30601-ProSeDivorceManual

PRO SE

DIVORCE HANDBOOK

“Representing Yourself in Family Court”

Produced As A Public Service By

The Texas Young Lawyers Association

2002-2003

IMPORTANT INFORMATION

– PLEASE READ THIS FIRST –

IN THE EVENT YOU OR ANY MEMBER OF YOUR FAMILY IS THE

VICTIM OF DOMESTIC VIOLENCE, YOU SHOULD IMMEDIATELY CON-

TACT 1 (800) 799-SAFE (1-800-799-7233).

YOU SHOULD ALSO CONTACT A PRIVATE ATTORNEY OR YOUR LOCAL

LEGAL SERVICES (LEGAL AID) PROVIDER BEFORE FILING FOR

DIVORCE. THIS HANDBOOK AND THE PRO SE DIVORCE PROCESS MAY

NOT BE APPROPRIATE FOR A DIVORCE WHERE DOMESTIC VIOLENCE

IS INVOLVED. DOMESTIC VIOLENCE CAN INCLUDE PHYSICAL, MEN-

TAL, EMOTIONAL AND VERBAL ABUSE.

The Texas Family Code (Section 71.004) defines Family Violence as:

(1) An

act by a member of a family or household against another member of the family

or household that is intended to result in physical harm, bodily injury, assault or

sexual assault or that is a threat that reasonably places the member in fear of

imminent physical harm, bodily injury, assault or sexual assault, but does not

include defensive measures to protect oneself; (2) Abuse by a member of a family

or household toward a child of the family or household; or (3) Dating violence (as

defined by Texas Family Code Section 71.0021.)

The Texas Council of Family Violence defines Battering (or Abuse) as: A pat-

tern of coercive control that one person exercises over another. Battering is a

behavior that physically harms, arouses fear, prevents a woman from doing what

she wishes or forces her to behave in ways she does not want. Battering includes the

use of physical and sexual violence, threats and intimidation, emotional abuse and

economic deprivation.

TABLE OF CONTENTS

INTRODUCTION..............................................................................................7

THINGS TO KNOW BEFORE YOU GET STARTED.......................................7

MARITAL PROPERTY .......................................................................................8

Presumption of Community Property...............................................................8

Separate Property ..............................................................................................9

Division of Community Property .....................................................................9

ISSUES CONCERNING CHILDREN................................................................9

Child Custody ..................................................................................................9

Supervised Visitation.......................................................................................10

The Right to Decide Where a Child Will Live................................................10

Standard Possession Order ..............................................................................10

Establishing Child Support.............................................................................11

Employer’s Order to Withhold........................................................................11

Modifying Child Support................................................................................11

GETTING STARTED .......................................................................................11

Filing the Petition ...........................................................................................11

Notifying Your Spouse ...................................................................................12

The Answer.....................................................................................................13

The Waiting Period.........................................................................................13

CONCLUDING DIVORCE PROCEEDINGS..................................................14

Timing Issues..................................................................................................14

Final Decree of Divorce ..................................................................................14

The Day of the Divorce ..................................................................................15

REVIEWING THE UNCONTESTED DIVORCE PROCESS..........................15

HELPFUL TIPS ................................................................................................21

GLOSSARY OF COMMON WORDS USED IN A TEXAS DIVORCE ...........21

HELPFUL PHONE NUMBERS AND OTHER RESOURCES........................25

Directory of District Courts in Texas..............................................................25

Office of the Attorney General........................................................................34

Texas County Websites....................................................................................34

Legal Aid Offices.............................................................................................37

Lawyer Referral Services..................................................................................37

Miscellaneous Resources..................................................................................37

Internet Resources...........................................................................................37

SAMPLE FORMS..............................................................................................39

Appendix A – Sample Original Petition for Divorce .......................................39

Appendix B – Sample Waiver of Service..........................................................47

Appendix C – Sample Final Decree of Divorce...............................................51

Appendix D – Sample Prove Up Script for Uncontested

Divorce With no Children..........................................................................71

PRO SE DIVORCE HANDBOOK

“REPRESENTING YOURSELF IN FAMILY COURT”

The following information is not legal advice and is not a substitute for legal rep-

resentation by an attorney. Be aware that Pro Se litigants must follow the same

rules as those represented by attorneys.

