Form 3-16

The respondent’s answer should be limited to a response to the matters set out in the petition. Claims for affirmative relief should not be included in the answer but should instead be set out in a counterpe­tition, which may be filed as a separate document or immediately following the answer in the same document. However, if claims for affirmative relief are included in the answer, they will also constitute “counterclaims” that are subject to the mandatory filing fee. Without payment of such a fee, these con­ditionally filed claims for affirmative relief will not survive a notice of nonsuit. An answer to a coun­terpetition should be filed by the petitioner/counterrespondent. If the respondent contests personal jurisdiction, a special appearance must be filed before any other pleading. See form 3-14.

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

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

Respondent’s Original Answer

[Name of respondent], Respondent, files this Original Answer to Original Petition for Divorce. [Include the following if this is respondent’s initial pleading: [The last three numbers of Respondent’s driver’s license number are [numbers]./Respondent has not been issued a driver’s license.] [The last three numbers of Respondent’s Social Security number are [num­bers]./Respondent has not been issued a Social Security number.]]

Preservation of Evidence: Petitioner 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 Petitioner’s possession or subject to Petitioner’s control and electronic documents, files, or other data generated by or stored on Petitioner’s home com­puter, work computer, storage media, portable systems, electronic devices, online reposito­ries, or cell phone.

1.General Denial
TRCP 92

1.General Denial

Respondent enters a general denial.

Nothing in this answer should be construed as a challenge to the [name of property agreement] signed on [date].

2.Objection to Assignment of Case to Associate Judge
§ 201.005

2.Objection to Assignment of Case to Associate Judge

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

3.Information about Child[ren]
§§ 152.209, 154.181(b), 154.1815(c)

3.Information about Child[ren]

Information required by section 152.209 of the Texas Family Code is provided in the affidavit attached as Exhibit [exhibit number/letter].

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].

4.Verified Defenses
TRCP 93

4.Verified Defense[s]

Respondent enters the following verified defense[s]:

4.A.No Marriage

Petitioner is not entitled to recover in the capacity in which Petitioner sues, and Respondent is not liable in the capacity in which Respondent is being sued, because there is no existing marriage between the parties.

4.B.Pending Suit

There is another suit pending in Texas between the same parties involv­ing the same claim. That suit is Cause No. [number], pending in [county] County, Texas, styled “In the Matter of the Marriage of [name] and [name].”

4.C.Defect of Parties

There is a defect of parties. Petitioner has alleged that certain property belongs to the parties that is, in truth, owned in a joint tenancy or by a partner­ship or corporation. If Petitioner is making claims against this property, then all cotenants, partnerships, or corporations holding record title to the property must be joined as third-party co-respondents in this suit.

4.D.Denial of Partnership

Respondent denies being a partner in any partnership named in Peti­tioner’s pleading, namely [name of partnership].

4.E.Denial of Incorporation

Respondent denies the existence of any corporation named in Peti­tioner’s pleading, namely [name], because the business in question is not incorporated.

4.F.Denial of Assumed Name

Respondent is not doing business under an assumed name or trade name as alleged in Petitioner’s pleading.

5.Affirmative Defenses
TRCP 94

5.Affirmative Defenses

Respondent further alleges the following affirmative defenses:

a.accord and satisfaction;

b.arbitration and award;

c.assumption of risk;

d.contributory negligence;

e.discharge in bankruptcy;

f.duress;

g.estoppel;

h.failure of consideration;

i.fraud;

j.illegality;

k.laches;

l.payment;

m.release;

n.res judicata;

o.statute of frauds;

p.statute of limitations;

q.waiver; and

r.[other applicable affirmative defenses].

Respondent further alleges that there are offsetting benefits to the reim­bursement claims made by Petitioner.

6.Denial of Paternity
§§ 160.602, 160.607, 160.608, 160.621(c)

6.Denial of Paternity

Respondent 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].]

7.Statute of Limitations—Denial by Petitioner
§ 160.607

7.Statute of Limitations—Denial by Petitioner

Petitioner’s denial of [his/Respondent’s] parentage of [name of child] is barred by limitations because [he/Respondent] is the child’s presumed father and this proceeding was not commenced before the fourth anniversary of the date of the birth of the child.

8.Objection to Genetic Tests—Denial by Petitioner
§ 160.608

8.Objection to Genetic Tests—Denial by Petitioner

Genetic testing should be denied and [Petitioner/Respondent], who is the presumed father of [name of child], should be adjudicated to be the father of the child because the conduct of Petitioner estops [him/her] from denying parentage, it would be inequitable to disprove the father-child relationship between the child and the presumed father, and an order adjudicating the pre­sumed father to be the father of the child is in the child’s best interest. The Court should appoint an [amicus attorney/attorney ad litem] for the child.

9.Attorney’s Fees, Expenses, Costs, and Interest

9.Attorney’s Fees, Expenses, Costs, and Interest

9.A.Suit with No Child[ren]

It was necessary for Respondent to secure the services of [name of attor­ney], a licensed attorney, to prepare and defend this suit. To effect an equitable division of the estate of the parties and as a part of that division, judgment for attorney’s fees, expenses, and costs through final judgment after appeal should be granted against Petitioner and in favor of Respondent for the use and benefit of Respondent’s attorney; or, in the alternative, Respondent requests that rea­sonable attorney’s fees, expenses, and costs through final judgment after appeal be taxed as costs and be ordered paid directly to Respondent’s attorney, who may enforce the order in the attorney’s own name. Respondent requests postjudgment interest as allowed by law.

9.B.Suit with Child[ren]
§ 106.002

It was necessary for Respondent 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 Petitioner and in favor of Respondent for the use and benefit of Respondent’s attorney and be ordered paid directly to Respondent’s attorney, who may enforce the judgment in the attorney’s own name. Respondent requests postjudgment interest as allowed by law.

10.Prayer

10.Prayer

•Required

Respondent prays that Petitioner take nothing and that Respondent be granted all relief requested in this Original Answer.

•Attorney’s Fees

Respondent also prays for attorney’s fees, expenses, costs, and interest as requested above.

•Request for Jury Trial

Respondent requests a jury trial and pays the jury fee of $[amount].

•Required

Respondent prays for general relief.

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

Verification

The undersigned states under oath: “I am Respondent in this case. I have read the above Respondent’s Original Answer. The statement[s] contained in paragraph[s] [specify] in the Respondent’s Original Answer [is/are] within my personal knowledge and [is/are] true and correct.”

   
[Name of respondent]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas