The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is a crucial document for initiating the process of divorce in the state of Texas. It serves as the formal request to the court to dissolve a marriage, outlining the desires of the person filing regarding division of property, custody of children, and other pertinent matters. To start the process of changing your marital status, click the button below to fill out the form.
Going through a divorce can be an emotionally exhausting and complex process, but understanding and filling out the right forms can make it a bit easier to manage. Among these important documents is the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, which serves as a critical first step for anyone looking to initiate a divorce in the state of Texas. This form is designed to officially request a divorce from the court and outlines the basic information about the marriage, the grounds for divorce, and any children or property involved. It's essential that this document is filled out accurately and completely, as it sets the stage for the entire divorce process. The form must be filed in the specific county where either spouse resides, and it also allows for specifying whether there will be a request for spousal support, division of property, or child custody and support. Understanding the nuances of the FM-DivC-100 can guide individuals through the initial phase of legally ending a marriage, highlighting its significance in the broader context of Texas family law.
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: __________________________________________________________________________.
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: ___
___.
I do not have a social security number.
My spouse’s name is: __________________________________________________________________.
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.
FM-DivC-100 Original Petition for Divorce [Set C] (Rev. 09-2017)
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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
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 file-stamped copy of the order to my Final Decree of Divorce.
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?
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:
(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:
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.
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 _________________
in _______________ County, ___________. The cause number is ________________________.
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 _________________________________________.
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 __________________.
The cause number for the protective order is __________________________________________.
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.
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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 ___________________________________________________________________
Street Address
City
Zip
Cars, trucks, motorcycles or other vehicles
Make
Model
Vehicle Identification No. [VIN]-
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
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:
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
Phone
Mailing Address
Fax #
Email Address:
(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: For a referral to a lawyer call your local lawyer referral service
or the State Bar of Texas Lawyer Referral Information Service at 1-800-252-9690.
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 1-888-529-5277 (serves Dallas / Ft. Worth area & Northwest Texas)
Lone Star Legal Aid 1-800-733-8394 (serves Houston area & East Texas)
Texas Rio Grande Legal Aid 1-888-988-9996 (serves Austin / San Antonio area, El Paso area & 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 1-800-799-SAFE (7233) or
Texas Family Violence Legal Line at 1-800-374-HOPE (4673) or
Advocates for Victims of Crime (AVOICE): at 1-888-343-4414.
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Filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is an important step in beginning the legal process for a divorce in Texas. This document officially requests a divorce from the court and outlines the terms you seek. Completing this form accurately is crucial as it sets the stage for how your divorce proceedings might unfold. The process can seem daunting, but with clear guidance, you can navigate it with confidence. Here’s a step-by-step guide to filling out the form.
After submitting your petition, the process of legally ending your marriage begins. You will need to serve the divorce papers to your spouse, giving them a chance to respond. Depending on their reaction, your divorce may proceed uncontested, or you might find yourself negotiating terms through mediation or, ultimately, in court. Remember, each divorce is unique, and the journey can be complex. Seeking guidance from a legal professional can greatly assist in navigating these next steps, ensuring your rights are protected and making this challenging time a bit easier to manage.
What is the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form?
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is a legal document used in the state of Texas to initiate the divorce process when the parties have children together. It's designed to address issues related to the divorce, including child custody, child support, division of property, and more. Filing this petition is the first formal step in the legal process of divorce, signaling to the court your intention to dissolve your marriage and outline your wishes regarding the resolution of key matters.
Who needs to fill out the FM-DivC-100 form?
This form is necessary for any individual seeking a divorce in Texas who has minor children from the marriage. It's specifically designed for situations where legal decisions regarding the children need to be established or agreed upon, such as custody arrangements and child support. If you and your spouse have children together and either of you has decided to file for divorce, the FM-DivC-100 form is the appropriate document to begin the process.
Can I file the FM-DivC-100 form without a lawyer?
Yes, it is possible to file the FM-DivC-100 form without a lawyer. Texas law allows for individuals to represent themselves in court, a process known as "pro se" legal representation. However, due to the complexity of divorce cases, especially those involving children, it may be beneficial to consult with a lawyer. This can help ensure that your rights are protected and that all necessary information is accurately presented to the court. If choosing to proceed without a lawyer, it's crucial to closely follow all instructions provided by Texas Law Help and the court to avoid any delays in the process.
What information do I need to complete the form?
Completing the FM-DivC-100 form requires detailed information about you, your spouse, and your children. This includes full legal names, addresses, dates of birth, and social security numbers. You'll also need to provide information regarding your marriage, such as the date and place of marriage, grounds for divorce, and details about any property or debts to be divided. Additionally, you'll need to specify your desired outcomes concerning child custody, visitation rights, child support, and healthcare for the children. Gathering all this information before beginning the form can help make the process smoother.
Not fully reading the instructions before beginning to fill out the form. This might seem like a no-brainer, but diving right in without understanding the overall requirements can lead to mistakes that could have easily been avoided by taking the time to thoroughly review what is expected.
Filling out the form with incorrect information. Sometimes, in the stress or haste of the situation, people might inaccurately report details about themselves, their spouse, or their marriage. It’s crucial to double-check all entries for accuracy.
Skipping sections that actually apply to their situation. At times, individuals might assume that certain sections don’t apply to them when, in fact, they do. Every part of the form should be reviewed carefully to ensure nothing relevant is overlooked.
Using informal language or nicknames instead of legal names. All information on the form should be as formal and official as possible. This means using the full legal names of all parties involved, exactly as they appear on official documents.
