***These forms are not a substitute for legal advice
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***These forms are not a substitute for legal advice ***These forms are not a substitute for legal advice Document Transcript

  • ***These forms are not a substitute for legal advice.*** ***These forms are not a substitute for legal advice.*** $2.00 By law, no member of the Law Library staff may give any patron legal advice. Accordingly, staff may not interpret legal materials for patrons, advise them as to how the law might apply to their particular situation, or assist them in preparing and filling out legal forms of any kind. Staff can provide patrons legal assistance by directing them to topical print materials, sections, and subject headings that might be helpful in answering a particular question. DIVORCE – WITHOUT CHILDREN This form packet contains these steps to follow: 1. Original Petition for Divorce 2. Collin County Standing Order Regarding Children, Property, & Conduct of the Parties 3. Waiver of Citation 4. Order Setting Hearing Date 5. Certificate of Service 6. Final Decree of Divorce 7. Sample Prove Up ***DO NOT FILE THIS ENTIRE PACKET*** ***FOLLOW ALL INSTRUCTIONS IN ORDER*** Steps to Follow: 1. Prepare the Original Petition for Divorce. If the form provided fits your set of circumstances you may use it as a “fill in the blank.” If these forms do not fit your set of circumstances, you may re-type or re-write the forms, changing them to fit your set of circumstances, using the forms as a format to follow. Mark through what does not apply to your set of circumstances. When preparing these forms, YOU are the “Petitioner” and the other party is the “Respondent.” You will be assigned a case number and judicial district when you file the Petition. It is perfectly all right to hand-write the forms. 2. ***Be sure to attach the Collin County Standing Order Regarding Children, Property and Conduct of the Parties to the Original Petition.*** 3. Make two additional copies of the prepared Petition AND Collin County Standing Order to take with you when you file. 4. File all three copies of the Original Petition in the District Clerk’s office of the county in which you reside. If you reside in Collin County, file it with the District Clerk’s office on the first floor of the courthouse located at 2100 Bloomdale Drive in McKinney. You will be expected to pay a filing fee to the Clerk at this time. DO NOT file this entire packet of papers - ONLY file the copies of the Original Petition for Divorce!!! Do not sign the Waiver of Revised 7/14/2010 1
  • ***These forms are not a substitute for legal advice.*** Citation at this time. It must be signed by the other party and filed after the Original Petition is filed with the Clerk. 5. Give the Waiver of Citation to the other party along with a copy of the Petition that has been stamped “filed” by the District Clerk. The other party should sign the Waiver of Citation in front of a Notary Public. File the signed Waiver in the District Clerk’s office at least 10 days prior to the date of your hearing. You must wait 60 days from the date on which you filed the Original Petition for Divorce before you can have a hearing. After 60 days have passed, you may call the court that you have been assigned to and request a hearing date to “prove up” your divorce. 6. If the other party will not sign the Waiver, then you must have him/her served by a Constable; the District Clerk’s office can arrange this for you. Once the other party has been served, they must then file a written answer with the clerk by 10:00am on the Monday next following the expiration of twenty days after they were served by the Constable. After this time period has elapsed, contact the District Clerk’s office to ask whether the other party has filed a written answer. 7. If a written answer has not been filed by the other party, then you must wait 60 days from the date on which you filed the Original Petition for Divorce before you can have a hearing. After 60 days have passed, you may call the court that you have been assigned to and request a hearing date to “prove up” your divorce. 8. Emergency Waiver. Family Code §6.702 has been amended to eliminate the 60-day waiting period before a divorce can be granted if one of the spouses (1) has been convicted of or received deferred adjudication for an act of family violence against the other spouse or a household member or (2) has obtained an active protective order against the other spouse based on a finding of family violence committed during the marriage. This amendment is effective for dissolution of marriage cases filed on or after June 19, 2009. 9. If a written answer has been filed by the other party, then you must present the District Clerk with the Order Setting Hearing Date form. The Clerk will arrange to get a hearing date set for you. Send a certified copy (a copy stamped by the Clerk) of the Order Setting Hearing Date to the other party via certified mail, return receipt requested. This constitutes giving the other party notice of when the hearing will take place. Complete the Certificate of Service form and attach the completed return receipt to it. File these with the District Clerk. 10. Prepare the Final Decree of Divorce, changing it to fit your set of circumstances. This document is not filed. Instead, you take it with you to court for the judge to sign. Make sure that it reflects the issues that you are concerned with now and in the future. Mark through what does not apply to your set of circumstances. Decrees are court orders; once they are signed by a judge, they require a hearing to be changed. Make sure that the document represents your facts. 11. Make two additional copies of the prepared Final Decree to take with you to the hearing. Revised 7/14/2010 2
