Table of Contents
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form serves as a crucial document for individuals seeking to initiate the divorce process in Texas. This form is specifically designed for those who meet certain criteria, including having minor children and needing to address issues related to custody, visitation, and child support. It outlines the necessary information that the court requires to process a divorce petition, including the names and addresses of both spouses, the date of marriage, and the grounds for divorce. Additionally, the form includes sections to specify the desired outcomes regarding property division and any requests for spousal support. By completing this form accurately, individuals can ensure that their divorce proceedings begin on solid legal footing, paving the way for a more structured resolution of their marital issues. Understanding the components of this form is essential for anyone navigating the complexities of divorce in Texas.
Sample - Texas Law Help FM-DivC-100 Original Petition for Divorce Set C Form
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.
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:
Print first, middle and last name of the spouse filing for divorce.
And
Respondent:
Print first, middle and last name of other spouse.
In the ______________
(Court Number)
District Court
County Court at Law
County, Texas
Original Petition for Divorce
Print your answers.
My name is: __________________________________________________________________________.
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First |
Middle |
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Last |
I am the Petitioner, the person asking for a divorce. |
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The last three numbers of my driver’s license number are: ___ |
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___. My driver’s license was |
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issued in (State) ________________________. |
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or |
I do not have a driver’s license number. |
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The last three numbers of my social security number are: ___ |
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___. |
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or |
I do not have a social security number. |
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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 $50,000 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 here:
_________________________________________________________________________________.
Street AddressCityStateZip
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 I am unable to pay the fee) and arrange for service.
I cannot find my spouse. I ask that my spouse be served by publication. I understand I must file an Affidavit for Citation by Publication and hire a lawyer to serve as attorney ad litem for my spouse.
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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.
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.
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: __________________________________________________.
MonthDayYear
We stopped living together as spouses on or about: __________________________________________.
Month |
Day |
Year |
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.
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6. Children Together
My spouse and I do have children together who are under the age of 18 or still in high school. All of our children who are under the age of 18 or still in high school are listed below. However, there is a final court order for custody (conservatorship), visitation, child support and medical support of all the children listed below 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
Child’s name |
Age |
Date of Birth |
Sex |
1.
2.
3.
4.
5.
6.
Note: Do not use this form if you have a court order about your children but:
1)the order does not include all the children you and your spouse have together, or
2)the order is a temporary order, or
3)you are asking the court to make changes to the order.
If one of these situations applies, you must ask a lawyer to draft the appropriate form for your case.
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 my divorce. (Get information about establishing paternity at www.TexasLawHelp.org.)
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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.
6.
(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
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.
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9.Protective Order Statement (Check the appropriate boxes below. Fill in the requested information.)
Note: You must provide information about any protective order or pending application for protective order
involving you and your spouse or a child of either you or your spouse. This includes information about any: (1) family violence protective order, (2) sexual assault, sexual abuse, trafficking or stalking protective order and/or
(3) emergency protective order issued after an arrest.
You must also attach to this petition a copy of any protective order (even if it’s expired) in which one spouse or child of either spouse was the applicant or victim and the other spouse was the respondent or defendant.
9A. 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.
9B. 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.
9C. Protective Order in Place
I do have a protective order against my spouse. I got the protective order in
____________________________ County, ______________________ on _________________.
CountyStateDate 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 __________________.
CountyStateDate 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.
10. Waiver of Waiting Period Based on Family Violence (Check only if applicable.)
I ask the Court to waive the
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.
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11. Property and Debt
Note: It is 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 ___________________________________________________________________
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Cars, trucks, motorcycles or other vehicles |
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Make |
Model |
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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:
Money I received as recovery for personal injuries that occurred during the marriage that was not for lost wages or medical expenses:
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12. Name Change
(Check one box.)
Note: You cannot use this form to change your name to anything other
than a name you used before you got married.
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 NameDate
Petitioner’s Signature |
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Mailing Address |
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Email Address: |
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(if any) |
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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: For a referral to a lawyer call your local lawyer referral service
or the State Bar of Texas Lawyer Referral Information Service at
For information about free and
or call the Legal Aid office serving your area:
Legal Aid of Northwest Texas
Lone Star Legal Aid
Texas Rio Grande Legal Aid
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
Texas Family Violence Legal Line at
Advocates for Victims of Crime (AVOICE): at
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File Specs
| Fact Name | Description |
|---|---|
| Purpose | The FM-DivC-100 Original Petition for Divorce Set C form is used to initiate a divorce proceeding in Texas. |
| Governing Law | This form is governed by the Texas Family Code, specifically Title 1, Chapter 6. |
| Eligibility | Either spouse can file for divorce in Texas if they have lived in the state for at least six months. |
| Filing Location | The form must be filed in the district court of the county where either spouse resides. |
| Required Information | The form requires details about the marriage, children, and property, among other personal information. |
| Additional Documents | Along with the petition, other documents may need to be submitted, such as a civil case information sheet. |
Texas Law Help FM-DivC-100 Original Petition for Divorce Set C - Usage Guidelines
After obtaining the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, you are ready to fill it out. This form is essential for initiating a divorce process in Texas. It is important to take your time and ensure all information is accurate and complete, as this will help facilitate the next steps in your case.