Leaving signature or date fields blank. Everything that requires a signature or a date should be completed. These are often critical for the document’s validity and can hold up proceedings if left incomplete.
Forgetting to check or incorrectly stating their residency qualifications. There are specific residency requirements that must be met for filing for divorce in Texas. Misstating or overlooking these can result in the rejection of the petition.
Failing to adequately describe property, assets, and debts. It’s important to be as detailed as possible when describing property, assets, and debts to ensure a fair division. Vague or incomplete descriptions can lead to disputes or an unfavorable division.
Not specifying the type of divorce. Whether it’s uncontested, contested, or involves complex property issues, specifying the nature of the divorce is critical for the proceedings to be handled correctly.
Omitting information about children or child support arrangements. If children are involved, all relevant information about custody, visitation, and child support should be thoroughly detailed. Leaving this information out can significantly complicate matters.
Following the guidelines and avoiding these common mistakes can help make the process of completing the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form smoother and more efficient, potentially saving time and minimizing legal complications.
Navigating through a divorce in Texas can feel overwhelming, but having the right documents on hand is a crucial step towards making the process as smooth as possible. The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C is often the first step. This key document officially starts the divorce proceedings. However, this form is just a part of a broader set of documents that you may need to complete the process fully. Here’s a list of other forms and documents that are frequently used alongside the FM-DivC-100 form.
Gathering and properly completing these forms can be vital to a smooth divorce process in Texas. While the FM-DivC-100 Original Petition initiates the divorce, the accompanying documents ensure that all aspects of the divorce, from property division to child custody, are comprehensively addressed. Remember that laws and requirements can vary, so consider consulting with a legal professional to ensure you have all the necessary documentation for your specific situation.
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is designed to initiate a legal process, particularly concerning the dissolution of marriage. Similar documents can be found in various legal systems and contexts, each serving a purpose aligned with instigating legal actions or formalizing requests before a court or administrative body. Below are seven documents that share resemblances in function and structure:
Complaint for Divorce (Without Children) - This document is like the Original Petition for Divorce in that it is used to start the divorce proceeding. However, it specifically pertains to marriages without minor or dependent children, focusing on the division of assets, debts, and alimony, similar to aspects addressed in the Texas form.
Original Petition for Custody - Similar to the Original Petition for Divorce, this legal document initiates a case concerning child custody. Though the primary focus is on guardianship rather than the dissolution of marriage, both documents share the goal of establishing legal proceedings in family court.
Probate Petition - Filed to begin the process of estate administration after someone's death, the probate petition shares its foundational function with the divorce petition. Each serves to officially start a legal process concerning personal and familial relationships, though their contexts differ significantly.
Name Change Petition - This petition initiates the formal legal process for an individual to change their name. While its focus is distinct from that of the divorce petition, the structural goal of officially requesting legal approval from a court binds these documents together.
Personal Protection Order (PPO) Request - Filed to seek protection from harassment, stalking, or abuse, a PPO request is similar in its objective to secure a legal remedy. Like a petition for divorce, it is a plea to the court for a change in legal status regarding personal safety and well-being.
Application for Temporary Restraining Order - Often accompanying divorce filings, this document requests immediate legal intervention to prevent potential harm. Its similarity lies in the immediate protective action it seeks through the legal system, akin to the initial step a divorce petition takes in altering marital status.
Complaint to Establish Paternity - Used to initiate legal proceedings to determine a child's paternity, this document, while focused on parentage, parallels the divorce petition in its function of starting a family-related case in court. Both seek to define or redefine family relationships through legal means.
When completing the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, it is crucial to adhere to a set of dos and don'ts to ensure the process is conducted smoothly and effectively. Here are five each of what you should and shouldn't do:
What You Should Do
What You Shouldn't Do
When considering the process of filing for divorce in Texas, individuals often turn to resources like the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form. However, this process is surrounded by misconceptions that can lead to confusion and misunderstandings. It is essential to clarify these misconceptions to navigate the divorce process more effectively.
This is a common misconception. While filling out the FM-DivC-100 form is a critical step, it's just the beginning. The form needs to be filed with the appropriate Texas court, and in most cases, a filing fee is required. Additionally, the spouse must be served with the divorce papers, and there may be other documents that need to be filed, depending on the case specifics.
Although Texas Law Help provides resources to assist individuals in representing themselves, divorce can involve complex legal issues, especially with matters like child custody, property division, and spousal support. Seeking legal advice can help protect your interests and ensure you understand the legal implications of your decisions.
This is not necessarily true. You can file the FM-DivC-100 form even if you and your spouse have not reached an agreement on all issues. The divorce process includes opportunities for negotiating these matters, and the court can make determinations if necessary. However, divorces where agreements are in place beforehand may proceed more smoothly and quickly.
The FM-DivC-100 form is designed for specific situations and might not cover all types of divorces, especially those involving complex assets or international issues. It is tailored to simpler situations. For more complex cases, additional forms and steps will likely be required. It's crucial to research or consult a professional to ensure you're following the correct process for your circumstances.
Understanding these misconceptions can prevent unnecessary complications and delays in the divorce process. It is always advisable to thoroughly research and, if possible, seek professional advice to navigate the legal system effectively.
Filing for divorce can be a complex process in Texas, but understanding the essentials of using the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form can simplify the beginning steps. This form is designed for certain divorce situations and knowing how to fill it out and use it effectively is crucial for a smooth process. Here are key takeaways to remember:
By carefully preparing and understanding each step outlined in the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, individuals can navigate the initial phase of their divorce with greater confidence and clarity. Always consider consulting with a legal professional for personalized advice and assistance tailored to your unique situation.
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