  • ***These forms are not a substitute for legal advice.*** 12. On your hearing date, bring all three copies of your prepared Final Decree with you to court. Give these papers to the District Clerk; the Clerk will arrange to take your file up to the courtroom. Once you have given your papers to the Clerk, go to the courtroom to which you have been assigned and wait for the Bailiff to open the room. Check in with the Bailiff to let him/her know that you are there to prove up your divorce. 13. To prove up your divorce, you will state the facts of your petition as shown on the Sample Prove Up sheet. The judge will not help or ask questions. Give the judge the Final Decree of Divorce to sign. If you feel that you will be nervous, you can sit in on a few divorce cases to observe other prove ups before you go before the judge yourself. 14. Register your Final Decree of Divorce with the County Clerk of Records if the divorce has included any transactions of real property. You will register with the clerk of the county in which the real property is located. Revised 7/14/2010 3
  • ***These forms are not a substitute for legal advice.*** Pages 5 – 12 need to be filled out completely for your first step in filing. ***Keep Your Instruction Sheets*** (DO NOT FILE THIS PAGE) Revised 7/14/2010 4
  • ***These forms are not a substitute for legal advice.*** FILL OUT PAPERS FIRST THEN MAKE 2 COPIES! Case No. _______________________ In the Matter of | In the District Court The Marriage of | ________________________ | Collin County, Texas [Petitioner’s name] | And | _______ Judicial District ________________________ | [Respondent’s name] | ORIGINAL PETITION FOR DIVORCE I. Parties This suit is brought by ____________________________ [petitioner’s name], Petitioner, last four digits of Social Security number ______________ [last 4 digits of petitioner’s Social Security no.], driver’s license number ________________ [petitioner’s driver’s license no.], who is ________ [petitioner’s age] years of age and resides at: ______________________________________________________________________________ [petitioner’s address]. _______________________________ [respondent’s name], Respondent, last four digits of Social Security number _________________ [last 4 digits of respondent’s Social Security no.], driver’s license number ________________ [respondent’s driver’s license no.], is ________ [respondent’s age] years of age and resides at: ______________________________________________________________________________ [respondent’s address]. II. Domicile Petitioner has been a domiciliary of this state for the preceding six-month period and a resident of this county for the preceding 90-day period. III. Service Process may be served upon Respondent at: [Select one of the following by placing a check mark.] _____ 1. Respondent’s residence at: ________________________________________________________________________ [respondent’s residence address]. Revised 7/14/2010 5
  • ***These forms are not a substitute for legal advice.*** _____ 2. Respondent’s place of employment at: ________________________________________________________________________ [respondent’s employment address]. _____ 3. No service is necessary at this time due to Waiver of Citation will be signed. _____ 4. Unable to locate respondent, therefore Citation by Publication or Posting is being used. IV. Date of Marriage and Separation [Select one of the following by placing a check mark.] _____ 1. Alternative One: Ceremonial Marriage Petitioner and Respondent were married on or about ____________________ [date], and ceased to live together as husband and wife on or about ______________________ [date]. _____ 2. Alternative Two: Informal Marriage On or about _____________________ [date], Petitioner and Respondent agreed to be married and thereafter lived together in Texas as husband and wife, and there represented to others that they were husband and wife. The agreement and the actions of Petitioner and Respondent constituted an informal marriage. Petitioner and Respondent lived together as husband and wife until on or about _____________________ [date], when they separated. At the time of their separation, Petitioner was _______ [age] years of age and Respondent was ______ [age] years of age. V. Grounds for Divorce The marriage has become insupportable because of discord or conflict of personalities between the Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. VI. Children of the Marriage There are no children born or adopted during this marriage who are under the age of eighteen (18) years and _______________________ [Petitioner OR Respondent] is not now expecting a child. VII. Division of Community Estate Petitioner requests the Court to order a division of the estate of Petitioner and Respondent, having due regard for the rights of each party in a manner that the court deems just and right, as provided by law. Revised 7/14/2010 6
