FormDownload Logo

Free Texas Divorce Petition Form(Without Children) - PDF Form Download

Texas Divorce Petition Form(Without Children) Overall rating: ☆☆☆☆☆ 0 based on 0 reviews
5 1

The Texas Original Petition for Divorce is filed before the court to seek a divorce from the spouse. This form is suitable for filing petition for divorce when the couple has no children by natural birth or adoption.


This Original Petition for Divorce is pursuant with Texas Family Code, Chapter 6. The Petition for Divorce – No Children is divided in 10 sections requiring input of various details pertaining to the couple and many allied facts. Filling these details and making your choices is mandatory for acceptance of the Petition for Divorce – No Children in the court of Texas State.


Type the case number followed by the court number. Then mention the names of petitioner and respondent or spouses in appropriate spaces. Mark the status of the court entity as appropriate.

You must print answers and mark your choices for filling the information in the subsequent sections. Start by writing your legal name in the desired format. Proceed by entering the last three digits of driving license or SSN by making an appropriate choice. Enter the spouse or respondent’s name on the next line.

Mark your choice of Level A or Level B in section 1 and proceed to select the choices of Legal notice from A or B. mention the spouse’s address and name of the business in case of a work address if you select A in section 2. Mention the spouse’s address and name of business for the work place in case the spouse refuses to file an answer or sign waiver of service.

Read the note in Section 3 Jurisdiction and proceed with marking your choice/s in conformity with the county and state of residence. You can mark all options that apply to your residency status. Mark your choice for waiver of the waiting period if you wish to seek so and select one box that describes your urgency for the same.

Select appropriate options from section 4, Protective Order Statement to describe the status of the protective order from or to you. You need to mark choices in subsection A, B, and C to offer the precise status of No Protective Order, Pending Protective Order, and Protective Order in Place. Filling in the details of the case number, date, name of county and state, and marking appropriate choices is very crucial. Enter the dates of marriage as well as separation in section 5.

Read the notes in section 7 before proceeding. Then mark your selection of choices between no children and children with a court order for custody. Fill in the name of county and state followed by the case number in case you select the latter option. Proceed with typing names, ages, date of births, and sex of the children, each one on a separate line. Furnish the information of adult disabled child by selecting one between the two choices. Select between the options if the wife is pregnant or not. Proceed with selection if the husband is father of the child or not. Read the note for further information.

The next part of the section 7 requires marking the choice of nature of the pregnancy. Make your selection between the two options and continue by typing the name, age, date of birth, and sex of each child on a separate line. Select the choice of establishment of paternity of aforementioned child/ren and read the note before marking your choice between two options below the choice of establishment of paternity.

Section 8 has space to request a name change. However, this provision permits reverting to the name prior to the marriage upon the order from the court and none other changes is permissible. Mention the first middle, and last name of the requested change.

Section 9 Property has a provision for the distribution of community property and separate property under the clauses mentioned here within. Type the address, city, state, and zip code for a house and land. Similarly, enter year, make, model, and VIN for vehicles. Specify the description of the personal property and/or the money received by you in the spaces provided.

The last section 10 Prayer needs the input of the legal name of the petitioner, followed by the date, phone number with area code, mailing address and signature of the petitioner below the request to grant divorce and/or applicable orders.

Texas Divorce Petition Form 2 (Without 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 ______________
(Court Number)
Petitioner:
Print first, middle and last name of the spouse filing for divorce.
District Court
And County Court at Law

Respondent: County, Texas
Print first, middle and last name of other spouse.

Original Petition for Divorce
Print your answers.

Parties

My name is: __________________________________________________________________________.
First Middle Last

I 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 number.

My spouse’s name is: __________________________________________________________________.
First Middle Last

My spouse is the Respondent.

1. Discovery Level

The discovery level in this case, if needed, is:

Level 1. Check here if you and your spouse do not have children under 18 or a disabled child of any age, the wife is not
pregnant, and you have less than $50,000 in property .

Level 2. All other couples check here.

2. Legal Notice

(Check one box.)

I will have a sheriff, constable, process server or clerk serve my spouse with this Petition here:

_________________________________________________________________________________.
Street Address City State Zip

If this is a work address, name of business: ______________________________________________.