Divorce is more than an emotional event; it is also a legal proceeding. Failing to

protect your rights during a divorce, as with any legal matter, can have serious, long-

term consequences. The most common issues resolved in a divorce include division of

community property (and debt), determination of parental rights, and child support.

This handbook provides a general introduction to representing yourself in a sim-

ple (uncontested) divorce. Although you have the legal right to represent yourself in

any court proceeding, the process can be quite complex and, if at all possible, it is rec-

ommended that you have an attorney represent your interests, especially if domestic

violence, child custody or large amounts of property are involved.

A “

Pro Se” Litigant is a person who appears on his or her own behalf in court,

without a lawyer. Whether you are Pro Se or represented by an attorney, there are spe-

cific rules and deadlines that you will be expected to follow. Some of these rules and

deadlines will be addressed in this handbook. However, should you choose to repre-

sent yourself, you will also need to consult all relevant and current law, including the

current version of the Texas Rules of Civil Procedure, the Texas Civil Practice and

Remedies Code, the Texas Family Code, and the local rules for the county in which

your divorce is pending. You can visit your county law library in your county court-

house, or go online at www

.capitol.state.tx.us to find these resources.

THINGS TO KNOW BEFORE YOU GET STARTED

Always keep in mind that a divorce is a legal proceeding, and that at some point

during a divorce proceeding, you will most likely have to appear in court. Although

courtrooms are very formal places with their own rules for how people are to conduct

themselves, there is no need to be afraid of going to court or addressing the judge. A

few simple rules regarding manners should get you through your experience:

1. Always Dress Nicely.

There is no need to purchase new clothes to appear in court. However, everything

you wear should be clean and well ironed.

Men should wear pants and a shirt with a collar. If you have them available, a suit,

jacket or tie always look good.

Women should wear a dress, skirt or pants that are not too tight, too short or low

cut.

Never wear shorts, t-shirts, sandals, sunglasses, a hat or excessive make-up or jew-

elry to court.

2. Behavior.

All persons are expected to act their very best in the courtroom.

When speaking in court, speak clearly, politely, and loud enough to be heard by

the Judge and the court reporter. If the court reporter is making a transcript, all

responses must be verbal (e.g., not by a nodding or shaking of the head).

Never interrupt anyone, especially the Judge.

When addressing the Judge, refer to him or her as “Your Honor.”

When addressing or referring to anyone else, refer to him or her as “Mr.,” “Mrs.,”

or “Ms.”

If the Judge asks you a question, always begin or end your answer with “Sir,”

“Ma’am,” or “Your Honor.”

Never read anything in court except court documents.

Never eat, drink or chew gum in court.

Finally, turn off all noise-making items such as cell phones or pagers. If you must

keep such items turned on, get special permission from the Judge and switch the item

to the silent mode.

3. Friends and Family.

Although you may want the support of your family or friends, you generally

should not bring children to court. Children are often not permitted in court because

they can be distracting to you, the Judge and other parties in the courtroom.

MARITAL PROPERTY

Presumption of Community Property. Texas is a “community property” state.

In other words, all property owned by married persons on the dissolution of a marriage,

whether by death or divorce, is presumed to be the property of both the husband and

the wife. Likewise, any debts incurred during marriage are presumed to be community

debt. This means that the debts are presumed to be owed by both the husband and the

wife. Like community property, community debt must also be divided in a divorce.

The presumption of community property may only be overcome by clear and

convincing evidence that certain property is separate, rather than community proper-

ty. This is generally done by tracing and clearly identifying property as separate prop-

erty at the “inception of title,” or the moment when the property was first acquired.

Separate Property. Generally speaking, property acquired before a marriage and

property acquired during marriage through gift or inheritance, or with funds that were

themselves separate property, is separate property. Also, married persons may agree to

“partition” community property, in which case, that property becomes each person’s

separate property.

Division of Community Property. Community property and community debt

are supposed to be divided in a manner that the court “deems just and right, having

due regard for the rights of each party and any children of the marriage.” This does not

mean that community property or debt must necessarily be equally divided, and it

often will not be. The judge dividing community property and debt may consider

many factors, such as the size of your and your spouse’s separate estates, and any fault

in causing the divorce.