  • ***These forms are not a substitute for legal advice.*** [Select one of the following by placing a check mark.] _____ There is no community property to divide. _____ The parties will reach an agreement as to property and attach it to the final decree of divorce. _____ Parties will reach an agreement as to property and include it in the final decree of divorce. _____VIII. Postdivorce Maintenance [Must have been married ten years or longer] [Circle this paragraph if applicable and are requesting maintenance] Petitioner requests the Court to order that Petitioner be paid postdivorce maintenance for a period of three years in accordance with chapter 8 of the Texas Family Code. _______ [Check, if applicable] Petitioner requests the Court to issue an order for withholding from Respondent’s wages for this maintenance. IX. Protective Order *Every Petition for divorce must include one of the following three alternative statements.* [Select one of the following by placing a check mark.] _____ 1. No protective order under Family Code § 6.504 or Family Code Subtitle B, Title 4 is in effect between or pending with regard to Petitioner and Respondent. _____ 2. An application for a protective order under Family Code § 6.504 or Family Code Subtitle B, Title 4 with regard to Petitioner and Respondent is pending in cause number ____________________ [state case number of suit involving protective order] before the ________________________ [name of court] Court of _____________________ [name of county] County, Texas. A copy of the application for protective order is attached and incorporated by reference for all purposes. _____ 3. A protective order issued under Family code § 6.504 or Family Code Subtitle B, Title 4 is in effect between Petitioner and Respondent in cause number _______________________ [state case number of suit involving protective order] before the _______________________ [name of court] Court of ______________________ [name of county] County, Texas. Revised 7/14/2010 7
  • ***These forms are not a substitute for legal advice.*** [Select one of the following by placing a check mark.] _____ A copy of the protective order is attached and incorporated by reference for all purposes. _____ A copy of the protective order is not available at this time. A copy of the order will be filed with the Court before any hearing. [Select the following section, if applicable, by placing a check mark next to “IX. Name ChangeRequest.” Mark through the section completely if it does not apply.] _____ X. Name Change Request Petitioner requests a change of _______________________ [Petitioner’s OR Respondent’s] name to _________________________________________________ [state first, middle, and last name as it should appear on the decree of divorce]. XI. Prayer Petitioner asks the Court to grant a divorce because 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. Petitioner and their spouse do not get along and do not plan to live together ever again. Petitioner also asks the Court to grant the other orders asked for in this Petition and any other orders Petitioner is entitled to. Respectfully submitted, __________________________________ [Petitioner’s signature] __________________________________ [Typed or printed name] __________________________________ __________________________________ __________________________________ [Address & telephone no.] Revised 7/14/2010 8
  • ***These forms are not a substitute for legal advice.*** COLLIN COUNTY DISTRICT COURTS GENERAL ORDERS COLLIN COUNTY STANDING ORDER REGARDING CHILDREN, PROPERTY AND CONDUCT OF THE PARTIES No party to this lawsuit has requested this order. Rather, this order is a standing order of the Collin County District Courts that applies in every divorce suit and every suit affecting the parent-child relationship filed in Collin County. The District Courts of Collin County have adopted this order because the parties and their children should be protected and their property preserved while the lawsuit is pending before the court. Therefore it is ORDERED: 1. NO DISRUPTION OF CHILDREN. Both parties are ORDERED to refrain from doing the following acts concerning any children who are subjects of this case: 1.1 Removing the children from the State of Texas, acting directly or in concert with others, without the written agreement of both parties or an order of this Court. 1.2 Disrupting or withdrawing the children from the school or day-care facility where the children are presently enrolled, without the written agreement of both parents or an order of this Court. 1.3 Hiding or secreting the children from the other parent or changing the children’s current place of abode, without the written agreement of both parents or an order of this Court. 1.4 Disturbing the peace of the children. 1.5 Making disparaging remarks about each other or the other person’s family members, to include but not be limited to the child’s grandparents, aunts, uncles, or stepparents. 