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Going through a divorce can be a complex and emotional process, and having the right paperwork is essential for navigating it effectively. The Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form serves as a vital document for initiating a divorce in Texas. It provides the basis for the divorce proceedings and allows individuals to outline key information pertaining to their marriage, including details about the marriage itself, children involved, and specific requests regarding property division and custody arrangements. This form, which is designed to be straightforward and accessible, helps ensure that all necessary information is included for the court’s consideration. By completing this form accurately, individuals can help facilitate a smoother legal process. Understanding its sections and requirements can make a significant difference in how one's case is presented. Additionally, correctly filling out the form can contribute to reducing delays and misunderstandings during the proceedings. Overall, the FM-DivC-100 form is an important tool for anyone looking to initiate a divorce in Texas, providing clear guidelines on what to include and how to proceed.
Texas Law Help FM-DivC-100 Original Petition for Divorce Set C Example
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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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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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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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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File Breakdown
| Fact Name | Details |
|---|---|
| Purpose of the Form | The FM-DivC-100 Original Petition for Divorce Set C initiates the divorce process in Texas courts. |
| Governing Law | This form is governed by Title 1, Chapter 6 of the Texas Family Code. |
| Filing Location | Petitioners must file the form at the district court in the county where either spouse resides. |
| Mandatory Information | The form requires personal information about both spouses, including names, addresses, and dates of marriage. |
| Service of Process | After filing, the petitioner is responsible for serving the other spouse with the divorce petition. |
| Response Time | The receiving spouse typically has 20 days from the date they are served to respond. |
| Additional Documents | More forms may be required, such as financial disclosures and parenting plans, depending on the case specifics. |
| Fee Waiver | Low-income individuals may apply for a fee waiver for court costs, following specific procedures outlined by the court. |
Guide to Using Texas Law Help FM-DivC-100 Original Petition for Divorce Set C
After you have gathered all necessary information regarding your situation, you are ready to proceed with filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form. Ensuring accuracy throughout this process is crucial, as it helps to facilitate a smoother experience moving forward.
- Begin by accurately entering your full name in the designated section at the top of the form.
- Next, provide your spouse’s full name in the corresponding space below your name.
- Indicate the county where you reside. This should be the county where you have lived for at least the last six months.
- Fill in the date of your marriage, ensuring that it reflects the exact date.
- If applicable, specify the date of separation. This is important for establishing timelines in your case.
- List any children that you and your spouse have together. Include their full names and birthdates.
- In the section concerning your residence, provide your complete address, including the city and zip code.
- State your reason for seeking a divorce. Choose a succinct and appropriate statement that reflects your situation.
- Review the section regarding property and debt. Clearly outline what you and your spouse own and any debts incurred during the marriage.
- If you are requesting a name change, specify your desired new name in the space provided.
- Lastly, sign and date the document at the end to certify your submission. Be sure to include your printed name beneath the signature.
Once the form is completed, review all the information for clarity and accuracy. Afterward, it is essential to file the petition with the appropriate court and serve your spouse with the necessary paperwork. This will be followed by additional steps, which may include court hearings and finalizing agreements.
Get Answers on Texas Law Help FM-DivC-100 Original Petition for Divorce Set C
What is the FM-DivC-100 Original Petition for Divorce Set C form?
The FM-DivC-100 form is a legal document used in Texas to initiate a divorce proceeding. This specific form is tailored for certain situations, typically when there are no children involved in the divorce. It lays out important information about the marriage and requests the court to grant a divorce.
Who should use the FM-DivC-100 form?
This form is intended for individuals who are filing for divorce in Texas where there are no minor children from the marriage. If you share children with your spouse, a different form would be appropriate. Always ensure you select the correct form based on your unique situation.
What information do I need to provide in the FM-DivC-100 form?
The form requires various details about you and your spouse, including:
- Your full name and address.
- Your spouse's full name and address.
- The date of your marriage and the date of separation.
- A statement of any community property to be divided.
Accurate and complete information is crucial for the processing of your petition.
How do I file the FM-DivC-100 form?
Once you have completed the form, you will need to file it with the district clerk in the county where either you or your spouse resides. Make sure you check for any specific requirements or filing fees associated with your county.
What happens after I file the FM-DivC-100 form?