Community property cannot always be easily divided. Take for example the situ-

ation where two people own a home and want to get divorced. The easiest solution

would be for the Judge to order the parties to sell the house and divide the proceeds.

However, now add children to the picture. The judge will often order that the spouse

with whom the children will live be permitted to remain in the house with the chil-

dren to permit the children to continue living in their home and upset their lives as

little as possible. However, this does not mean that the other spouse loses his or her

community interest in the house. The Judge may order that the house be sold and the

proceeds divided after the youngest of the children reaches the age of eighteen.

Another remedy may be to award full ownership of the house to the spouse with whom

the children will reside, but give the other spouse the full interest in some other com-

munity property, such as a ranch, vacation home, savings account or a retirement

account.

As you can see from the example above, many factors go into a judge’s decision

regarding the division of community property.

ISSUES CONCERNING CHILDREN

Child Custody. The court that handles a divorce proceeding also determines who

shall have custody of any children from the marriage. The term "custody," in a divorce,

often serves as shorthand for "who gets the children." The vast majority of parents are

awarded “joint custody” in a divorce, meaning that all rights and duties concerning the

children are shared. In every case, however, the court must ultimately decide what cus-

tody arrangement is in the children’s best interest. The legal term for joint custody is

Joint Managing Conservatorship, and this arrangement is presumed to be in the best

interests of the children of the marriage. However, even in the joint custody situation,

the court must designate one parent who has the authority to determine the location

of the children’s primary residence. This parent is called the Primary Joint Managing

Conservator and also referred to as the “custodial parent,” because most Primary Joint

Managing Conservators will decide that the children’s primary residence is in that par-

ent’s home. The other parent is called the “Possessory Conservator,” because that par-

ent has the right to possession of the children at certain times, and is commonly

referred to as the “non-custodial parent.” Aside from the decision regarding the loca-

tion of the children’s primary residence, most other major parenting decisions are

shared between the Primary and the Possessory Conservator. The presumption under

the law is that Joint Managing Conservatorship is in the best interest of the children.

In rare circumstances, one parent may be appointed as the Sole Managing

Conservator. In this case, the other parent is still referred to as the Possessory

Conservator. Generally, this occurs only if: (1) the other parent has been absent from

the children’s lives; (2) there is a history of physical, psychological, or sexual abuse or

neglect by other parent; or (3) there is a history of extreme conflict between the par-

ents over educational, medical, or religious values. However, this does not mean that

the other parent loses his or her right to visit with the children. The only rights a Sole

Managing Conservator has over a Primary Joint Managing Conservator relate to the

sole right to make certain decisions regarding the children’s lives, such as educational

and health matters.

Other legal custody arrangements that can be ordered at divorce include split cus-

tody, in which one or more children live with one parent while the remaining children

live with the other parent, and divided custody, also referred to as alternating custody.

This form of custody allows each parent to have the child for alternating blocks of

time, often every year or two years, with equal visitation rights. Such legal arrange-

ments are much less common. Judges are reluctant to order split custody, in particu-

lar, because of a firm belief that children should not be separated from their brothers

and/or sisters.

Supervised Visitation. If there has been a history of abuse or neglect, the court

may require that any visitation by the abusive or neglectful parent be supervised.

The Right to Decide Where a Child will Live. As discussed above, only one

parent may have the right to establish the primary residency of the children. This loca-

tion is often stated in the Final Decree of Divorce. Sometimes, a court will place lim-

its on where the children’s residence may be located. For example, courts will often

order that the children’s residence not be located outside of the county where the chil-

dren resided prior to the divorce.

Standard Possession Order. Visitation arrangements can have many variations.

In fact, parents may agree to almost any arrangements regarding child custody.

However, if parents cannot agree, child custody will generally follow a schedule devel-

oped by the Texas Legislature that is designed to be fair and workable for both parents

in most circumstances. In general, the Standard Possession Order (“SPO”) provides

that the noncustodial parent is granted visitation of the child beginning at 6:00 p.m.

every first, third and fifth Friday of each month and ending at 6:00 p.m. on the fol-

lowing Sunday, as well as every Wednesday evening, from 6:00 p.m. to 8:00 p.m. All

holidays, including Thanksgiving, Christmas (winter) and spring break are divided

between the parents, giving one parent the right to spend a particular holiday with the

child every other year. The SPO also provides for the noncustodial parent to have thir-

ty days with the child during the summer, or forty-five if the child lives more than 100

miles away from that parent.

