Use this template/form as a Divorce Petition Form 1 (With Children) in the State of Texas
Texas Divorce Petition Form 1 (With Children)
Text version of this Form
———————– Page 1———————–
Cause Number:
(The Clerk’s office will fill in the Cause Number and Court Number when you file this form.)IN THE MATTER OF THE MARRIAGE OF
In the ______________
Petitioner:
(Court Number)
Print first, middle and last name of the spouse filing for divorce.And District Court County Court of:
Respondent: County, Texas
Print first, middle and last name of other spouse.AND IN THE INTEREST OF: (List children of this marriage who are under 18):
1. ________________________ 2._______________________ 3. ______________________
4. ________________________ 5._______________________ 6. ______________________
Original Petition for Divorce
Print your answers.
Parties
My name is: __________________________________________________________________________.
First Middle LastI am the Petitioner. I am filing this Petition for Divorce.
The last three numbers of my driver’s license number are: ___ ___ ___. My driver’s license was issued
in (State) ________________________.
or I do not have a driver’s license number.The last three numbers of my social security number are: ___ ___ ___.
or I do not have a social security numberMy spouse’s name is: __________________________________________________________________.
First Middle LastMy spouse is the Respondent.
1. Discovery
The discovery level in this case, if needed, is Level 2.
2. Jurisdiction
You cannot file this form until you or your spouse have lived in the county where you
are asking for a divorce for the last 90 days, and in Texas for the last six months.
County of Residence(Check all boxes that apply.)
I have lived in this county for the last 90 days.
My spouse has lived in this county for the last 90 days.
© TexasLawHelp.org – Petition for Divorce – With Children October, 2011 Page 1 of 8
Texas Family Code, Titles I and V.———————– Page 2———————–
State of Residence
(Check all boxes that apply.)
I have lived in Texas for the last six months.
My spouse has lived in Texas for the last six months.
Out-of-State Respondent
(Check all boxes that apply.)
My spouse does not live in Texas, and
My spouse agrees that a Texas court can make orders dividing our property and orders for custody
and support of our children.
Texas is the last state where we lived together as a married couple. This petition is filed less than two
years after we separated.
The children live in Texas because of my spouse’s actions.
My spouse has lived in Texas with the children.
My spouse has lived in Texas and provided prenatal expenses or support for the children.
My spouse had sexual intercourse in Texas, and the children may have been conceived by that act of
intercourse.
Our child was born in Texas and my spouse registered with the paternity registry maintained by the
bureau of vital statistics or signed an acknowledgment of paternity.
My spouse will be personally served with citation in Texas.Note: If your spouse does NOT live in Texas, you must complete and attach the Exhibit: Out-of-State Party Affidavit.
Waiver of Waiting Period Based on Family Violence
(Check only if applicable.)
I ask the Court to waive the 60 day waiting period for divorce because: (Check one box.)
My spouse has been convicted of or received deferred adjudication for a crime involving family
violence against me or a member of my household.
I have an active protective order or an active magistrate’s order for emergency protection against my
spouse because of family violence during our marriage. The order includes a finding that my spouse
committed family violence.3. Marriage, Separation, and Grounds for Divorce
My spouse and I got married on or about: ____________________________.
Month Day YearWe stopped living together as spouses on or about: ____________________________.
Month Day YearI ask the Court to grant me a divorce.
The marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate
ends of the marital relationship and prevents any reasonable expectation of reconciliation. (This means that you
and your spouse do not get along and do not plan to get back together.)© TexasLawHelp.org – Petition for Divorce – With Children October, 2011 Page 2 of 8
Texas Family Code, Titles I and V.———————– Page 3———————–
4. Children
A. Children you and your spouse have together –
List all children you and your spouse have together (adopted or biological) who are under 18 or still in high school.
If you have a disabled child, talk to an attorney to see if child support should continue after the child turns 18.State where child
Child’s name Date of Birth Place of Birth lives now1.
2.
3.
4.
5.
6.
B. Adult Disabled Children
Note: If you have a disabled child, talk to a
(Check one box.) lawyer before filing this form. You or your spouse
My spouse and I do not have any may be entitled to receive child support, even
disabled children over 18. after the child becomes an adult.My spouse and I do have a disabled child over 18.
C. Pregnancy
(Check one box.)
The wife in this marriage is not pregnant.
The wife in this marriage is pregnant.
(If pregnant, also check one box below.)
The husband is the father of this child.
The husband is not the father of this child.