I ask the clerk to issue a Citation of Service (the form necessary to provide legal notice to my spouse).
I understand that I will need to pay the fee (or file an Affidavit of Indigency form to show the Court that
I am unable to pay the fee) and arrange for service.

I think my spouse will sign a Waiver of Service or file an Answer and sign the Final Decree of Divorce.
Do not send a sheriff, constable, or process server to serve my spouse with this Petition at this time.

© TexasLawHelp.org Petition for Divorce – No Children, December 2012
Texas Family Code, Chapter 6 Page 1 of 6

———————– Page 2———————–

If my spouse does not sign a Waiver of Service or file an Answer, I will have a sheriff, constable,
process server or clerk serve my spouse with this Petition here:

________________________________________________________________________________.
Street Address City State Zip

If this is a work address, name of business: _____________________________________________.

I will ask the clerk to issue a Citation of Service (the form necessary to provide legal notice to my
spouse). I understand that I will need to pay the fee (or file an Affidavit of Indigency form to show the
Court that I am unable to pay the fee) and arrange for service.

3. Jurisdiction

Note: You cannot file this form until you or your spouse has lived in the county where you are asking
for a divorce for at least the last 90 days and in Texas for at least the last six months.
Special Rules for Military Families: If you are serving in the armed forces outside of Texas or you
have accompanied your spouse who is serving in the armed forces outside of Texas, you may still file
this form if Texas has been the home state of either spouse for at least 6 months and the county
where you plan to file the divorce has been the home county of either spouse for at least 90 days.

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.

I am serving in the armed forces outside of Texas, but this county has been the home county of either
my spouse or me for at least 90 days.

I have accompanied my spouse who is serving in the armed forces outside of Texas, but this county
has been the home county of either my spouse or me for at least 90 days.

None of the above applies.

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.

My spouse does not live in Texas but Texas is the last state where my spouse and I lived together as
a married couple. This Petition is filed less than two years after we separated.

I am serving in the armed forces outside of Texas, but Texas is the home state of either my spouse or
me and has been for at least 6 months.

I have accompanied my spouse who is serving in the armed forces outside of Texas, but Texas is the
home state of either my spouse or me and has been for at least 6 months.

None of the above applies.

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.

© TexasLawHelp.org Petition for Divorce – No Children, December 2012
Texas Family Code, Chapter 6 Page 2 of 6

———————– Page 3———————–

4. Protective Order Statement

(Check the appropriate boxes.)

A. No Protective Order

I do not have a Protective Order against my spouse and I have not asked for one.

My spouse does not have a Protective Order against me and has not asked for one.

B. Pending Protective Order

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 _______________
Date Filed
in ______________ County, ___________. The cause number is ______________________.
County State Cause Number
If I get a Protective Order, I will file a copy of it before any hearings in this divorce.

My spouse has filed paperwork asking for 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 ______________
Date Filed
in _______________ County, ___________. The cause number is _____________________.
County State Cause Number
If my spouse gets a Protective Order, I will file a copy of it before any hearings in this divorce.

C. Protective Order in Place

I do have a Protective Order against my spouse. I got the Protective Order in
_______________________ County, _________________ on _________________.
County State Date Ordered
The cause number for the Protective Order is ______________________________.
Cause Number
Either I have attached a copy of the Protective Order to this Petition or I will file a copy of it
with the court before any hearings in this divorce.

My spouse does have a Protective Order against me. The Protective Order was made in

_______________________ County, _________________ on _________________.
County State Date Ordered
The cause number for the Protective Order is ______________________________.
Cause Number
Either I have attached a copy of the Protective Order to this Petition or I will file a copy of it
with the court before any hearings in this divorce.

5. Dates of Marriage and Separation

My spouse and I got married on or about: ___________________________________________________.
Month Day Year

We stopped living together as spouses on or about: ___________________________________________.
Month Day Year

6. Grounds for Divorce

I 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.