Establishing Child Support. As noted above, the Primary Joint Managing

Conservator, or the custodial parent generally has the right to receive child support on

behalf of the child. The amount of support owed by the Possessory Conservator, or

non-custodial parent will depend on the income of the non-custodial parent, as well

as the number of children for whom the non-custodial parent has a duty to support

(both from the marriage at issue as well as any other children). If there is only one child

of the marriage and no children outside the marriage, child support will be set at 20%

of the non-custodial parent’s net income (after FICA, Social Security, and Medicare

have been taken out). If there are two children, the child support will be set at 25% of

the net income. If there are three children, child support will be set at 30% of the net

income, and it will increase at 5% increments thereafter. No parent however, may be

required to pay more than 50% of his or her net earnings to fulfill all of his or her child

support obligations. These percentages are adjusted slightly when the non-custodial

parent has other children from outside the marriage for whom the non-custodial par-

ent must also pay child support. Also, factors such as whether the non-custodial par-

ent is intentionally unemployed, or underemployed (not earning as much as he or she

is capable) will be considered by the court. Finally, although child support is discussed

in this manual within the scope of a divorce proceeding, a custodial parent, whether

named as Primary Joint Managing Conservator, or Sole Managing Conservator need

not have ever been married to the non-custodial parent to receive child support.

Employer’s Order to Withhold. Many Texas courts require that an Employer’s

Order to Withhold be signed at the time that a divorce with children is finalized. An

Employer’s Order to Withhold orders the employer of the non-custodial parent to take

the child support owed directly from the non-custodial parent’s paycheck. Although it

may take a few weeks to get the process started, once it is up and running, the

Employer’s Order to Withhold often makes the process of paying child support

smooth and simple. All child support payments are then sent by the employer to a cen-

tral processing center where the checks are processed and submitted to the parent to

whom the support is owed.

Modifying Child Support. In order to request a change, the parent who is

requesting the modification must file a Petition to Modify, in which he or she seeks

modification of the Final Decree of Divorce. Unless there is a material and substantial

change in circumstances, such as the non-custodial parent getting a really big raise, or

the child suddenly requires additional support due to illness, child support may gen-

erally only be modified every three years, and then, only if the amount of the child

support payment would increase or decrease by 20% or $100.00.

GETTING STARTED

Filing the Petition: The spouse who files for divorce is called the Petitioner. The

other spouse is called the Respondent. The first decision to be made is where to file for

divorce. To file for a divorce in Texas: (i) you and/or your spouse must have lived in

Texas for at least six months before filing for divorce; and (ii) you must file in the coun-

ty in which either you or your spouse has lived for at least ninety days. A sample

divorce petition (called an

“Original Petition for Divorce”) is attached to this manual as

Appendix “A.”

Although most divorces in Texas are “no-fault,” sometimes, parties will plead

grounds such as cruelty or adultery in order to gain a tactical advantage, especially

when one person is seeking an unequal division of the community estate. You should

take extreme caution when pleading specific grounds for divorce, however. The Texas

Family Code permits the court to strike certain types of inflammatory remarks or

detailed allegations of marital misconduct from a petition for divorce. The specifics of

such matters should not be set forth in detail in the petition. In other words, to plead

the ground of adultery, you should say “Petitioner requests a divorce on the grounds

that Respondent has committed multiple acts of adultery” rather than “Petitioner

requests a divorce from Respondent because Respondent has repeatedly cheated on

Petitioner with the next door neighbor.”

The Original Petition For Divorce (the “Petition”), along with two extra copies,

and the appropriate filing fee, should be filed by hand delivery, or mail, with the

District Clerk’s office in the appropriate county. The clerk will date stamp and file the

original, and will date stamp the copies to show the date and time the Petition was

filed. The original will be assigned a “cause number” that will be listed at the top of

the Petition, and one copy will be returned to you. If you choose to mail the Petition,

included a self-addressed and stamped envelope for the clerk to return your copy to

you. The third copy will be used to notify the Respondent of the divorce proceeding.