1.6 Discussing with the children, or with any other person in the presence of the children, any litigation related to the children or the other party. 1.7 If this is an original divorce action, allowing anyone with whom the party is romantically involved, to remain over night in the home while in possession of the child. Overnight is defined from 10:00 p.m. until 7:00 a.m. 2. CONDUCT OF THE PARTIES DURING THE CASE. Both parties are ORDERED to refrain from doing the following acts: 2.1 Using vulgar, profane, obscene, or indecent language, or a coarse or offensive manner to communicate with the other party, whether in person, by telephone, or in writing. 2.2 Threatening the other party in person, by telephone, or in writing to take unlawful action against any person. 2.3 Placing one or more telephone calls, at an unreasonable hour, in an offensive or repetitious manner, without a legitimate purpose of communication, or Revised 7/14/2010 9
  • ***These forms are not a substitute for legal advice.*** anonymously. 2.4 Opening or diverting mail addressed to the other party. 3. PRESERVATION OF PROPERTY AND USE OF FUNDS DURING DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts: 3.1 Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties. 3.2 Misrepresenting or refusing to disclose to the other party or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties. 3.3 Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value. 3.4 Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to the other party. 3.5 Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of either party, whether personal property or real estate property, and whether separate or community, except as specifically authorized by this order. 3.6 Incurring any indebtedness, other than legal expense in connection with this suit, except as specifically authorized by this order. 3.7 Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order. 3.8 Spending any sum of cash in either party’s possession or subject to either party’s control for any purpose, except as specifically authorized by this order. 3.9 Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by this order. 3.10 Signing or endorsing the other party’s name or any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to the other party without the personal signature of the other party. 3.11 Taking any action to terminate or limit credit or charge cards in the name of the other party. 3.12 Entering, operating, or exercising control over the motor vehicle in the possession of the other party. 3.13 Discontinuing or altering the withholding for federal income taxes on wages or salary while this suit is pending. 3.14 Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance at the other party’s residence or in any manner attempting to withdraw any deposits for service in connection with such services. 3.15 Intercepting or recording the other party’s electronic communications. Revised 7/14/2010 10
  • ***These forms are not a substitute for legal advice.*** 4. PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts: 4.1 Concealing or destroying any family records, property records, financial records, business records or any records of income, debts, or other obligations. 4.2 Falsifying any writing or record relating to the property of either party. 4.3 “Records” include e-mail or other digital or electronic data, whether stored on a computer hard drive, diskette or other electronic storage device. 5. INSURANCE IN DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following acts: 5.1 Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of either party, except as specifically authorized by this order. 5.2 Changing or in any manner altering the beneficiary designation on any life insurance on the life of either party or the parties’ children. 5.3 Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties’ property of persons including the parties’ minor children. 6. SPECIFIC AUTHORIZATIONS IN DIVORCE CASE. If this is a divorce case, both parties to the marriage are specifically authorized to do the following: 6.1 To engage in acts reasonably and necessary to the conduct of that party’s usual business and occupation. 6.2 To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit. 6.3 To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation and medical care. 6.4 To make withdrawals from accounts in financial institutions only for the purposes authorized by this order. 7. SERVICE AND APPLICATION OF THIS ORDER. 7.1 The Petitioner shall attach a copy of this order to the original petition and to each copy of the petition. At the time the petition is filed, if the Petitioner has failed to attach a copy of this order to the petition and any copy of the petition, the Clerk shall ensure that a copy of this order is attached to the petition and every copy of the petition presented. 7.2 This order is effective upon the filing of the original petition and shall remain in full force and effect as a temporary restraining order for fourteen days after the date of the filing of the original petition. If no party contests this order by presenting evidence at a hearing on or before fourteen days after the date of the filing of the original petition, this order shall continue in full force and effect as a temporary injunction until further order of this court. This entire Revised 7/14/2010 11