Important: If the wife is pregnant and the husband is not the biological father of the child, paternity of the child
must be established before you can finish your divorce. See Texas Family Code Section 160.204.
Paternity may be established by:
● filing, with the court, a case to Adjudicate Parentage, or
● filing, with the bureau of vital statistics, an Acknowledgement of Paternity signed by the genetic father and a
Denial of Paternity signed by the husband.
The Office of the Attorney General may be able to help establish paternity of the child.
Get more information about establishing paternity at www.TexasLawHelp.org.
If the wife is pregnant and the husband is the biological father of the child, you must wait until the child is born to
finish your divorce.© TexasLawHelp.org – Petition for Divorce – With Children October, 2011 Page 3 of 8
Texas Family Code, Titles I and V.———————– Page 4———————–
Note: Do not use this form if you have a final court
D. Court Orders involving children
order for custody and support of all the children and
you and your spouse have together you are NOT asking the court to make any changes(Check one box.) to the order. Use the Petition for Divorce – No
Children form instead.
There are no court orders in effect now
If the court order in effect now: 1) does not include all
for any of the children listed above. your children, 2) is temporary, or 3) you are asking
There is a court order in effect now for at least one, the court to make changes to the order, talk to a
lawyer before you file this form.
but NOT ALL of the children listed above.
Child(ren) included in order: ___________________________________________________________
County/State where order was made: ___________________________________________________
Date of order: ________________________ Cause #: ___________________________________
Name of order: _____________________________________________________________________There is a court order in effect now for ALL of the children listed above.
County/State where order was made: ___________________________________________________
Date of order: ______________________ Cause #: _____________________________________
Name of court order in effect now: ______________________________________________________
The court order in effect now is: temporary final.
I ask the court to make the following changes to this order: (Note: The court cannot change an order made in a
different county, unless the case is transferred to the county where you file for divorce.)
__________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________
E. Custody, Visitation, and Child Support
My spouse and I will try to make an agreement about custody, visitation, and support. If we cannot make an
agreement, I ask the court to make decisions on these issues that are best for our children, including, if
applicable, orders for current and retroactive child support and medical support.F. Children’s Health Insurance
The children do do not have private health insurance in effect.
Private Health Insurance is in effect: (Complete, if the children have private health insurance.)
Name of insurance company: _____________________________________________________________
Policy number: ________________________________________________________________________
Cost of premium: $ _____________________________________________________________________
Name of person who pays for insurance: ____________________________________________________
The insurance policy is is not available through the parent’s work.
Private Health Insurance NOT in effect: (Complete, if the children do NOT have private health insurance.)
The children do do not receive medical assistance through CHIPS or Medicaid.
Cost of premium (if any): ________________________________________________________________
Health insurance is is not available to the person who pays child support at a reasonable cost.
© TexasLawHelp.org – Petition for Divorce – With Children October, 2011 Page 4 of 8
Texas Family Code, Titles I and V.———————– Page 5———————–
G. Children’s property
(Check one box.)
The children do not own any property.
The children own the following property: _______________________________________________
H. Children born during the marriage, but husband is not the father
(Check one box and fill in the requested information, if applicable.)
The wife did not have children with another man while married to the husband.
The wife did have children with another man while married to the husband.
All of the children born during the marriage that are not the husband’s adopted or biological children are
named below:Child’s name Age Date of Birth Sex
1.
2.
3.
4.
5.
6.
If more than 6 children, list them on another sheet and write Attachment B at the top. Then attach it to this form.(Check one box.)
Paternity of the children named above has not been established. I understand that paternity of the
children must be established before I can finish my divorce.Paternity of the children named above has been established: (Check one box.)
A court order has determined the father of each child named above. I understand I must attach a
file-stamped copy of the order to my Final Decree of Divorce.An Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed
by the Husband has been filed with the bureau of vital statistics for each child named above. I
understand I must attach a copy of these documents to my Final Decree of Divorce.Important: If the wife had children with another man while married to the husband, paternity of the children
must be established before you can finish your divorce. See Texas Family Code Section 160.204.Paternity may be established by:
● filing, with the court, a case to Adjudicate Parentage, or
● filing, with the bureau of vital statistics, an Acknowledgement of Paternity signed by the genetic father and a
Denial of Paternity signed by the husband.
The Office of the Attorney General may be able to help establish paternity of the children.
