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NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.
FM-DivA-100 Original Petition for Divorce [Set A] (Rev. 1-2021)
© TexasLawHelp.org Page 1 of 7
Original Petition for Divorce
Print your answers.
My name is: __________________________________________________________________________.
First Middle Last
I am the Petitioner, the person asking for a 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: (Check one box.)
Level 1. (Check here if you and your spouse have less than $250,000 in property.)
Level 2. (All other couples check here.)
2. Legal Notice (Check one box.)
I think my spouse will sign a Waiver of Service (or Answer). Do not send a sheriff, constable, or
process server to serve my spouse with a copy of this Petition for Divorce at this time.
I will have a sheriff, constable, process server or clerk serve my spouse with this Petition for Divorce
her
e:
_________________________________________________________________________________.
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 by
“Official Service of Process”). I understand that I will need to pay the fee (or file a Statement of Inability
to Afford Payment of Court Costs if am unable to pay the fee) and arrange for service.
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
Petitioner:
In the ______________
(Court Number)
District Court
County Court at Law
County, Texas
Print first, middle and last name of the spouse filing for divorce.
And
Respondent:
Print first, middle and last name of other spouse.
FM-DivA-100 Original Petition for Divorce [Divorce Set A] (Rev. 1-2021)
© TexasLawHelp.org Page 2 of 7
I cannot find my spouse. I ask that my spouse be served by posting or publication. I understand I must
file an Affidavit for Citation by Posting or Affidavit for Citation by Publication depending on my case. If
my spouse and I have property, I understand I must also hire a lawyer to serve as attorney ad litem for
my spouse.
3. Jurisdiction
3A. County Residence Requirement
(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 or other government service
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 or other government service outside of
Texas, but this county has been the home county of either
my spouse or me for at least 90 days.
3B. Texas Residence Requirement
(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.
I am serving in the armed forces or other government service 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 or other government service outside
of Texas, but Texas is the home state of either my spouse or me and has been for at least 6 months.
3C. Personal Jurisdiction over Spouse
(Check one box.)
My spouse lives in Texas.
My spouse does not live in Texas.
(If your spouse does not live in Texas, check any boxes that apply below.)
My spouse agrees that a Texas court can make orders in this divorce, including orders dividing our
property and debts. My spouse will file a Waiver of Service (or Answer).
Texas is the last state where we lived together as a married couple. This Petition for Divorce is filed
less than two years after we separated.
4. 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
Note: You cannot file for
divorce in Texas 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.
There are special rules for
military families and others who
are absent from the state due to
government service.
Get more information at
www.TexasLawHelp.org
.
FM-DivA-100 Original Petition for Divorce [Divorce Set A] (Rev. 1-2021)
© TexasLawHelp.org Page 3 of 7
5. 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.
6. No Children Together
My spouse and I do not have any biological or adopted
children together who are under 18 years old or still in high
school.
7. Is the Wife Pregnant?
(Check one box.)
The wife in this marriage is not pregnant.
The wife in this marriage is pregnant. I understand that I cannot finish the divorce until after the child is
born.
(If the wife is pregnant, also check one box below.)
The husband is the father of this child. I ask the court to include orders for custody, visitation, child
support and medical support for the child in the Final Decree of Divorce.
The husband is not the father of this child. I understand that paternity of the child must be
established before I can finish the divorce. (Get information about establishing paternity at
www.TexasLawHelp.org.)
8. Did the Wife have a Child with Another Man while Married to the Husband?
(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 a child 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.
(If the wife had a child or children with another man during the marriage, check one box below,)
Paternity of the child(ren) named above has not been established. I understand that paternity of
the child(ren) must be established before I can finish my divorce.
(Get information about establishing
paternity at www.TexasLawHelp.org.)
Paternity of the child(ren) named above has been established: (Check one box.)
A court order has established that another man is the biological father and/or the Husband is
not the biological father of the child(ren) listed above. I understand I must attach a file-stamped
copy of the court order to my Final Decree of Divorce.
Note: Talk to a lawyer if you have an
adult disabled child who is not capable of
supporting him or herself because of the
disability. You or your spouse could be
entitled to receive child support.
FM-DivA-100 Original Petition for Divorce [Divorce Set A] (Rev. 1-2021)
© TexasLawHelp.org Page 4 of 7
An Acknowledgement of Paternity was signed by the biological father and a Denial of Paternity
was signed by the Husband for the child(ren) listed above. I understand I must attach a copy of
these documents to my Final Decree of Divorce.
9. Protective Order Statement
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.
Date filed Name of County
The case number is ____________________________________________.
I do have a Protective Order against my spouse.
I got the Protective Order on ______________________ in ______________________ County,
Date Ordered Name of County
and in _______________________________ State.
Name of State
The case number for the Protective Order is ____________________________________________.
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.
Date filed Name of County
The case number is ____________________________________________.
My spouse does have a Protective Order against me. The Order was made in
______________________ County, _________________________ on ______________________.
Name of County Name of State
Date Ordered
The case number for the Protective Order is ____________________________________________.
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.
FM-DivA-100 Original Petition for Divorce [Divorce Set A] (Rev. 1-2021)
© TexasLawHelp.org Page 5 of 7
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
Year
Make
Model
Vehicle Identification No. [VIN]-
FM-DivA-100 Original Petition for Divorce [Divorce Set A] (Rev. 1-2021)
© TexasLawHelp.org Page 6 of 7
Other money or personal property that 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:
Money I received as recovery for personal injuries that occurred during the marriage that was not for lost
wages or medical expenses:
12. Name Change
(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
13. Request for Judgment
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
Email Address:
Fax (if any)
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 or email address changes during these
divorce proceedings. If I don’t, any notices about this case including the dates and times of
hearings will be sent to me at the mailing address or email address above.
Note: You cannot use this form to change your name to anything other
than a name you used before you got married.
click to sign
signature
click to edit
FM-DivA-100 Original Petition for Divorce [Divorce Set A] (Rev. 1-2021)
© TexasLawHelp.org Page 7 of 7
Note: For a referral to a lawyer call your local lawyer referral service or the State Bar of Texas Lawyer Referral
Information Service at 800-252-9690.
For information about free and low-cost legal help in your county go to www.TexasLawHelp.org or call the Legal
Aid office serving your area:
Legal Aid of Northwest Texas 888-529-5277 (serves Dallas / Ft. Worth area, and Northwest Texas)
Lone Star Legal Aid 800-733-8394 (serves Houston area & East Texas)
Texas Rio Grande Legal Aid 888-988-9996 (serves Austin / San Antonio area, El Paso area, and South Texas)
If you have been the victim of family violence, or if at any time you feel unsafe, get help by calling the:
National Domestic Violence Hotline at 800-799-SAFE (7233) or
Texas Family Violence Legal Line at 800-374-HOPE (4673) or
Crime Victims at 888-343-4414.
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Completed 19 January 2021

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