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Texas Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Texas. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Texas, certain forms may or may not be required by the Texas courts.
Original Petition for Divorce
The Original Petition for Divorce states the facts of the marriage and it tells the court what the Petitioner wants. It may incorporate a Marital Settlement Agreement dealing the division and distribution of property, or it may ask the court to divide the assets and debts of the couple. It may request spousal maintenance.
In other jurisdictions, the Citation is called the Summons. In Texas, there are two versions: one, when the Respondent lives in the county where the action is filed; and the other, when the Respondent lives outside the county where the action is filed. Either give the Respondent 20 days to file an Answer or face a Default Judgment against him or her.
Waiver of Citation
The Waiver, which is signed by the Respondent in the presence of a Notary Public, is a sworn document, by which he or she states that the Petition has been received and accepted. This statement means that the action can proceed as an Uncontested Divorce.
Information Re Minors Required under 152.209, Texas Family Code
This form, which is filed by the Petitioner, identifies children, their addresses and places of residence for the last five years as well as the names and addresses of people they have lived with in that period of time. The form authenticates whether or not the Petitioner knows of any custody proceedings that would have an impact on the present action, whether or not he or she knows of anyone who has physical custody of the child(ren) or claims of "legal custody or physical custody." The 152.209 is not required when both parents reside in Texas.
Information for Service of Process
This one-page form tells the person who is serving process the name and address of the Respondent and give a description of the party.
Final Decree of Divorce
The Final Decree of Divorce spells out the terms and conditions of the divorce, and it may incorporate the separation agreement of the spouses.
The follow exhibits are normally attached to the divorce decree:
> Property Owned by Children form lists property and the value of property owned by the minor children in addition to their personal effects.
> Conservatorship form spells out the terms and conditions of child custody, defines the rights and duties of each parent.
> Standard Possession Order spells out the terms and conditions of visitation, stipulates when each parent shall have possession of each child.
> Possession Order for Children Under Three Years deals with the terms and conditions of visitation of very young children.
> Child Support Order stipulates the withholding of child support paid by the noncustodial parent to the custodial parent.
> Health Insurance Order for Children stipulates the terms and conditions for the continued medical and hospital insurance for the children.
> Information Required by Texas Family Code 105.006 form lists the names, Social Security and driver's license numbers, residence and mailing address, employer of the Petitioner, Respondent and children.
> Orders Re Property and Debts form identifies the separate property of the Petitioner and the Respondent, divides the community property of the divorcing spouses. (This form is used when the Petitioner listed separate or community property on the Petition and it is not divided in the Marital Settlement Agreement.)
This form provides vital information about changes in family relationships emanating from divorce and annulments. This information is for the Bureau of Vital Statistics.
Order/Notice to Withhold Income for Child Support
Order/Notice to Withhold Income for Child Support is issued when child support is ordered. This is an order and notice to the employer of the Obligor, who is usually the noncustodial parent, to deduct income for payment of child support to the custodial parent. This is a Court Order.
Employer's Order to Withhold Earning for Spousal Maintenance
Employer's Order to Withhold Earning for Spousal Maintenance is completed and issued to the employer of the payor spouse when maintenance is ordered but without child support. It is a court order.
equest to Issue Withholding Order
Request to Issue Withholding Order is used when the payor spouse changes jobs and effectively reinstates withholding orders that were originally in place. This form is issued by the District Clerk.
Military Affidavit is used when the respondent may enjoy protections of the Servicemembers' Civil Relief Act (SCRA). It attests to the fact that the Petitioner believes that the Respondent is or is not in the military on active duty or whether he or she has been unable to make a determination of the military status of the Respondent.
Financial Information and Proposed Support Decision
The Financial Information and Proposed Support Decision form discloses the income and debts of both the Petitioner and the Respondent and is used in connection with support calculations and awards.
Affidavit of Inability to Pay
Affidavit of Inability to Pay is used when the Petitioner seeks relief from the court costs associated with the divorce because of indigence.
Power of Attorney to Transfer Motor Vehicle
Power of Attorney to Transfer Motor Vehicle is used to effect the transfer of automobiles in conjunction with divorce settlements.
Special Warranty Deed (to Transfer Real Property)
Special Warranty Deed (to Transfer Real Property) is used to effect the transfer of real property in conjunction with divorce settlements.
Texas divides marital property as community property. This means any property owned by either spouse during the marriage is community property between the spouses. The court also divides marital debt at this time and ownership is recognized the same way. However, property that is owned by either spouse before the marriage is considered separate property. In a case involving children, the Texas divorce court often divides the property unequally. An equal division of the community property is not required by the Texas divorce laws, were as some other community property states adhere more to the 50-50 split rule.
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