Structure
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form serves as a crucial document for individuals seeking to initiate a divorce in Texas. This form is specifically designed for those who do not have children and are not requesting spousal support. It outlines essential information such as the names and addresses of both parties, the grounds for divorce, and any requests for property division. Completing this form accurately is vital, as it sets the stage for the legal proceedings that follow. In addition to the basic details, the form may require information regarding the couple's community property, ensuring a fair division of assets. Understanding the nuances of this form can help streamline the divorce process and minimize potential complications. For individuals navigating this challenging time, familiarity with the FM-DivC-100 can provide clarity and direction as they take the first steps toward finalizing their divorce.
Common mistakes
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Inaccurate Personal Information: One common mistake is providing incorrect personal details. This includes misspelling names, incorrect addresses, or wrong dates of birth. Each piece of information must be accurate, as the court relies on these details for identification and communication.
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Omitting Relevant Information: Another frequent error is failing to include all necessary information about the marriage. This can involve neglecting to mention children, assets, or debts. The court needs a complete picture to make informed decisions regarding custody and property division.
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Improperly Completing Sections: Many individuals struggle with understanding how to properly fill out each section of the form. For instance, they might skip sections that are not applicable to them or misinterpret what is required. Each section serves a purpose, and skipping or misreading them can lead to delays or rejections.
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Not Reviewing the Document: Finally, failing to review the completed form before submission can lead to overlooked errors. A thorough review can catch mistakes that might have been missed during the initial filling process. This step is crucial to ensure the petition is as accurate as possible before it is filed with the court.
Preview - 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 |
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Vehicle Identification No. [VIN]- |
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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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Documents used along the form
When filing for divorce in Texas, it's important to be aware of various forms and documents that may accompany the Original Petition for Divorce. Each document serves a specific purpose and can help streamline the process. Below is a list of common forms that are often used alongside the Texas Law Help FM-DivC-100.
- FM-DivC-101 Citation: This document notifies the other spouse that a divorce has been filed. It provides essential information about the case and the required response time.
- FM-DivC-102 Waiver of Service: If both parties agree on the divorce, this form allows the responding spouse to waive their right to be formally served with the citation.
- FM-DivC-103 Answer: The responding spouse uses this document to formally respond to the Original Petition for Divorce. It outlines their position regarding the divorce and any claims they may have.
- FM-DivC-104 Final Decree of Divorce: This is the final document that officially ends the marriage. It includes details about property division, custody, and support arrangements.
- FM-DivC-105 Temporary Orders: If immediate decisions are needed regarding child custody or support during the divorce process, this form requests temporary orders from the court.
- FM-DivC-106 Affidavit of Indigency: If a spouse cannot afford court fees, this affidavit requests a waiver of those fees based on financial need.
- FM-DivC-107 Child Support Worksheet: This document calculates child support obligations based on the income of both parents and the needs of the child.
- Durable Power of Attorney: This important document allows you to designate a trusted individual to manage your financial and legal decisions in case of incapacitation. For detailed information, visit https://georgiapdf.com.
- FM-DivC-108 Parenting Plan: This outlines how parents will share responsibilities for their children after the divorce, including custody arrangements and visitation schedules.
Understanding these documents can help make the divorce process more manageable. Each form plays a crucial role in ensuring that both parties are informed and that the court has all the necessary information to make fair decisions.
Similar forms
The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is similar to the Petition for Divorce form used in many jurisdictions. This document initiates the divorce process and outlines the reasons for the divorce, as well as requests for child custody, property division, and other relevant matters. Like the FM-DivC-100, this petition must be filed with the court to formally commence legal proceedings. Both documents serve as the foundation for the divorce case and require specific information about the parties involved, including their names, addresses, and the duration of the marriage.
In addition to the previously mentioned documents, navigating the homeschooling journey may also require similar forms and notifications, such as the Homeschool Letter of Intent, which serves as a foundational step for parents intending to provide a home-based education, ensuring compliance with local regulations and clarity in educational planning.