After filing, the court will set a date for a divorce hearing. You will likely need to serve your spouse with a copy of the petition. This step is essential for ensuring that both parties are informed and can participate in the legal process.
Is it necessary to have a lawyer to file the FM-DivC-100 form?
While it is not legally required to have a lawyer, it is often beneficial. A lawyer can help ensure that the form is filled out correctly and can provide guidance throughout the divorce process. If you're unsure about any part of the process, consulting with a legal professional may help avoid complications.
What are the fees associated with filing the FM-DivC-100 form?
Filing fees vary by county in Texas. Typically, you can expect to pay a fee at the time of filing, which can range from around $250 to $400 or more. If you are unable to afford the fee, you may be eligible to apply for a fee waiver.
Can I make changes to the FM-DivC-100 form after I file it?
Yes, changes can be made, but the process may involve additional steps. If you need to modify any information, it's often advisable to file a supplement or amendment to clarify any changes to the court. Always maintain clear documentation of any alterations made.
Common mistakes
Filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form can be a daunting task, especially for those who are navigating the legal process for the first time. It is important to be thorough and accurate, as mistakes can lead to delays or complications in the divorce proceedings. Here are six common mistakes that individuals often make when completing this essential form.
One prevalent error is failing to provide complete and accurate personal information. When individuals fill out the form, they may overlook essential details such as the correct names, addresses, and other identifying information. Omitting or misspelling a name can cause major problems in court, as all parties must be correctly identified to proceed with the case.
Another mistake involves the misclassification of grounds for divorce. Texas recognizes several grounds for divorce, including insupportability and adultery. Choosing the wrong basis can confuse the court and may lead to additional legal complications. It is crucial to clearly understand the grounds for your divorce and to accurately state them on the form.
Inconsistent financial disclosures represent a significant pitfall as well. Parties are required to provide a complete picture of their financial situation, including income, debts, and property. Failure to disclose all financial information or providing inconsistent figures can result in penalties or adversely affect property division.
Many individuals also forget to review the entire petition before submission. Skimming through the form may lead to overlooked errors or missing signatures, especially on the signature line. It is wise to take a thorough look at the completed form to ensure that everything is correctly filled out and signed appropriately.
Another common mistake is neglecting to include necessary documentation or forms that accompany the Petition for Divorce. Additional documents may range from financial affidavits to proof of address, depending on the specifics of the case. Failing to include these documents can cause unnecessary delays in the process.
Lastly, miscalculating deadlines can create serious issues. Each step in the divorce process has specific timelines that parties must adhere to. Missing a filing deadline could result in having to start the process over or even losing certain rights in the case. Clear understanding and careful planning regarding these deadlines can help avoid this mistake.
By being aware of these common missteps, individuals can approach the Texas Law Help FM-DivC-100 form with greater confidence. Careful attention to detail and thorough preparation can make a significant difference in the divorce process.
Documents used along the form
When initiating a divorce in Texas, various forms and documents accompany the FM-DivC-100 Original Petition for Divorce Set C to ensure a comprehensive filing with the court. Each document serves a specific purpose, addressing different aspects of the divorce process.
- FM-DivC-101 Citation: This document is essential as it notifies the other spouse about the divorce petition. It officially informs them of the legal actions being taken and provides them with necessary details regarding the court proceedings.
- FM-DivC-102 Waiver of Service: In cases where both parties agree on the divorce, this form allows the respondent to waive their right to be formally served with the petition. This streamlines the process and can lead to a quicker resolution.
- FM-DivC-104 Affidavit of Military Status: This form is crucial for determining if either spouse is currently on active military duty. This status can affect the proceedings and the rights of the involved parties, making this declaration vital in divorce cases.
- FM-DivC-103 Respondent's Original Answer: Once served, the respondent has the opportunity to file this answer. It allows them to respond to the claims made in the petition and outline their position regarding the divorce and any contested issues.
Familiarizing oneself with these accompanying documents can facilitate a more efficient divorce process. Understanding their role can also help parties navigate the emotional and legal complexities that arise during this time. Together, these forms ensure that both parties' rights are respected and that the divorce proceeds in an orderly fashion.