© TexasLawHelp.org Petition for Divorce – No Children, December 2012
Texas Family Code, Chapter 6 Page 3 of 6

———————– Page 4———————–

7. Children Note: Do not use this form if you and your
spouse have children together who are under
Children you and your spouse have together the age of 18 or still in high school, unless
(Check one box. Fill in the requested information if applicable.) there is a final court order for custody and
support of all the children and you are not
My spouse and I do not have any biological or asking to change that order. Instead, use the
adopted children together who are under the age Petition for Divorce with Children form.
of 18 or still in high school.

My spouse and I do have children together who are under the age of 18 or still in high school. Our
children are listed below. There is a final court order for custody and support of our children and I am
not asking to change that order at this time. The order was made in ___________________ County
and __________________ State. The cause number for the order is __________________________.
I understand I must attach a file-stamped copy of the order to my Final Decree of Divorce.

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 A at the top. Then attach it to this form.

Adult Disabled Children Note: If you have a disabled child,
(Check one box.) talk to a lawyer before filing this form.
My spouse and I do not have any You or your spouse may be entitled
disabled children over 18. to receive child support, even after
the child becomes an adult.
My spouse and I do have a disabled child over 18.

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.

Note: 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 Texas Vital Statistics Unit, 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 – No Children, December 2012
Texas Family Code, Chapter 6 Page 4 of 6

———————– Page 5———————–

Children Born During the Marriage, but Husband is Not the Father

(Check one box. Fill in the requested information if applicable.)

The wife did not have a child 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.

If more than 4 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 Texas Vital Statistics Unit for each child named above.
I understand I must attach a copy of these documents to my Final Decree of Divorce.

Note: 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. This is true even if the children
were born after the husband and wife separated. 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 Texas Vital Statistics Unit, 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.

8. Name Change Note: You cannot use this form to change your name to anything other
than a name you used before you got married.
(Check one box.)

I am NOT asking the Court to change my name.

I ask the Court to change my name back to a name I used before my marriage. I am not asking the
court to change my name to avoid criminal prosecution or creditors. I ask that my name be changed to:

__________________________________________________________________________.
First Middle Last

© TexasLawHelp.org Petition for Divorce – No Children, December 2012
Texas Family Code, Chapter 6 Page 5 of 6

———————– Page 6———————–

9. Property

Community Property

If my spouse and I are able to reach an agreement for the division of our property and debts, I ask the
Court to approve our agreement. If such an agreement is not made, I ask the Court to divide our property
and debts in a way that is just and right, according to Texas law.

Separate Property

I ask the court to confirm the following property as my separate property. This is money or property I
owned before I was married, that I received as a gift or inheritance during my marriage, that I received for
personal injuries that occurred during my marriage that was not for lost wages or medical expenses, or
property I purchased during my marriage with separate property funds.

House located at:______________________________________________________________________
Street Address City State Zip

Land located at: _______________________________________________________________________
Street Address City State Zip

Cars, trucks, motorcycles or other vehicles

Year Make Model Vehicle Identification No. [VIN]-

Other money or personal property I owned before I was married, received as a gift or inheritance during my
marriage or property I purchased during my marriage with separate property funds: (describe)

Money I received as recovery for personal injuries that occurred during the marriage that was not for lost
wages or medical expenses: (describe)

Important: Talk to a lawyer if you or your spouse has retirement benefits or other employment
benefits such as a 401(k), pension, profit sharing or stock option plan. The part of a spouse’s benefits
earned during the marriage can usually be divided by the court when you get divorced. This is true
even if the spouse has not yet retired. However, you must hire a lawyer to correctly write the
additional documents the court will need to divide the benefits.

10. Prayer

I ask the Court to grant my divorce. I also ask the Court to make the other orders I have asked for in this
Petition and any other orders to which I am entitled.

Petitioner’s Name Date

 ( )
Petitioner’s Signature Phone

Mailing Address City State Zip

I understand that I must notify the Court and my spouse’s attorney (or my spouse if my spouse
does not have an attorney) in writing if my mailing address changes during these divorce
proceedings. If I don’t, any notices about this case will be sent to me at the address above.

© TexasLawHelp.org Petition for Divorce – No Children, December 2012
Texas Family Code, Chapter 6 Page 6 of 6

 Advertisements

Texas Divorce Petition Form(Without Children) Reviews

Review this Form

Name
Email
Rating
Review