Facts about the Texas Divorce Petition PDF template

Divorce is a heartbreaking thing to go through. Even for couples who split up on amicable terms, there's still a level of pain and grief there. Unfortunately, divorce is also exceedingly common. More than fifty percent of couples will divorce at some point. If you live in Texas, a petition for divorce is the first step in your divorce proceedings.

What Is a Texas Divorce Petition Used For?

Texas has a number of steps outlined for its legal divorce process. One of the first steps is to file an Original Petition for Divorce. This petition outlines a request you've made for a hearing. At the hearing, a judge will hear your case and decide whether or not to grant you a divorce.

Before you file the petition, it's helpful to discuss a potential divorce with your partner. If you both agree that the marriage isn't working, and you agree on the basic terms of the divorce, the legal portion will be much easier. When both parties agree to split up, you're able to ask that you have an uncontested divorce.

If there are disagreements about important issues, your divorce will be contested. This means that a judge will hear the reasoning of both parties and make a decision as a neutral third party. In both types of divorce cases, experienced attorneys can help the process go more smoothly.

Who Would Use a Texas Divorce Petition?

If you live in Texas, and you want to divorce your spouse, you should use the divorce petition. Your petition will be your first step toward legalizing your divorce. Before you file the petition, double check to make sure that the residency requirements are met. At least one spouse needs to have resided in Texas for a minimum of six months prior to the petition's filing. Additionally, at least one spouse must have lived in whichever country you file the petition in for a period of three months.

Be aware that there are two versions of the form. One is for couples with children or pregnant couples, while the other is for couples without children.

When Should a Texas Divorce Petition Be Used?

The petition is the first legal step you'll take toward making your divorce official. If the emotional climate will allow it, you should have a calm discussion with your spouse about the possibility of divorce.

During this discussion, you can find out whether they agree that divorce is in your best interests. You can also find out what terms they want for the divorce. In the most ideal scenario, you'll be able to file for an uncontested divorce. If your spouse doesn't agree with you, though, you'll need a judge to mediate in a contested divorce.

The petition should be filed as soon as you're absolutely certain that divorce is what you want. Again, you need to be certain that you fit the Texas residency requirements to file the petition.

What Are the Consequences to Not Using a Texas Divorce Petition?

Unlike many states, Texas is a "no fault" state regarding divorces. This means that a spouse does not need to prove wrongdoing of the other spouse in order to get divorced. Even if your spouse refuses to partake in the legal divorce process or sign the papers, you still cannot be held in the marriage against your will.

If you don't file the petition for divorce, you'll have no paperwork on file stating that you wish to get divorced. Your case will not move forward, and a judge will not mediate your dispute. You'll continue to be married to your spouse.

How to Fill Out a Texas Divorce Petition

• Leave the Cause Number at the top of the sheet blank. The Clerk's office will fill it in. Write your name under "Petitioner," the court number on the blank after "In the," and your spouse's name in the "Respondent" space. If there are children of the marriage who have not yet reached the age of 18, their names should be listed below the name of your spouse.


• Underneath the Original Petition for Divorce title, print your basic personal information in the relevant fields, along with information about your spouse. In Part 2, you'll check off your county of residence along with any applicable statements. If you're responding from out of state, you'll need to check the applicable boxes on the "Out-of-State Respondent" section.


• Under Part 3, write the date you got married and the date your relationship ended on the appropriate lines.


• In Part 4, list any children who are not yet 18 years old, along with their birth dates and their state and county of residence. If you have a disabled child over the age of 18, check the appropriate box in Part 4B. Check appropriate boxes in Part 4C regarding any pregnancy. Part 4D is used to transcribe any court orders involving your children. Part 4F and 4G ask for information about the children's health insurance and property. In Part 4H, you'll provide any information about children who were born during the marriage, but not fathered by the husband.


• List your property and assets under Part 5, using the appropriate blanks.


• Check the appropriate boxes in Part 6 regarding protective orders filed against your spouse. If you have requested a protective order, fill in the appropriate blanks. You must also fill in information about any protective orders your spouse has taken out against you.


• Provide your family information in Part 7, and your name change request in Part 8. Part 9 allows you to choose how your spouse will be notified.


• Print and sign your name at the bottom of the form, and provide the requested contact information.

Quick Questions

What is the procedure for a contested divorce?

Do any other legal requirements need to be filled before you can file the petition?

Is there a waiting period for the divorce?