There is no cost for file stamping of extra copies. However, there is a fee if the clerk

later has to make a copy for you from the court’s file. At the time of filing, you will

also be required to pay a filing fee. Filing fees vary from county to county and you

should call ahead to determine the filing fee for your case. If you cannot afford the fil-

ing fee, you must file an Affidavit of Inability to Pay Court Costs, which you must sign

in the presence of a notary public, at the same time you file your Petition. If the Judge

accepts your Affidavit of Inability to Pay Court Costs, your filing fee and other court

costs will be waived.

Notifying Your Spouse: The second step is to legally notify your soon to be ex-

spouse (the “Respondent”) of the Petition for divorce. You must serve the Respondent

in one of the following ways: (1) have the Respondent sign a waiver of citation; (2) hire

a private process server or a county constable to personally serve the Respondent with

a “citation,” which is formal notice of the filing of the Petition for divorce prepared by

the District Clerk; or (3) if, after a diligent search, you cannot locate the address of the

Respondent, you may request that the court order that Respondent be served by pub-

lication or posting.

The first and easiest method of legal notice to the Respondent is through a

Waiver of Service. A Waiver is only valid if it is signed by the Respondent

after the

Petition for divorce has been filed with the court and the Respondent has been pro-

vided with a file-stamped copy of the Petition. Once the waiver has been signed by the

Respondent, the waiver should be filed with the Court. Make a copy of the Waiver.

Take the Waiver and the copy to the District Clerk’s office. Tell the clerk you would

like to file the Waiver. The clerk will file stamp the original and the copy. She will then

keep the original and return the copy to you for your records. The Waiver must be on

file a minimum of 10 days before a divorce can be finalized. A sample form of Waiver

of Service is attached to this manual as Appendix “B.”

The second way to provide legal notice to the Respondent is to personally serve

the Respondent with the citation. This will generally involve some type of fee. To

accomplish personal service, you will need to provide to the District Clerk the address

where you believe the Respondent may be served and request that a citation be issued.

The District Clerk will then issue a citation and forward a copy of your Petition to the

Constable or Sheriff in the county where the Respondent will be served. If the

Respondent will be served in a different county or if you would like to have the

Respondent served by an authorized private process server, the District Clerk will

return the citation to you. It is then your responsibility to deliver the citation to the

appropriate process server. Personal service is considered complete when the process

server hands the citation to the Respondent. The process server, whether a sheriff, con-

stable or private process server, must file an affidavit with the Court stating he or she

served the citation and Petition on the Respondent. If an Affidavit of Inability is on

file with the Court, the Sheriff or Constable may waive their fee. However, a private

process server will not normally waive his fees even if you have an Affidavit of Inability

on file with the court. The benefit of a private process server is that he or she will try

to serve the Respondent at any place and time you believe the Respondent can be

found while a Sheriff or Constable may only attempt service at certain times of the day

and week.

The third method of notifying the Respondent of the Petition for divorce is by

posting or publication. This method requires a Court order and should only be used

if you have tried everything possible and cannot locate the Respondent. Service by

posting is done usually when no children or property are involved in a divorce. To

obtain service by posting, you must request that the District Clerk post the citation at

the courthouse. After a certain amount of time has passed, the clerk will notify the

court that service by posting has been completed. Service by publication is done in the

newspaper in the city where the Respondent was last known to have resided. To obtain

service by publication, request that the District Clerk issue publication in the particu-

lar newspaper authorized by the Court. You will be responsible for any fees charged by

the newspaper. Once the publication is complete, you must file proof of the publica-

tion with the District Clerk’s office.

The Answer: Once the Respondent has been notified of the Petition for Divorce,

whether through Waiver of Service, Personal Service of Citation, or publication, the

Respondent’s deadline to file an answer is the Monday following 20 days after date the

Respondent is served. However, in a divorce, an Answer is still considered valid as long

as it is filed before the divorce is final. Once the Respondent files an Answer, he or she

is entitled to receive notice of all court hearings and to be present in court for any pro-

ceedings in the case. If the Respondent does not file an Answer, it is possible for you

to move forward with the divorce without notice to the Respondent until after the case

is final.

Middle of the Case (the “Waiting Period”). A Court cannot grant a divorce

until the Petition for divorce has been pending for at least sixty days. This time peri-

od begins to run on the date the Petition is filed with the Court. This “waiting peri-

od” serves many purposes. Sometimes it permits the parties to “cool-down” and possi-

bly reconcile. Generally, however, it is hoped that the parties will use this time to reach

an agreement regarding the specifics of their pending divorce. Reaching an agreement

with your soon-to-be ex-spouse during the waiting period can prevent an outside party

(usually a judge) from making decisions regarding your life, property and relationship

with your children.

