 6.501(a)(16)
22.Signing or endorsing Petitioner’s name on any negotiable instrument, check, or draft, including a tax refund, insurance payment, and dividend, or attempting to negotiate any negotiable instrument payable to Petitioner without the personal signature of Petitioner.
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And/Or |
23.Terminating or Limiting Credit Cards
§ 6.501(a)(17)
23.Taking any action to terminate or limit credit or charge cards in the name of Petitioner.
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And/Or |
24.Changing Tax Withholding
§ 6.501(a)(18)
24.Discontinuing or reducing the withholding for federal income taxes from either party’s wages or salary.
|
And/Or |
25.Destroying Financial Records
§ 6.501(a)(19)
25.Destroying, disposing of, or altering any financial records of the parties, including but not limited to a canceled check, deposit slip, and other records from a financial institution, a record of credit purchases or cash advances, a tax return, and a financial statement.
|
And/Or |
26.Destroying Electronic Records
§ 6.501(a)(20)
26.Destroying, disposing of, or altering any email, text message, video message, or chat message or other electronic data or electronically stored information relevant to the subject matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.
|
And/Or |
27.Modifying Electronic Data
§ 6.501(a)(21)
27.Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matter of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.
|
And/Or |
28.Deleting Social Network Data
§ 6.501(a)(22)
28.Deleting any data or content from any social network profile used or created by either party [include if applicable: or a child of the parties].
|
And/Or |
29.Using Password or PIN
§ 6.501(a)(23)
29.Using any password or personal identification number to gain access to Petitioner’s email account, bank account, social media account, or any other electronic account.
|
And/Or |
30.Affecting Utility Service and Deposits
§ 6.501(a)(24)
30.Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or any other contractual service, including security, pest control, landscaping, or yard maintenance, at [full address] or in any manner attempting to withdraw any deposits for service in connection with any of those services.
|
And/Or |
31.Excluding Petitioner from Residence
§ 6.501(a)(25)
31.Excluding Petitioner from the use and enjoyment of the residence located at [address, city, state].
|
And/Or |
32.Interfering with Motor Vehicle
§ 6.501(a)(26)
32.Entering, operating, or exercising control over the [year, make, and model of motor vehicle] [include if applicable: or any motor vehicle] in the possession of Petitioner.
|
Continue with the following if applicable. |
21.B.For Child[ren]
§ 105.001(a)(3), (b)
1.Disturbing Child[ren] or Another Party
§ 105.001(a)(3)
33.Disturbing the peace of the child[ren] or of another party.
|
And/Or |
2.Withdrawing Child[ren] from School or Day Care
34.Withdrawing the child[ren] from enrollment in the school or day-care facility where the child[ren] [is/are] presently enrolled.
|
And/Or |
3.Hiding Child[ren] from Petitioner
35.Hiding or secreting the child[ren] from Petitioner.
|
And/Or |
4.Disparaging Remarks
36.Making disparaging remarks regarding Petitioner [include if applicable: or Petitioner’s family] in the presence or within the hearing of the child[ren].
|
And/Or |
|
Use only if this issue is a serious matter in the suit. |
5.Consumption of Alcohol
37.Consuming alcohol within the [number] hours before or during each of Respondent’s periods of possession of or access to the child[ren].
|
And/Or |
|
Use only if this issue is a serious matter in the suit. |
6.Unrelated Adult in Residence Overnight
38.Permitting an unrelated adult with whom Respondent has an intimate or dating relationship to remain in the same residence with the child[ren] between the hours of [time] p.m. and [time] a.m.
|
If pleadings regarding authorizations are needed, see paragraph 19.C. above. |
22.Temporary Orders for Use of Property
§ 6.502
22.Request for Temporary Orders Concerning Use of Property
Petitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders and issue any appropriate temporary injunctions respecting the temporary use of the parties’ property as deemed necessary and equitable, including but not limited to the following:
|
Select one or more of the following. |
22.A.Exclusive Use and Possession of Residence
§ 6.502(6)
Awarding Petitioner the exclusive use and possession of the residence located at [street address, city, state], as well as the furniture, furnishings, and other personal property at that residence, while this case is pending, and enjoining Respondent from entering or remaining on the premises of the residence and exercising possession or control of any of this personal property, except as authorized by order of this Court.
|
And/Or |
22.B.Exclusive Use and Control of Motor Vehicle
Awarding Petitioner exclusive use and control of the [year, make, and model of motor vehicle] and enjoining Respondent from entering, operating, or exercising control over it.
|
And/Or |
22.C.Exclusive Use of Other Property
Awarding Petitioner the exclusive use of the following property and enjoining Respondent from exercising possession or control of any of this property: [list property].