Get more information about establishing paternity at www.TexasLawHelp.org.© TexasLawHelp.org – Petition for Divorce – With Children October, 2011 Page 5 of 8
Texas Family Code, Titles I and V.———————– Page 6———————–
5. Property
Community Property
My spouse and I will try to make an agreement about how to divide our property and debts. If we cannot
agree, I ask the Court to divide our property and debts according to Texas law.Separate Property
I own the following separate property. I owned this before I was married or I received this property as a gift or
inheritance during my marriage.1. House located at: __________________________________________________________________.
street address city state zip2. Land located at: ___________________________________________________________________.
street address city state zip3. Cars, trucks, motorcycles or other vehicles
Year Make Model Vehicle Identification No. [VIN]
4. Inheritance, gifts, or money from a lawsuit (not for lost wages) given only to you (describe):
5. Other property that you owned before you were married (describe):
I ask the Court to confirm this property as my separate property in my Final Decree of Divorce.
6. Protective Order Note: You MUST attach a copy of any protective order issued
for you against your spouse or issued for your spouse against
you, no matter when the protective order was issued.
Protective Order Against my SPOUSE(Check one box and fill in the requested information, if applicable.)
I do not have a Protective Order against my spouse and I have not asked for one.
I have filed paperwork at the courthouse asking for a Protective Order against my spouse, but a judge
has not decided if I should get it. I asked for a Protective Order on
____________ in __________________ County. The case number is ________________________.
Date Filed Name of CountyI do have a Protective Order against my spouse. I got the Protective Order on
______________ in _______________________ County, ___________________.
Date Ordered Name of County Name of State
The case number for the Protective Order is _____________________________________________.© TexasLawHelp.org – Petition for Divorce – With Children October, 2011 Page 6 of 8
Texas Family Code, Titles I and V.———————– Page 7———————–
Protective Order Against ME
(Check one box and fill in the requested information if applicable.)
My spouse does not have a Protective Order against me and has not asked for one.
My spouse has filed paperwork asking to get a Protective Order against me, but a judge has not decided
if my spouse will get it. My spouse asked for a Protective Order on
____________ in __________________ County. The case number is __________________________.
Date Filed Name of CountyMy spouse does have a Protective Order against me. The Order was made in
________________________ County, ________________________ on _________________.
Name of County Name of State Date OrderedThe case number for the Protective Order is ______________________________________________.
7. Family Information
(Check one box.)
I will fill out and file the Family Information form when I file the Final Decree of Divorce, as required by
Texas Family Code Section 105.006.I believe my children or I will be harassed, abused, seriously harmed, or injured if I am required to give
my spouse the information checked below for myself and the children:(Check the boxes below to tell the judge which information you want to be kept confidential.)
home address, mailing address, employer, work address,
home phone #, work phone #, social security #, driver’s license #.
I ask the Court to Order that I not have to give this information or notice of changes in this information to
my spouse. I also ask the Court to keep this information confidential.Note: Ask the Court to sign the Order on Request to Keep Family Information Confidential form when you go to court.
Find this form at www.FreeTexasForms.org in the Divorce in Texas with Children section.8. Name Change
I ask the Court to change my name back to a name I had before my marriage:
PRINT First Middle Last
9. Notice to My Spouse Your spouse has the legal right to be notified that you have filed for divorce.
(Check one box.)
I will have a sheriff, constable, or process server give a copy of this Petition to my spouse here:
_________________________________________________________________________________
Street Address City State ZipIf this is a work address, name of business: _______________________________________________
I ask the clerk to issue citation. I understand that I will need to pay the fee (or file the form to show the
Court that I am unable to pay the fee) and arrange for service by a sheriff, constable or process server.Do not send a sheriff, constable, or process server to give a copy of this Petition to my spouse, at this
time. I think my spouse will sign a Waiver of Service, or file an Answer.© TexasLawHelp.org – Petition for Divorce – With Children October, 2011 Page 7 of 8
Texas Family Code, Titles I and V.———————– Page 8———————–
10. Prayer
I ask the Court to grant me a divorce and make the other orders I have asked for in this Petition and any other
orders I am entitled to.I ask the court for general relief.
( )
Petitioner’s Name (print) Phone number
Petitioner’s Signature DatePetitioner’s
Mailing Address:city state zip
I understand that I must let the Court, my spouse, and my spouse’s attorney (if my spouse has an
attorney) know in writing if my mailing address or phone number changes during this case.© TexasLawHelp.org – Petition for Divorce – With Children October, 2011 Page 8 of 8
Texas Family Code, Titles I and V.