Similar forms
- FM-DivC-101 Answer to Divorce Petition: This document is used by the respondent to formally respond to the divorce petition. Similar to the Original Petition for Divorce, it sets forth the parties involved and their positions regarding the divorce. It also addresses issues like custody, support, and property division.
- FM-DivC-110 Final Decree of Divorce: Once the divorce is finalized, this document outlines the court's final orders regarding the dissolution of marriage. Like the Original Petition, it includes important information about parties, their assets, and any arrangements made for children.
- FM-DivC-120 Motion for Temporary Orders: This form is utilized when one party requests the court to establish temporary arrangements, such as child custody or spousal support, while the divorce is pending. It serves a similar purpose of defining roles and responsibilities during the divorce process.
- FM-DivC-130 Notice of Hearing: This document notifies the parties involved and the court about the upcoming hearings related to the divorce. Like the Original Petition, it is crucial for ensuring all parties are informed about significant dates and decisions in the process.
- FM-DivC-140 Waiver of Citation: This form allows one party to waive the formal notification of the divorce proceedings by the other party. It can streamline the process much like the Original Petition, as it may expedite the timeline for reaching a resolution.
Dos and Don'ts
When filling out the Texas Law Help FM-DivC-100 Original Petition for Divorce Set C form, there are important guidelines to consider. Following these can help ensure accuracy and completeness.
- Do read the instructions carefully before starting the form.
- Do ensure that all required information is filled out completely.
- Do double-check for any spelling errors or inaccuracies in names and addresses.
- Do sign and date the form where indicated.
- Don't leave any sections blank unless instructed to do so.
- Don't submit the form without making a copy for your records.
These tips can assist in avoiding common mistakes and aid in completing the divorce petition efficiently.
Misconceptions
When navigating the legal process of divorce in Texas, many people encounter various misconceptions regarding the FM-DivC-100 Original Petition for Divorce Set C form. Here are nine common misunderstandings, along with clarifications to help demystify this essential legal document.
- It can only be used for specific types of divorces. Many believe this form is limited to uncontested divorces. In reality, it can also be used in contested situations, depending on the circumstances.
- You need a lawyer to fill it out. While having legal assistance can be beneficial, individuals can complete the form on their own, especially with available resources and instructions.
- It’s the only document required for a divorce. Some think that submitting this form alone is sufficient. However, additional documents and forms may be necessary to address specific issues like child custody or property division.
- All personal information is kept private. It's a common belief that the information contained will remain confidential. Unfortunately, some details submitted may become part of the public record, so caution is advised when sharing sensitive information.
- Filing this form guarantees a quick divorce. Many people expect immediate results after filing the petition. However, the divorce process can take time, depending on the complexity of the case and the court's schedule.
- You only need to fill it out if you have children. This misconception leads some to believe the form is unnecessary if there are no children involved. However, it's crucial for anyone seeking a divorce, regardless of parental status.
- It must be filed in person. While filing in person at the courthouse is an option, many jurisdictions now allow online filing, offering more convenience for individuals.
- The form is the same for every county in Texas. Some assume that the form does not vary by location. However, specific counties may have unique requirements or instructions, so checking local rules is important.
- Once filed, it cannot be changed. There's a concern that once the petition is submitted, no changes can be made. In fact, amendments can be made if necessary, but they may require additional paperwork and court approval.
Understanding these misconceptions can empower individuals as they navigate the divorce process in Texas. Seeking accurate information is key to making informed decisions during this often-challenging time.
Key takeaways
Filing for divorce in Texas can feel daunting, but understanding the process can make it more manageable. Here are some key takeaways about using the FM-DivC-100 Original Petition for Divorce Set C form.
- The form is designed for individuals seeking a divorce without children or property disputes.
- Ensure that you fill out the form completely and accurately. Incomplete forms can lead to delays.
- Double-check the names, addresses, and any other personal information to avoid mistakes.
- If required, couples must meet residency requirements in Texas for at least six months before filing.
- Consider consulting resources available at Texas Law Help for guidance complementing the form.
- After filling out the form, you must file it with the district clerk's office in your county.
- Keep multiple copies of the completed form. You will need them for future court appearances and other documentation.
- Follow up on your filing to ensure everything is processed correctly and you receive notifications for any court dates.
By staying organized and informed, you can navigate the process with greater confidence.