23.Temporary Orders Regarding Child[ren]
23.Request for Temporary Orders Regarding Child[ren]
Petitioner requests the Court, after notice and hearing, to dispense with the necessity of a bond and to make temporary orders and issue any appropriate temporary injunctions for the safety and welfare of the child[ren] of the marriage as deemed necessary and equitable, including but not limited to the following:
|
Select one or more of the following. |
23.A.Temporary Joint Managing Conservators
§ 105.001(a)(1)
Appointing Petitioner and Respondent temporary joint managing conservators [include if applicable: , and designating Petitioner as the conservator who has the exclusive right to designate the primary residence of the child[ren]]. Petitioner requests the Court to apportion the rights and duties of a parent set out in section 153.132 of the Texas Family Code.
|
Or |
23.B.Temporary Sole Managing Conservator
§ 105.001(a)(1)
Appointing Petitioner temporary sole managing conservator.
|
And/Or |
23.C.Payment of Child Support
§§ 105.001(a)(2), 101.0095, 101.020
Ordering Respondent to provide support for the child[ren], including the payment of child support and medical and dental support in the manner specified by the Court, while this case is pending.
|
And/Or |
23.D.Temporary Possessory Conservator
§ 105.001(a)(1)
Appointing Petitioner temporary possessory conservator.
23.E.Electronic Communication
§ 153.015(b)
Ordering reasonable periods of electronic communication between the child[ren] and Petitioner to supplement Petitioner’s periods of possession of the child[ren].
23.F.Military Duty
§§ 153.701–.707
23.F.1.Military Duty of Petitioner
If Petitioner is awarded the exclusive right to designate the primary residence of the child[ren], appointing [name] the designated person to exercise the exclusive right to designate the primary residence of the child[ren] during Petitioner’s [military deployment/military mobilization/temporary military duty] or, if Respondent is appointed the designated person to exercise the exclusive right to designate the primary residence of the child[ren] during Petitioner’s [military deployment/military mobilization/temporary military duty], awarding to [name] the same visitation to which Respondent is entitled immediately before the temporary order.
If Petitioner is not awarded the exclusive right to designate the primary residence of the child[ren], in addition to a possession order for Petitioner, awarding to [name] the same visitation to which Petitioner would be entitled if not ordered to [military deployment/military mobilization/temporary military duty].
|
Or |
23.F.2.Military Duty of Respondent
If Petitioner is not awarded the exclusive right to designate the primary residence of the child[ren], appointing Petitioner the designated person to exercise the exclusive right to designate the primary residence of the child[ren] during Respondent’s [military deployment/military mobilization/temporary military duty].
|
Include 23.F.3. if applicable. |
23.F.3.Testimony & Evidence by Electronic Means
After reasonable advance notice and for good cause shown, allowing Petitioner to present testimony and evidence by electronic means, including by teleconference or through the Internet.
23.G.Residence Restriction
§§ 105.001(a)(1), (4), 153.134(b)(1)(A)
Restricting the primary residence of the child[ren] to [geographic area].
23.H.School Enrollment
§ 105.001(a)
[Awarding Petitioner the exclusive right to enroll the child[ren] in school./Ordering the parties to enroll the child[ren] in the public schools for the attendance zone of Petitioner’s residence./Ordering the parties to enroll the child[ren] as follows: [name of child] in [name and address of school] as long as the child is eligible to attend that school [repeat for each child if more than one].]
23.I.Travel Restriction
§ 105.001(a)(4)
Enjoining Respondent from removing the child[ren] beyond [geographic area], acting directly or in concert with others.
23.J.Denial or Restriction of Possession or Access
§ 153.004(d), (d–1), (e)
Denying Respondent access to the child[ren] or, alternatively, rendering a possession order [in accordance with section 153.004(d–1)(2) of the Texas Family Code/providing that Respondent’s periods of visitation be continuously supervised]. [If Tex. Fam. Code §§ 153.501–.503 (international abduction risk) apply, see form 55-1 for further restrictions.]
