These forms are not a substitute for legal advice
48 Pages
English
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These forms are not a substitute for legal advice

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

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***These forms are not a substitute for legal advice.*** ***These forms are not a substitute for legal advice.*** $4.00 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 – JOINT CUSTODY ***DO NOT FILE THIS ENTIRE PACKET*** ***FOLLOW ALL INSTRUCTIONS IN ORDER*** Steps to Follow: 1. Fill out the Original Petition for Divorce (p. 5-9). • 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.10-13) with the Original ...

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***These forms are not a substitute for legal advice.***
***These forms are not a substitute for legal advice.*** $4.00 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 – JOINT CUSTODY  ***DO NOT FILE THIS ENTIRE PACKET*** ***FOLLOW ALL INSTRUCTIONS IN ORDER***  Steps to Follow:  1. Fill out theOriginal Petition for Divorce(p. 5-9).     it as a “fill in the blank.”If the form provided fits your circumstances you may use I t is perfectly all right to hand-write the forms.   fit your circumstances, you may re-type or re-write the forms,If these forms do not 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.”  be assigned a case number and judicial district when you file the Petition.You will    2. ***Be sure to include the CollinCounty Standing Order Regarding Children, Property and Conduct of the Parties(p.10-13) 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.   District Clerk’s office on the first floor ofIf you reside in Collin County, file it with the 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.5-13). Then proceed to step 5.  Do not sign the Waiver of Citation (p.15-16) 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. 15-16) to the other party along with a copy of the Petition that has been stamped “filed” by the District Clerk . 
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 The other party should sign the Waiver of Citation in front of a Notary Public.  not sign the Waiver, go to Step 8.If the other party will  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.   Once the other party has been served, they have until 10:00am on the Monday next 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.    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. 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.18). The Clerk will arrange to get a hearing date set for you.   Send a file-marked copy (a copy stamped by the Clerk) of the Order Setting Hearing Date to the other party (or their attorney if they have one) via certified mail, return receipt requested.  Complete theCertificate of Serviceform(p.18)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.20-46) completely,changing it to fit your circumstances.    The judge will not fill outThis is the paper the judge signs, granting your divorce. anything for you.  legally binding document that says who keeps what property,The Divorce Decree is a who pays what debts, who has what rights regarding children, including where those children live and who pays for their support.Decrees are court orders; once they are signed by a judge, they require a hearing to be changed.  You can find child support guidelines at the Texas Attorney General’s website:              https://www.oag.state.tx.us/
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 When preparing the child support portion(p.36-42), the personpayingthe child support is the “Obligor” and the personreceivingthe child support is the “Obligee.”  The section on Possession and Access to Children(p.26-35)contains a “standard possession order.” You may change this to fti your circumstances. You may add pages if needed, but you will need to label the additional pages and note the addition (for example: “see Exhibit A”).  If a section does not apply to you, cross it out.  Take this document with you to court on your hearing date.  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.48).of your case; you will read this atThis is a summary 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.    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.  15. To finalize your divorceyou 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.  16.  If Child Support is ordered in your Final Decree, completely fill out and return the Child Support Account Set Up Form to the Collin County Child Support office at 2100 Bloomdale Drive in McKinney. Child Support cannot begin until the account is set up.               
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     Pages 5 – 13 need to be filled out completely for your first step in filing.  Keep Your Instruction Sheets  DO NOT FILE THIS PAGE
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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] Judicial District| _______  And | __________________________ |      [Respondent’s name]|  And in the Interest of |  _____________________ | _____  ____ | ______________________  Minor Child(ren) |  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 ], espondent, last four digits name R ocial Securi y _________________ [last 4 digits of respondent’s Social Security of S t number 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 ]  
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1. Respondent’s residence at: _____  ________________________________________________________________________ [respondent’s residence address]. _____ 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.  _____ able to locate respondent, therefore Citation by Publication or g is 4. Un Postin being used.   IV. Date of Marriage and Separation  [the following by placing a check mark.Select one of ]  _____ 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 _____ bout _____________________ [ ], Petitioner and Respondent agreed to be married On or a date and thereafter lived together in Texas as husband and wife, and there represented to others that they were husband and wife.  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   Petitioner and Respondent are parents of the following child(ren) of this marriage who [is/are] not under the jurisdiction of any other court: _______  ______________________________________________________  Name of Child One: __________________________________________________________________  Sex: ____________________________________________________________  Birth Date:  Present Residence: ______________________________________________________  Last Four Digits of Social Securi y ______________________________ t Number: ________________________________________________  Driver’s License Number:   Name of Child Two: ______________________________________________________ __________________________________________________________________  Sex:
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 Birth Date: ____________________________________________________________ ______________________________________________________  Present Residence:  Last Four Digits of Social Security Number: ______________________________ ________________________________________________  Driver’s License Number:   If a written agreement to the contrary is not reached by Petitioner and Respondent, it is in the best interests of the child(ren) that Petitioner and Respondent be appointed Joint Managing Conservators of the child(ren).   Petitioner, on final hearing should be appointed Managing Conservator of the child(ren), with all rights, privileges, duties, and powers of a parent or managing conservator, and Respondent should be ordered to make payments for the support of the child(ren) in the manner specified by the Court. Petitioner requests that such payments for the support of the child(ren) survive the death of Respondent and become the obligation of Respondent’s estate.  [Select the following, if applicable, by placing a check mark.]  _____ The child(ren), the subject of this suit, ______ [is/are] fully enrolled in an accredited secondary school in a program leading toward a high school diploma. The Court is requested to order that payments for the support of ________ [this/these] child(ren) be continued until the end of the school year in which the child(ren) graduate(s).  VII. Health Insurance Information  The following information is provided in accordance with § 154.181 of the Texas Family Code.  [the following by placing a check mark.Select one of Mark through that which does not apply.]  _____ 1. Private health insurance is in effect for the child(ren).  Name of insurance company: _________ _______________________ ________________  Policy number: ______________________________________________________  Party responsible for premium: ________________________________ _ _________  Monthly cost of premium: ___________________________ _______________  The insurance coverage __________ [is/is not] provided through a parent’s employment.  _____ 2.insurance is not in effect for the child(ren). Private health  The child(ren) _________ [are/are not] receiving Medicaid benefits under chapter 32, Human Resources Code.  The child(ren) _______ [are/are not] receiving health benefits coverage under the Children’s Health Insurance Program under chapter 62 of the Texas Health and Safety Code. [Select the following, if applicable by placing a check mark.]  _____ The cost of the premium is $____________ [amount].  
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  The mother of the children, __________________________________ [mother’s name], ________________ [h s not have] access to private health insurance at reasonable  as/doe cost to her.  The father of the children, __________________________________ [father’s name], ________________ [has/does not have] access to private healt h insurance at reasonable cost to him.  VIII. Division of the 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.  [the following by placing a check mark.Select one of ]   __ 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.   IX. Postdivorce Maintenance _____ [Must have been married ten years or longer]  [Circle this paragraph if applicable and are requesting maintenance]  requests the Court to order that Petitioner be paid postdivorce maintenance forPetitioner 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.  X. 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.]
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_____ . No p otective order under Family Code § 6.504 or Family Code Subtitle B, Title 4 is 1 r 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. [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.  [the following section, if applicable, by placing a check mark next to “IX. Name ChangeSelect Request.” Mark through the section completely if it does not apply.]   XI. 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].  XII. 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.]  
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 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
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repetitious manner, without a legitimate purpose of communication, or 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.
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