These forms are not a substitute for legal advice
24 Pages
English
Downloading requires you to have access to the YouScribe library
Learn all about the services we offer

These forms are not a substitute for legal advice

-

Downloading requires you to have access to the YouScribe library
Learn all about the services we offer
24 Pages
English

Description

***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 ***DO NOT FILE THIS ENTIRE PACKET*** ***FOLLOW ALL INSTRUCTIONS *** Steps to Follow: 1. Fill out the Original Petition for Divorce (p. 5-8). • If the form provided fits your circumstances you may use it as a “fill in the blank.” It is perfectly all right to hand-write the forms. • If these forms do not fit your circumstances, you may re-type or re-write the forms, changing them to fit your circumstances, using the forms as a format to follow. Mark through what does not apply to your 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. 2. ***Be sure to include the Collin County Standing Order Regarding Children, Property and Conduct of the Parties (p.9-12) with the Original Petition.*** ...

Subjects

Informations

Published by
Reads 35
Language English

Exrait

***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  ***DO NOT FILE THIS ENTIRE PACKET*** ***FOLLOW ALL INSTRUCTIONS ***  Steps to Follow:  1. Fill out theOriginal Petition for Divorce(p. 5-8).    circumstances you may use it as a “fill in the blank.”If the form provided fits your I t is   perfectly all right to hand-write the forms.   If these forms do not fit your circumstances, you may re-type or re-write the forms, changing them to fit your circumstances, using the forms as a format to follow. Mark through what does not apply to your circumstances.  YOU are the “Petitioner” and the other party is theWhen preparing these forms, “Respondent.” case number and judicial district when you file the Petition.You will be assigned a     2. ***Be sure to include the CollinCounty Standing Order Regarding Children, Property and Conduct of the Parties(p.9-12) with the Original Petition.***  3. Make two additional copies of the completed Petition AND Collin County Standing Order.  4. File all three copies of the Original Petitionin 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 NOTfile this entire packet of papers -ONLYthe copies of the Original Petitionfile with attached Standing Order (p.5-12). Then proceed to step 5.  Do not sign the Waiver of Citation(p.14-15)at this time.It must be signed by the other party and filedafterOriginal Petition is filed with the Clerk.the  5. Give theWaiver of Citation(p. 14-15) to the other party along with a copy of the Petition that has been stamped “filed” by the District Clerk . 
\\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc Revised 12/06/2010  1
***These forms are not a substitute for legal advice. ***
 of Citation in front of a Notary Public.The other party should sign the Waiver  If the other party will not sign the Waiver, go to Step 8.  6. File the signed Waiver of Citation with the District Clerk.  7. Wait 60 days from the date on which you filed the Original Petition for Divorce.  After 60 days have passed, you may call the court that you have been assigned to and request a hearing date to “prove up” (or finalize) your divorce.Go to step 11 for instructions on finalizing the divorce.  8. 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.   been served, they have until 10:00am on the Monday nextOnce the other party has following the expiration of twenty days to file a written answer with the clerk.  After this time period has elapsed, contact the District Clerk’s office to ask whether the other party has filed a written answer.  9. 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 to have a hearing.    court that you have been assigned to andAfter 60 days have passed, you may call the request a hearing date to “prove up” your divorce. Go to step 11.    10. 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(p.17) Clerk will arrange to get a hearing. The date set for you.   stamped by the Clerk) of the Order Setting Hearing DateSend a file-marked copy (a copy to the other party (or their attorney if they have one) via certified mail, return receipt requested.  Complete theCertificate of Serviceform(p.17)and attach the completed return receipt to it. File these with the District Clerk.  Go to step 11.  11. Fill out theFinal Decree of Divorce(p.19-23) completely,changing it to fit your circumstances.    This is the paper the judge signs, granting your divorce. The judge will not fill out anything for you.  If a section does not apply to you, cross it out.  Clerk. Instead, take it with you to court onDo not file this document with the District your hearing date.  The Divorce Decree is a legally binding document that says who keeps what property and who pays what debts.Decrees are court orders; once they are signed by a judge, they require a hearing to be changed.    
\\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc Revised 12/06/2010  2
***These forms are not a substitute for legal advice.***
12. Make two additional copies of the completed Final Decree to take with you to the hearing.  13. Fill out the Sample Prove Up (p.24).This is a summary of your case; you will read this at the hearing when you go before the judge. You do not need to make copies of this page.  14. 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.  Clerk, go to the courtroom to which you haveOnce you have given your papers to the 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.  15. To finalize your divorce, you will read the facts of your petition as shown on the Sample Prove Up sheet (p.24).  Give the judge the Final Decree of Divorce to sign.  If you feel that you will be nervous, you can – prior to the date of your own hearing -- sit in on divorce cases to observe other prove ups.                       
\\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc  3
 
 
 
Revised 12/06/2010
***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)  
\\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc  4
 
 
 
 
Revised 12/06/2010
***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].  _______________________________ [respo ], Respondent, last four digits ndent’s name 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:  [the following by placing a check mark.Select one of ]  _____ 1. Respondent’s residence at: ________________________________________________________________________  [respondent’s residence address].
\\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc Revised 12/06/2010  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 necessar at this time due to Waiver of Citatio _____ y n 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.]  _____tive One:Ceremo ge 1.Alternanial Marria Petitioner and Respondent were married on or about ____________________ [date], and ceased to live together as husband and wife on or about ______________________ [date].  _____Two: ge Informal M 2.Alternativearria 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 _________ __ [PetitionerORRespondent] 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. \\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc Revised 12/06/2010  6
      
***These forms are not a substitute for legal advice.***
[the following by placing a check mark.Select one of ] _____ ty property to divid  There is no communi e. _____ 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.*  [the following by placing a check mark.Select one of ]   _____ 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 f p tective order under Family Code § 6.504 or Family Code or a ro 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.
\\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc Revised 12/06/2010  7
***These forms are not a substitute for legal advice.***
[the following by placing a check mark.Select one of ] _____ 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’sOR ____ 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.]     
\\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc  8
 
 
 
 
Revised 12/06/2010
 
***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
\\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc Revised 12/06/2010  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.
\\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc Revised 12/06/2010  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
\\Chdata\law library\Family Law\Divorce\Divorce-NoKids.doc Revised 12/06/2010  11