23.K.Preparation of Child Custody Evaluation
§ 107.103
Ordering the preparation of a child custody evaluation regarding the circumstances and condition of the child[ren] [,/and] the parties [include if applicable: , and the residence of any person requesting conservatorship of, possession of, or access to the child[ren]] and any issue or question relating to the suit at the request of the Court before or during the evaluation process.
23.L.Psychological or Psychiatric Evaluation
TRCP 204.4
Ordering the [psychological/psychiatric] evaluation of [name[s]] and the child[ren].
23.M.Parent Education and Family Stabilization Course
§ 105.009
Ordering the parties to attend a parent education and family stabilization course.
23.N.Parenting Coordinator/Facilitator
§§ 153.605(a), (b), 153.6051(a), (b)
Appointing a parenting [coordinator/facilitator/coordinator or facilitator]. [This case is a high-conflict case./There is good cause for appointment of a parenting [coordinator/facilitator/coordinator or facilitator] in that [specify good cause], and the appointment would be in the best interest of the child[ren].]
23.O.Appointment of Ad Litem or Amicus
§§ 107.001, 107.021
Appointing a guardian ad litem to represent the best interests of the child[ren].
|
Or |
Appointing an attorney ad litem to provide legal services for the child[ren].
|
Or |
Appointing an amicus attorney to provide legal services necessary to assist the Court in protecting the best interests of the child[ren].
Ordering Respondent to produce copies of income tax returns for tax years [years], a financial statement, and current pay stubs by a date certain.
24.Temporary Interim Attorney’s Fees and Support
24.Request for Interim Attorney’s Fees and Temporary Support
Petitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders and issue any appropriate temporary injunctions regarding attorney’s fees and support as deemed necessary and equitable, including but not limited to the following:
24.A.Request for Attorney’s Fees and Expenses
§ 6.502(4)
Petitioner requests that Respondent be ordered to pay reasonable interim attorney’s fees and expenses, including but not limited to fees for appraisals, accountants, actuaries, and so forth. Petitioner is not in control of sufficient community assets to pay attorney’s fees and anticipated expenses.
24.B.Temporary Support
§ 6.502(2)
Petitioner has insufficient income for support, and Petitioner requests the Court to order Respondent to make payments for the support of Petitioner until a final decree is signed.
Petitioner requests that Respondent be ordered to pay estimated income taxes on the due dates as required by the Internal Revenue Service and under the Social Security numbers of both Petitioner and Respondent.
24.D.Property Taxes and Insurance
Petitioner requests that Respondent be ordered to pay any ad valorem taxes and insurance premiums as due on [the properties of the parties/the following property: [list property]].
25.Temporary Orders for Discovery and Ancillary Relief
25.Request for Temporary Orders for Discovery and Ancillary Relief
Petitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders for discovery and ancillary relief as deemed necessary and equitable, including but not limited to the following:
25.A.Inventory and Appraisement
§ 6.502(1)
Ordering Respondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substantially in the form and detail prescribed by the current edition of Texas Family Law Practice Manual, form 7-1.
25.B.Copies of Tax Information
§ 6.502(3)
Ordering Respondent to produce copies of all the information necessary to prepare Petitioner’s tax returns[s] for tax year[s] [year[s]], including tax returns and all supporting schedules for tax year[s] [year[s]], by a date certain.
25.C.ADR Participation
§§ 6.601–.602,
153.0071; TCPRC § 154.021
Ordering the parties to participate in an alternative dispute resolution process before trial of this matter.
Ordering Respondent to execute all necessary releases required by Petitioner to obtain any discovery allowed by the Texas Rules of Civil Procedure.
|
Include the following if applicable. |
Ordering Respondent to execute all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit Petitioner to obtain health-care information regarding the child[ren].
Ordering Respondent to execute for all health-care providers of the child[ren] an authorization for disclosure of protected health information to Petitioner pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.
Ordering Respondent to designate Petitioner as a person to whom protected health information regarding the child[ren] may be disclosed whenever Respondent executes an authorization for disclosure of protected health information pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.