  • ***These forms are not a substitute for legal advice.*** Revised 7/14/2010 12
  • ***These forms are not a substitute for legal advice.*** STOP HERE The previous forms are what are needed for the first step in filing. Refer to your Instruction Sheets for the rest of the steps. (DO NOT FILE THIS PAGE) Revised 7/14/2010 13
  • ***These forms are not a substitute for legal advice.*** Case No. _______________________ In the Matter of | In the District Court The Marriage of | ________________________ | Collin County, Texas [Petitioner’s name] | And | _______ Judicial District ________________________ | [Respondent’s name] | WAIVER OF CITATION BEFORE ME, the undersigned authority, on this day personally appeared ___________________________________________ [respondent’s name] who, being by me duly sworn upon ________ [his/her] oath stated: 1. “I _____________________________ [respondent’s name] am the Respondent in the above entitled and numbered cause. My mailing address is: ________________________________________________________________________ 2. “I have been given a copy of the Original Petition for Divorce that has been filed in this cause. 3. “I have read it and understand it. 4. “I hereby enter my appearance in this cause for all purposes and waive the issuance and service of process. 5. “I agree that the petition may be amended and that the cause may be taken up and considered by the Court without further notice to me. 6. “I further waive the making of a record of testimony in this cause. 7. “I agree that this case may be considered and adjudicated by the Referee or Master assigned to this Court or to this case by the Court, or by the Court. 8. “I hereby agree and consent to the entry of a decree in this case.” SIGNED on _________________________ [date]. ______________________________ [Respondent’s signature] ______________________________ [Typed or printed name] Revised 7/14/2010 14
  • ***These forms are not a substitute for legal advice.*** THE STATE OF TEXAS COUNTY OF COLLIN Signed under oath on _________________________ [date], before me, the undersigned authority, personally appeared ____________________________________ [respondent’s name], personally known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed it for the purposes and consideration expressed therein. _______________________________ [Notary Public’s signature] _______________________________ [Typed or printed name] Notary Public in and for the State of Texas My commission expires: ______________ Revised 7/14/2010 15
  • ***These forms are not a substitute for legal advice.*** This page intentionally left blank. (DO NOT FILE THIS PAGE) Revised 7/14/2010 16
  • ***These forms are not a substitute for legal advice.*** Case No. _______________________ In the Matter of | In the District Court The Marriage of | ________________________ | Collin County, Texas [Petitioner’s name] | And | _______ Judicial District ________________________ | [Respondent’s name] | ORDER SETTING HEARING DATE IT IS ORDERED that the hearing on the Petition be set for ________ o’clock on the _________ day of ______________, 20___ in the courtroom of the ________ Judicial District Court, in the County of Collin in McKinney, Texas. SIGNED this the __________ day of ______________________. ________________________________ JUDGE PRESIDING CERTIFICATE OF SERVICE I certify that a true copy of the above Order Setting Hearing Date has this day been sent by certified mail, return receipt requested to: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ On this __________ day of _______________________. ______________________________ [Signature] ______________________________ [Typed or Printed Name] ______________________________ ______________________________ ______________________________ [Address and Telephone No.] Revised 7/14/2010 17
  • ***These forms are not a substitute for legal advice.*** This page intentionally left blank. (DO NOT FILE THIS PAGE) Revised 7/14/2010 18
  • ***These forms are not a substitute for legal advice.*** Case No. _______________________ In the Matter of | In the District Court The Marriage of | ________________________ | Collin County, Texas [Petitioner’s name] | And | _______ Judicial District ________________________ | [Respondent’s name] | FINAL DECREE OF DIVORCE On _____________________ [date], this case came on for hearing. Appearances _____________________________ [petitioner’s name], Petitioner, who resides at: ______________________________________________________________________[address], last four digits of Social Security number _____________ [last 4 digits of petitioner’s Social Security no.] and driver’s license number ___________________ [petitioner’s driver’s license no.], appeared in person. [Select one of the following by placing a check mark.] _____ 1. _____________________________ [respondent’s name], Respondent, who resides at: ______________________________________________________________________[address], last four digits of Social Security number _____________ [last 4 digits of respondent’s Social Security no.] and driver’s license number ___________________ [respondent’s driver’s license no.], appeared in person. _____ 2. _____________________________ [respondent’s name], Respondent, who resides at: ______________________________________________________________________[address], last four digits of Social Security number _____________ [last 4 digits of respondent’s Social Security no.] and driver’s license number ___________________ [respondent’s driver’s license no.], although duly and properly cited by publication or posting, did not appear and wholly made default. _____ 3. _____________________________ [respondent’s name], Respondent, who resides at: ______________________________________________________________________[address], last four digits of Social Security number _____________ [last 4 digits of respondent’s Social Security no.] and driver’s license number ___________________ [respondent’s driver’s license no.], signed waiver of citation and did not otherwise appear. Revised 7/14/2010 19
  • ***These forms are not a substitute for legal advice.*** Record [Select one of the following by placing a check mark.] The making of a record of testimony was: ______ Waived by the parties with the consent of the Court; or ______Was made by ____________________, the official reporter for the _____ District Court, Collin County, Texas Jurisdiction and Domicile The Court finds that Petitioner’s pleadings are in due form and contain all of the allegations, information, and prerequisites required by law. The Court, after receiving the evidence, finds that it has jurisdiction over this cause of action and the parties and that at least sixty (60) days have elapsed since the date the suit was filed. The Court finds Petitioner has been a domiciliary of this state for at least a six (6) month period preceding the filing of this action and a resident of this county in which this suit is filed for at least a 90-day period preceding the filing of this action. All persons entitled to citation were properly cited. Jury A jury was waived, and all questions of fact and of law were submitted to the court. DIVORCE IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that ___________________________ [petitioner’s name] and ____________________________ [respondent’s name] are divorced and that the marriage between them is dissolved on the grounds of insupportability. Children of the Marriage The Court finds that there are no children born or adopted during this marriage who are under the age of eighteen (18) years and that none are expected. Revised 7/14/2010 20
  • ***These forms are not a substitute for legal advice.*** Spousal Maintenance [if requested in Petition] IT IS ORDERED that Respondent pay to Petitioner postdivorce maintenance in the amount of $____________ per month for a period of three years in accordance with chapter 8 of the Texas Family Code. Withholding From Earnings for Spousal Maintenance IT IS ORDERED that any employer of ________________________________________ [Respondent/obligor’s name] shall be ordered to withhold from earnings for spousal maintenance from the disposable earnings of _____________________________________ [obligor’s name] for the support of _______________________________________________________________________________ [name of spouse]. “Earnings” means paid or payable to _____________________________________________ [obligor’s name] for personal services, whether called wages, salary, commission, bonus, or otherwise, and includes period payments pursuant to a pension, disability and retirement program, and unemployment benefits. “Disposable earnings” is that part of the earnings of _______________________________________ [obligor’s name] remaining after deduction of any amounts required by law to be withheld, union dues, nondiscretionary retirement contributions, and medical, hospitalization, and disability insurance coverage for _______________________________________ [obligor’s name] and ___________ [his/her] child(ren). Depending on the regularly scheduled wage and salary payments established by the employer, the employer shall be ordered to withhold from earnings for spousal maintenance on the schedule appropriate to the employer's payroll period, as follows: $__________ monthly; $__________ twice-monthly; $__________ every other week; or $__________ weekly, provided that the amount of income withheld for any pay period shall not exceed 50 percent of the disposable earnings of ______________________________________ [obligor’s name]. The first payment is due and payable no later than the first pay period that occurs 14 days following the date on which the “Order Withholding from Earnings for Spousal Maintenance” is served upon the employer. The employer shall continue to withhold income as long as ______________________________________ [obligor’s name], remains in employment. IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of ______________________________________ [obligor’s name] by the employer and paid in accordance with the order to that employer shall constitute a credit against the spousal maintenance obligation. Payment of the full amount of spousal maintenance ordered paid by this decree through the means of withholding from earnings shall discharge the spousal maintenance obligation. If the amount withheld from earnings and credited against the spousal maintenance obligation is less than 100 percent of the amount ordered to be paid by this order, the balance due remains an obligation of ______________________________________ [obligor’s name] and it is hereby ORDERED Revised 7/14/2010 21