Another comparable document is the Answer to Petition for Divorce. This form is filed by the responding party after receiving the original petition. It allows the respondent to formally address the claims made in the petition, agree or disagree with the requests, and present their own counterclaims. Similar to the FM-DivC-100, this document is essential for ensuring that both parties have an opportunity to present their positions in the divorce proceedings. It serves to maintain fairness in the legal process.
The Final Decree of Divorce is another document closely related to the FM-DivC-100. Once the divorce proceedings have concluded, this decree outlines the final terms agreed upon by both parties or determined by the court. It includes details on child custody, visitation rights, alimony, and property division. Like the Original Petition, the Final Decree is a critical legal document that formalizes the end of the marriage and ensures that all terms are legally enforceable.
The Motion for Temporary Orders is also similar in nature. This document is often filed during the divorce process to request immediate relief on specific issues, such as child support or possession of property. It serves to provide temporary solutions while the divorce is ongoing. The FM-DivC-100 may lead to the need for such motions, as it sets the stage for disputes that may require immediate attention before the final decree is issued.
Lastly, the Child Custody Agreement is another relevant document. While not a petition, this agreement outlines the arrangements for child custody and visitation between the parents. It can be submitted to the court as part of the divorce proceedings. Similar to the FM-DivC-100, this document is essential for addressing the welfare of children involved in the divorce. Both documents emphasize the importance of establishing clear terms that prioritize the best interests of the children.
Dos and Don'ts
When filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, it’s important to approach the task carefully. Here are some guidelines to follow:
- Do read the instructions thoroughly before starting.
- Do provide accurate and complete information.
- Do double-check your spelling and grammar.
- Do sign and date the form where required.
- Don't leave any required fields blank.
- Don't use abbreviations unless specified.
- Don't submit the form without making copies for your records.
- Don't hesitate to seek assistance if you have questions about the process.
Following these tips can help ensure that your petition is filled out correctly and submitted without unnecessary delays.
Key takeaways
When filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, keep the following key takeaways in mind:
- Ensure that all personal information is accurate. This includes your name, address, and the names of any children involved.
- Clearly state the grounds for divorce. Texas allows for no-fault divorce, so you can choose "insupportability" if applicable.
- Provide details about property and debts. Include all marital assets and liabilities to avoid future disputes.
- Specify custody arrangements if children are involved. Outline your preferences for legal and physical custody.
- Review the form carefully before submission. Errors or omissions can delay the process.
- File the petition at the appropriate court. Make sure to check which court has jurisdiction over your case.
- Pay the required filing fee. Be aware of any fee waivers if you cannot afford the cost.
- Keep copies of all documents. Retain a copy of the filed petition for your records and future reference.
Completing this form accurately is crucial for a smooth divorce process. Take your time, and do not hesitate to seek assistance if needed.
How to Use Texas Law Help FM-DivC-100 Original Petition for Divorce Set C
Filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form is an important step in the divorce process. Once completed, this form will be submitted to the court to initiate your divorce proceedings. Make sure to gather all necessary information before starting, as this will streamline the process and ensure accuracy.
- Begin with the top of the form. Fill in your name as the Petitioner. This is the person who is filing for divorce.
- Next, provide your address. Include the street address, city, state, and zip code. Ensure that this information is current and accurate.
- Identify your spouse by entering their name in the designated area. This is the Respondent in the case.
- Fill out the Respondent's address, similar to how you provided yours. It is crucial for legal notifications.
- Indicate the date of your marriage. This information is essential for the court’s records.
- State the date of separation. This marks when you and your spouse began living apart.
- In the section regarding children, list the names and birth dates of any children from the marriage. This includes biological and adopted children.
- Provide details about any existing court cases involving the children. This could include custody or support cases.
- Indicate whether you are requesting temporary orders. If so, specify what those orders are regarding.
- Complete the section regarding property. List any community property and indicate how you wish it to be divided.
- Review the form for any errors or omissions. Accuracy is key in legal documents.
- Sign and date the form at the bottom. Your signature confirms that all information provided is true to the best of your knowledge.
After completing the form, you will need to file it with the appropriate court in your jurisdiction. Ensure you have copies for your records and for serving your spouse. Once filed, the next steps will involve serving the divorce papers and potentially attending court hearings.