25.E.Pretrial Conference
TRCP 166
Ordering a pretrial conference to simplify the issues in this case and determine the stipulations of the parties and for any other matters the Court deems appropriate.
|
Include 26. if applicable. |
26.Request for Permanent Injunction
26.Request for Permanent Injunction
Petitioner requests the Court, after trial on the merits, to grant the following permanent injunction[s]: [specify].
27.Request for Change of Name
Petitioner requests a change of name to [first, middle, and last names as they should appear in the decree].
|
For request for temporary orders pending appeal, see form 3-47. |
28.Attorney’s Fees, Expenses, Costs, and Interest
28.Attorney’s Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of [name of attorney], a licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, judgment for attorney’s fees, expenses, and costs through trial and appeal should be granted against Respondent and in favor of Petitioner for the use and benefit of Petitioner’s attorney; or, in the alternative, Petitioner requests that reasonable attorney’s fees, expenses, and costs through trial and appeal be taxed as costs and be ordered paid directly to Petitioner’s attorney, who may enforce the order in the attorney’s own name. Petitioner requests postjudgment interest as allowed by law.
|
Or |
28.B.Suit with Child[ren]
§ 106.002
It was necessary for Petitioner to secure the services of [name of attorney], a licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child[ren], judgment for attorney’s fees, expenses, and costs through trial and appeal should be granted against Respondent and in favor of Petitioner for the use and benefit of Petitioner’s attorney and be ordered paid directly to Petitioner’s attorney, who may enforce the judgment in the attorney’s own name. Petitioner requests postjudgment interest as allowed by law.
29.Prayer
•Required in All Petitions
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.
|
If a TRO is requested, continue with the following. |
•Combined TRO and Temporary Injunction
Petitioner prays that the Court immediately grant a temporary restraining order restraining Respondent, in conformity with the allegations of this petition, from the acts set forth above, and Petitioner prays that, after notice and hearing, this temporary restraining order be made a temporary injunction.
|
The following is required only if a temporary injunction is desired that requests relief in addition to the making of the TRO into a temporary injunction or if there is not a TRO and a temporary injunction is desired. |
•Temporary Injunction
Petitioner prays that the Court, [include if applicable: in addition to the temporary restraining order and temporary injunction prayed for above,] after notice and hearing, grant a temporary injunction enjoining Respondent, in conformity with the allegations of this petition, from the acts set forth above while this case is pending.
|
If a permanent injunction is requested, continue with the following. |
•Permanent Injunction
Petitioner prays that, on final hearing, the Court enter a permanent injunction enjoining Respondent, in conformity with the allegations of this petition, from the acts set forth above.
|
Include the following as applicable. |
•Change of Name
Petitioner prays that Petitioner’s name be changed as requested above.
|
And/Or |
•Temporary Relief Pending Appeal
Petitioner prays that the Court grant the temporary relief pending appeal if the Court’s final judgment is appealed, as requested above.
•Attorney’s Fees
Petitioner prays for attorney’s fees, expenses, costs, and interest as requested above.
|
And/Or |
•Request for Jury Trial
Petitioner requests a jury trial and pays the jury fee of $[amount].
|
Continue with the following. |
•Required in All Petitions
Petitioner prays for general relief.
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
|
If this is a counterpetition and a TRO is requested, include this certificate. |
|
Select one of the following. |
To the best of my knowledge the party against whom relief is sought is not represented by counsel in the matter made the basis of this suit.
|
Or |
Counsel for the opposing party has been notified of this application and does not wish to be heard on this matter.
|
Or |
Counsel presenting this application has made diligent attempts to notify opposing counsel and has been unable to do so, and circumstances do not permit additional efforts to give notice.
[Name]
Attorney for Counterpetitioner
|
Attach any affidavits, statements, or exhibits as required by the pleadings. |
|
For affidavit providing information required under the UCCJEA, see form 56-1. |
|
For statement regarding health and dental insurance information required under Tex. Fam. Code §§ 154.181(b) and 154.1815(c), see form 56-2. |
|
For affidavit for citation by publication, see form 3-2; for affidavit for citation by other substituted service, see form 8-23. |
|
For affidavit language for extraordinary relief, see form 3-2. |
|
To seek writ authorizing entry to residence to retrieve personal property under Tex. Prop. Code ch. 24A, see form 64-1. |
|
For initial disclosures required by Tex. R. Civ. P. 194 (generally within thirty days after filing of the first answer or general appearance), see form 5-18. |