After a Petition for divorce has been filed, the Court, on its own motion, or the

motion of either party, after notice and a hearing, may grant temporary orders.

Temporary orders set out the “ground rules” for the parties’ conduct during the wait-

ing period with regard to such matters as the preservation of property, the protection of

both parties, and issues pertaining to the children such as child support and visitation.

If the Respondent files an Answer or makes a court appearance, negotiations may

be necessary to reach a final settlement. The Courts require or encourage parties to try

to reach agreement. A common dispute resolution method is called mediation.

Mediation is a non-binding, confidential process that may be done at any time during

the divorce proceedings and the cost is paid by the parties. The mediator is a neutral

third party either appointed by the court or selected by the parties by agreement. The

mediator meets separately with the parties and tries to assist in finding a common

ground solution acceptable to both parties. Mediation does not require a resolution or

a settlement, but if a settlement is reached, the agreement is then usually considered

binding.

If a settlement cannot be reached, the issues will then be presented to the judge or

a jury (if timely requested and the jury fee paid) at the final hearing. If a final hearing

is necessary, you should request the court clerk to schedule a final trial date for your

case. Some courts require that a request for final hearing be in writing. The law requires

the opposing party be given at least forty-five days’ notice prior to a final trial. However,

an earlier date may be scheduled if the Court is available and if all parties agree.

CONCLUDING DIVORCE PROCEEDINGS

Timing Issues: You may set your case for a final hearing any time after the sixty

day waiting period ends. A final hearing may consist of a jury trial, if requested, or a

bench trial (where the judge acts as the jury). Or, if you and the Respondent are in

complete agreement and have reduced your agreement to writing, the final hearing can

be as simple as answering a few questions and having the judge enter the agreement

into the Court’s records.

Final Decree of Divorce. The Final Decree of Divorce, whether reached by

agreement, or decided by the judge, or a jury, should dispose of all issues outstanding

in the divorce. Generally, this means that the decree should provide for the division of

all community property and all community debt, set forth all matters of child custody

and provide for the amount and frequency of child support payments. A Final Decree

of Divorce may also provide for the name change of either party to a name pr

eviously

used. This generally means that the wife may use the Final Decree of Divorce to

change her last name back to her maiden name or any other name, so long as it was

previously used. You may not use a Final Decree of Divorce to change your name to a

brand new name. This requires a separate proceeding. Some courts require that a Pro

Se litigant submit his or her draft of the Final Decree of Divorce and receive approval

of the decree before appearing in court for the final hearing. The court administrator

may be able to tell you whether this is required. A sample form of Final Decree of

Divorce is attached to this manual as Appendix “C.”

The Day of the Divorce. A simple, uncontested divorce may be concluded when

you appear before the judge and give evidence and testimony as to the terms of your

divorce. This proceeding is sometimes called the “prove-up.” A prove up script is

attached to this manual Appendix “D.” However, if your divorce involves contested

issues, such as division of property, or child custody issues, this simple transcript will

not work, and you should consider hiring a lawyer.

You should call the court to find out when the judge hears uncontested divorces,

and whether an appointment is required. Also find out whether the judge requires you

to retrieve the official court file from the clerk’s office on the day of the hearing and to

bring it to the courtroom with you. On the day of final hearing, you should bring the

original Final Decree of Divorce, the Employer’s Withholding Order if child support

is an issue, and proof of service on the Respondent, or a file-stamped copy of a Waiver

of Service, showing that the Waiver of Service has been on file for at least 10 days

before the final hearing, as well as three copies of each document. When the judge calls

your case (remember your proper courtroom etiquette), approach the judge, hand him

or her the original Final Decree of Divorce and any other documents you have brought

with you. Then read the prove-up script as it applies to your situation. The judge may

then ask you some questions. If the judge approves the divorce, he or she will tell you

that the divorce is granted and will sign the Final Decree of Divorce and any other

appropriate orders. The judge will return the court’s file to you. You will then take the

court file and the extra copies of the Final Decree of Divorce and any other documents,

to the judge’s court administrator. The administrator will “conform” the copies (stamp

the judge’s signature on the copies) and return the copies to you. You must leave the

court file with the administrator. It is your duty to send one set of copies of the final

documents to the Respondent.