- Begin by entering your full name in the designated space at the top of the form.
- Provide your current address. Make sure to include the city, state, and ZIP code.
- Next, fill in the name of your spouse. This should be their full legal name.
- Indicate the current address of your spouse. If you do not know their address, you may need to provide a last known address.
- Complete the section regarding the date of marriage. Be sure to include the month, day, and year.
- Fill out the date of separation. This is the date when you and your spouse stopped living together as a married couple.
- Provide information about any children you have together. Include their names and dates of birth.
- In the section regarding property, describe any community or separate property that should be addressed in the divorce.
- Complete the section on requested relief. Clearly state what you are asking for in the divorce, such as custody arrangements or division of assets.
- Sign and date the form at the bottom. Make sure your signature is clear and legible.
Once you have filled out the form, it is important to review it carefully for any errors or missing information. After ensuring everything is correct, you can proceed with filing the form with the appropriate court.
Your Questions, Answered
What is the FM-DivC-100 Original Petition for Divorce Set C form?
The FM-DivC-100 Original Petition for Divorce Set C form is a legal document used in Texas to initiate a divorce proceeding. This form is specifically designed for individuals who meet certain criteria, such as having children or specific property arrangements. By filing this form, you formally request the court to dissolve your marriage and address related issues like child custody, support, and property division.
Who should use this form?
This form is intended for individuals who are seeking a divorce in Texas and have children or complex financial situations. If you and your spouse have minor children, or if there are significant assets or debts involved, this form is appropriate. It’s important to assess your specific situation to determine if this is the right form for you, as other forms may be better suited for simpler cases.
What information do I need to complete the form?
To fill out the FM-DivC-100 form, you will need to provide various pieces of information. This includes your full name, your spouse's full name, the date of your marriage, and details about your children, if applicable. Additionally, you should include information about your property, debts, and any other relevant financial matters. Gathering this information beforehand can make the process smoother and more efficient.
What happens after I file the form?
Once you file the FM-DivC-100 form with the court, several steps follow. The court will review your petition and set a date for a hearing. You must then serve your spouse with a copy of the petition, which officially notifies them of the divorce proceedings. From there, you may need to attend mediation or court hearings to resolve any disputes regarding custody, support, or property division. Staying organized and informed throughout this process is crucial for a successful outcome.
Common mistakes
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Incomplete Information: Failing to fill in all required fields can lead to delays. Ensure that all sections are completed accurately.
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Incorrect Names: Using incorrect legal names for either spouse can cause confusion. Always use full legal names as they appear on official documents.
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Wrong Filing Fee: Not checking the current filing fee can result in rejection of the petition. Verify the fee with the local court before submission.
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Missing Signatures: Omitting signatures can invalidate the document. Both spouses, if applicable, must sign where indicated.
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Incorrect Court Jurisdiction: Filing in the wrong court can delay the process. Ensure you are filing in the appropriate jurisdiction based on residency.
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Not Including Children’s Information: If there are children involved, failing to provide their details can complicate the case. Include all relevant information about children.
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Ignoring Local Rules: Each county may have specific rules regarding divorce petitions. Familiarize yourself with local court rules to avoid mistakes.
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Inadequate Documentation: Not attaching necessary documents, such as proof of residency or marriage certificate, can lead to issues. Gather all required documents before filing.
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Failure to Review: Skipping the final review of the form can lead to overlooked errors. Take the time to carefully proofread the petition before submission.
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Not Keeping Copies: Failing to make copies of the filed petition can create problems later. Always keep a copy for personal records and future reference.
Documents used along the form
When navigating the divorce process in Texas, it is essential to be aware of various forms and documents that may accompany the FM-DivC-100 Original Petition for Divorce Set C form. These documents help ensure that all necessary information is provided to the court and facilitate a smoother legal process. Below is a list of commonly used forms that may be relevant.
- FM-DivC-200 Citation: This document notifies the other spouse that a divorce petition has been filed and provides them with the necessary information to respond.
- FM-DivC-300 Answer: The answer form allows the responding spouse to formally reply to the divorce petition, indicating their agreement or disagreement with the claims made.
- FM-DivC-400 Waiver of Service: This form can be signed by the responding spouse to waive their right to receive formal notice of the divorce proceedings, streamlining the process.
- FM-DivC-500 Final Decree of Divorce: This document outlines the final terms of the divorce, including property division, child custody, and support arrangements, and is signed by the judge.
- FM-DivC-600 Motion for Temporary Orders: This motion requests the court to establish temporary arrangements regarding child custody, support, and property use while the divorce is pending.
- FM-DivC-700 Affidavit of Military Status: This affidavit provides information about whether either spouse is currently serving in the military, which can impact the divorce proceedings.
- FM-DivC-800 Child Support Worksheet: This worksheet calculates the appropriate amount of child support based on the income of both parents and the needs of the child.
