FM-DivA-100 Original Petition for Divorce [Divorce Set A] (Rev. 1-2021)
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10. 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.
11. Property and Debt
Note: It is very important to talk with lawyer if you or your spouse has a house, land, business, retirement funds,
other valuable property or debt. Getting advice from a lawyer now can save you time and money in the long run.
About community property: Texas is a community property state. This means that any new property that either
spouse gets from the minute they are married until the minute the judge grants the divorce is probably community
property, even if the property is only in one spouse’s name.
About separate property: Property owned by a spouse before the marriage is that spouse’s separate property. In
addition, if either spouse receives a gift, an inheritance, or a recovery for personal injuries that occurred during the
marriage (not including a recovery for lost wages or medical expenses); it is that spouse’s separate property. There
are exceptions to these general rules. If you have questions talk to a lawyer.
About retirement: Retirement funds (such as 401k, pension, profit sharing, stock option plans and IRAs) earned
by either spouse during the marriage are usually considered to be community property that can be divided by the
court. This is true even if you or your spouse has not yet retired. If you want the Court to divide retirement funds
(other than an IRA), you will need to have the Court sign an additional form, usually called a “Qualified Domestic
Relations Order” (QDRO), to make the division effective. You should have the QDRO prepared before you go to
court, so the judge can sign it when you finish your divorce. A QDRO form is not included with this divorce set. You
may be able to get a sample QDRO form from the employer or retirement fund administrator. If not, you should hire
a lawyer to draft the QDRO form. If you use the employer or retirement fund administrator’s QDRO form, you should
still have a lawyer review it to make sure you are not giving up important benefits. Note: If you and your spouse
plan to keep your own retirement funds or do not have retirement funds, you do not need a QDRO.
About debt: A creditor’s right to collect a debt is not affected by a divorce decree. So, if the Court orders your
spouse to pay a debt (such as a mortgage) that is in both of your names but your spouse doesn’t pay it, the creditor
can still seek payment from you. Ask a lawyer how to protect yourself in this situation.
11A. Community Property and Debt
If my spouse and I can agree about how to divide the property and debts we got during our marriage, I ask
the Court to approve our agreement. If we cannot agree, I ask the Court to divide our community property
and debts according to Texas law.
11B. Separate Property
I own the following separate property. I owned this property before I was married or I received this property
as a gift or inheritance during my marriage or I received this property as recovery for personal injuries that
occurred during the marriage (not including any recovery for lost wages or medical expenses). I ask the
Court to confirm this property as my separate property.
(Fill in all lines. If you have no property to list in a particular category, write “none.”)
House or land located at ________________________________________________________________
Street Address City State Zip
Cars, trucks, motorcycles or other vehicles
Vehicle Identification No. [VIN]-