  • ***These forms are not a substitute for legal advice.*** that ______________________________________ [obligor’s name] pay the balance due directly to Petitioner. IT IS ORDERED that _______________________________ [obligor’s name] shall notify this Court and _____________________________ [obligee’s name] by US certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven (7) days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of ________________________________ [obligor's name] and the name and address of his current employer, whenever that information becomes available. Notice of Address Change Each party is HEREBY ORDERED, ADJUDGED, AND DECREED to keep the other party fully and promptly informed of his or her current address, home telephone number, name of employer, place of employment, and work telephone number and of the address of the child(ren)'s school or day-care center. Each party who intends a change of place of residence is ORDERED, ADJUDGED, AND DECREED to give written notice of the intended date of change and the new address of residence to the other party on or before 30 days before the change of residence, or, if the party did not know and could not have known of the change before the 30-day period, on the first day the party knew or should have known of the change. Division of the Marital Estate [Select one of the following three options by placing a check mark. Mark through that which does not apply.] _____ There is no community property to divide. _____ The parties have reached an agreement as to property and this agreement is attached to this final decree of divorce as Exhibit _______ [exhibit number or letter]. _____ The Court finds that the following is a just and right division of the parties’ marital estate, having due regard for the rights of each party. IT IS ORDERED AND DECREED that ___________________________________ [name] appear at ________________________________________________________________ [location] and at that place and occasion, deliver the following property and execute, having acknowledged, and deliver to ___________________________________ [name] the following instruments: [List and describe property to be exchanged and delivered, including full address and legal description, and list the documents to be signed.] Revised 7/14/2010 22
  • ***These forms are not a substitute for legal advice.*** ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _____ Name Change for Petitioner or Respondent The Court finds that _____________________’s [Petitioner OR Respondent] name prior to her marriage to ________________________ [Petitioner OR Respondent] was ______________________________________________________________________ [name], and that the same should be restored to her. IT IS ORDERED AND DECREED that ______________________’s [Petitioner OR Respondent] name is changed to: _______________________________________________________________________ [name]. Clarifying Orders Without affecting the finality of this Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree. Relief Not Granted IT IS ORDERED AND DECREED that all relief requested in this cause and not expressly granted is hereby denied. Date of Judgment SIGNED on ____________________________ [date]. _______________________________ JUDGE PRESIDING Revised 7/14/2010 23
  • ***These forms are not a substitute for legal advice.*** SAMPLE PROVE UP – DIVORCE WITHOUT CHILDREN Good morning, Your Honor. My name is _______________________________ [your name]. I am here to prove up a Final Decree of Divorce. I am presently married to _________________________________________ [name of spouse]. I have been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding 90-day period, prior to the time this suit was filed. I was married to __________________________________________ [name of spouse] on _____________________________ [date of marriage]. We ceased to live together as husband and wife on or about ________________________ [date]. My marriage to _______________________________ [name of spouse] has become insupportable because of a discord or conflict of personalities that destroys the legitimate ends of the marriage relationship. There is no reasonable expectation of reconciliation. There were no children born during the period of this marriage that are currently under the age of 18. There were no children adopted during the period of this marriage that are currently under the age of 18. I am not/My wife is not now expecting a child. My _________________ [husband OR wife] and I have entered into an agreement concerning the division of our property and debts. We believe that this agreement is fair and equitable to both myself and my ____________________ [husband OR wife]. I ask the Court to grant me a divorce and approve all of the agreements my ______________________ [husband OR wife] and I have entered into. That is all I have, Your Honor. Revised 7/14/2010 24