- FM-DivC-900 Parenting Plan: A parenting plan outlines how parents will share responsibilities and make decisions regarding their children after the divorce.
- FM-DivC-1000 Property Division Worksheet: This document assists in detailing the assets and debts of both spouses, helping to facilitate an equitable division during the divorce.
- FM-DivC-1100 Notice of Hearing: This notice informs both parties of the scheduled court hearing date, ensuring that everyone is aware of when to appear before the judge.
Understanding these documents can greatly assist individuals in preparing for their divorce proceedings. Each form plays a critical role in ensuring that all parties are informed and that the process adheres to legal requirements. Properly completing and filing these forms can lead to a more efficient and less stressful divorce experience.
Similar forms
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is similar to the FM-DivC-101 Answer to Petition for Divorce. Both documents are essential in the divorce process. The Original Petition initiates the divorce proceedings, while the Answer provides the other spouse's response to the petition. This ensures that both parties have an opportunity to present their positions, fostering a fair legal process. Each document serves to establish the terms of the divorce and outline the issues that need resolution.
Another related document is the FM-DivC-102 Counterpetition for Divorce. This form allows a responding spouse to not only answer the Original Petition but also to file their own requests and claims. Similar to the Original Petition, the Counterpetition sets forth the spouse's desires regarding division of property, custody, and support. This document can introduce new issues into the case, making it crucial for both parties to understand the implications of their filings.
The FM-DivC-200 Final Decree of Divorce is also closely linked to the Original Petition. Once the divorce process is underway, this document finalizes the terms agreed upon by both parties or determined by the court. It outlines the division of assets, custody arrangements, and any support obligations. The Final Decree serves as the official record of the divorce, ensuring that all decisions are legally binding and enforceable.
The FM-DivC-300 Motion for Temporary Orders is another important document in the divorce process. This form is used to request immediate relief or temporary arrangements regarding custody, support, or property during the divorce proceedings. Like the Original Petition, it aims to provide clarity and stability while the divorce is being finalized. It addresses urgent needs that may arise before the final resolution, ensuring that both parties have some level of security during the process.
Lastly, the FM-DivC-400 Request for Disclosure shares similarities with the Original Petition. This document is used to obtain necessary financial information from the other spouse. It is essential for ensuring transparency in the divorce process, particularly concerning asset division and support calculations. By requesting disclosure, each party can make informed decisions and negotiate fairly, which is crucial for a successful resolution.
Dos and Don'ts
When filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, it’s essential to approach the task with care. Here’s a list of things you should and shouldn’t do to ensure your petition is completed correctly.
- Do read the instructions thoroughly before starting the form.
- Do provide accurate and complete information to avoid delays.
- Do double-check all names and dates for accuracy.
- Do sign and date the form where required.
- Do keep a copy of the completed form for your records.
- Don't leave any sections blank; fill in all required fields.
- Don't use legal jargon or complex language; keep it simple.
- Don't forget to include your contact information.
- Don't submit the form without reviewing it first.
Following these guidelines will help ensure your petition is processed smoothly and efficiently.
Misconceptions
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is a critical document for individuals seeking a divorce in Texas. However, several misconceptions surround its use and purpose. Here are four common misconceptions explained:
- This form is only for couples with children. Many believe that the FM-DivC-100 form is exclusively for those with minor children. In reality, it can be used by couples without children as well. The form addresses various aspects of divorce, regardless of whether children are involved.
- Filing this form guarantees a quick divorce. Some individuals think that submitting the FM-DivC-100 form will expedite the divorce process. However, the timeline for divorce varies based on several factors, including court schedules and the complexity of the case. Filing the form is just one step in a longer process.
- Legal representation is not necessary when using this form. While the FM-DivC-100 form is designed to be user-friendly, many people assume they can navigate the divorce process without legal assistance. Consulting with a lawyer can provide valuable guidance and help ensure that all legal requirements are met.
- The form is the same for all types of divorce. Some believe that the FM-DivC-100 form is a one-size-fits-all solution for divorce cases. However, there are different forms and procedures depending on the specifics of the case, such as whether it is contested or uncontested.
Understanding these misconceptions can help individuals approach the divorce process more effectively and with realistic expectations.
Key takeaways
When filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, it's essential to keep a few key points in mind to ensure the process goes smoothly. Here are some takeaways to consider:
- Understand the Purpose: This form is your official request to initiate a divorce proceeding in Texas. It outlines your intentions and the grounds for the divorce.
- Provide Accurate Information: Fill in all required fields with precise details. This includes your name, your spouse's name, and any relevant information regarding children or property.
- Review Local Requirements: Different counties may have specific rules regarding the filing process. Check with your local court for any additional requirements or forms that may be needed.
- Keep Copies: After completing the form and filing it with the court, make sure to keep copies for your records. This will help you track the progress of your case and refer back to important details if needed.
By following these guidelines, you can navigate the divorce process more effectively and ensure that your petition is properly submitted.