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 Postdivorce Division of Property
1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]
2.This suit is brought by [name of petitioner], Petitioner, who is a resident of [county] County, [state]. [The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Security number.]
Respondent, [name of respondent], is a resident of [county] County, [state]. Respondent should be served with process [include if applicable: at [address, city, state, zip code]].
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Select one of the following four paragraphs as applicable. |
3.On [date], in the [designation] Court of [county] County, Texas, a Final Decree of Divorce was rendered dissolving the marriage of Petitioner and Respondent. A certified copy of the Final Decree of Divorce is attached to this pleading as Exhibit [exhibit number/letter]. The Final Decree of Divorce failed to dispose of the parties’ marital interest in [description and estimated value of item of property], although the Court had jurisdiction to do so. Petitioner requests the Court to divide the property between Petitioner and Respondent in a manner that the Court deems just and right, having due regard for the rights of each party [include if applicable: and of the child[ren] of the marriage].
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Or |
3.On [date], in the [designation] Court of [county] County, Texas, a Final Decree of Divorce was rendered dissolving the marriage of Petitioner and Respondent. A certified copy of the Final Decree of Divorce is attached to this pleading as Exhibit [exhibit number/letter]. The Final Decree of Divorce failed to dispose of the parties’ marital interest in [description and estimated value of item of property]. At the time the Final Decree of Divorce was rendered, the Court lacked jurisdiction over a spouse or over the property, but the Court has subsequently acquired the requisite jurisdiction. Petitioner requests the Court to divide the property between Petitioner and Respondent in a manner that the Court deems just and right, having due regard for the rights of each party [include if applicable: and of the child[ren] of the marriage].
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Or |
3.On [date], in the [designate court of other state], a Final Decree of Divorce was rendered dissolving the marriage of Petitioner and Respondent. A certified copy of the Final Decree of Divorce is attached to this pleading as Exhibit [exhibit number/letter]. The Final Decree of Divorce failed to dispose of the parties’ marital interest in [description and estimated value of item of property], although the [designate court of other state] had jurisdiction to do so. Petitioner requests the Court to divide the property between Petitioner and Respondent in accordance with the law of [other state].
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Or |
3.On [date], in the [designate court of other state], a Final Decree of Divorce was rendered dissolving the marriage of Petitioner and Respondent. A certified copy of the Final Decree of Divorce is attached to this pleading as Exhibit [exhibit number/letter]. The Final Decree of Divorce failed to dispose of the parties’ marital interest in [description and estimated value of item of property]. At the time the Final Decree of Divorce was rendered, the [designate court of other state] lacked jurisdiction over a spouse or over the property. This Court has subsequently acquired the requisite jurisdiction. Petitioner requests the Court to divide the property between Petitioner and Respondent in a manner that the Court deems just and right, having due regard for the rights of each party [include if applicable: and of the child[ren] of the marriage].
4.This is a proceeding to divide property not divided on divorce. It was necessary for Petitioner to secure the services of [name], a licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the property and as a part of the division, judgment for reasonable attorney’s fees, expenses, and costs through final judgment after appeal should be granted against Respondent and in favor of Petitioner for the use and benefit of Petitioner’s attorneys 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.
5.Petitioner prays that citation and notice issue as required by law.
Petitioner prays for judgment against Respondent, finding the property in question is property not divided or awarded to a spouse in a Final Decree of Divorce, and that the Court divide the property [in a manner that the Court deems just and right, having due regard for the rights of each party [include if applicable: and of the child[ren] of the marriage]/in accordance with the law of [other state]]. Petitioner prays for attorney’s fees, expenses, costs, and interest and for general relief.
[Name]
Attorney for Petitioner
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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Attach a certified copy of the final decree of divorce as an exhibit. |