Your divorce is considered final as soon as the judge signs and dates the Final

Decree of Divorce. Because you and the Respondent have thirty days to appeal the

judge’s decision, neither you, nor the Respondent may re-marry again until that thir-

ty day period has passed.

REVIEWING THE UNCONTESTED DIVORCE PROCESS:

The following is a simplified summary of the uncontested divorce process.

Figures 1-5 present a flow chart depicting the process graphically.

1. Starting the Divorce

a. Prepare your Original Petition for Divorce

b. File your Petition with the District Clerk’s Office.

c. Give your spouse legal notice of the divorce, by using either:

(1) Service of Citation; or

(2) Waiver of Citation; or

(3) Service by Publication or Posting

2. Responding to the Divorce

a. Your spouse may file an Answer

b. Your spouse may file other court documents or request court hearings

3. Waiting Period

a. Wait the mandatory 60 days after your Petition is filed

b. A Temporary Hearing and/or Temporary orders may occur during this time

c. Negotiation and/or Mediation may occur during this time

d. The court may require parenting classes if children are involved in the

divorce

4. Finalizing Your Divorce

a. Prepare your Final Decree of Divorce

b. Schedule your divorce for a final hearing, either

(1) on the uncontested court docket

(a) if you and your spouse have reached an agreement, or

(b) if your spouse has not filed an Answer or otherwise made a court

appearance in the divorce

(2) on the contested court docket

(a) if you do not have an agreement and your spouse has filed an

Answer or made a court appearance.

(b) give your spouse written notice of the date, time and location of

the trial (contested court hearing) date.

c. Finalize your divorce in the presence of the Judge at the court hearing.

d. If your divorce includes child support, set up the child support account and

issue the child support withholding order pursuant to the directions of

your local district clerk’s office.

e. Make sure either you or the court provides a copy of the Court Orders to

your ex-spouse.

RESPONDING

TO SERVICE

OF PROCESS

WAITING

PERIOD

FINALIZING

THE

DIVORCE

STARTING THE

DIVORCE

PROCESS

FIGURE 1

Overview of Uncontedted Divorce Process

OR OR

STARTING THE DIVORCE PROCESS

PREPARE YOUR ORIGINAL PETITION

FOR DIVORCE

FILE YOUR ORIGINAL PETITION WITH THE

DISTRICT CLERK’S OFFICE

GIVE YOUR SPOUSE LEGAL NOTICE

OF THE DIVORCE

SERVICE OF

CITATION

WAIVER OF

SERVICE

SERVICE BY

PUBLICATION

FIGURE 2

OR OR

RESPONDING TO SERVICE OF PROCESS

FILE A WRITTEN ANSWER WITH THE

DISTRICT CLERK’S OFFICE

SERVE YOUR SPOUSE WITH A

COPY OF YOUR ANSWER

CERTIFIED MAIL

RETURN RECEIPT

REQUESTED

REGULAR

MAIL

PERSONAL

DELIVERY

FIGURE 3

*WE RECOMMEND THAT YOU SEEK THE ADVICE OF A

LAWYER IF DISPUTES REGARDING CHILD CUSTODY

ARE INVOLVED.

WAITING PERIOD

DURING THE WAITING

PERIOD, THE COURT MAY DO

ALL OR ANY OF THE

FOLLOWING

ORDER

PARENTING

CLASSES IF

CHILDREN

ARE

INVOLVED*

HOLD ONE

OR MORE

HEARINGS

ISSUE

TEMPORARY

ORDERS

ORDER

MEDIATION

WAIT THE MANDATORY 60 DAYS

AFTER THE DATE YOU FILE YOUR

PETITION – COUNT THE DAY YOU

FILE AND COUNT ALL SATURDAYS,

SUNDAYS AND HOLIDAYS. YOU

CAN SET YOUR FINAL HEARING

AS EARLY AS THE 61ST DAY, IF THAT

DAY IS NOT A SATURDAY, SUNDAY OR

HOLIDAY.

FIGURE 4

PREPARE A FINAL DECREE

FINALIZING YOUR DIVORCE

SCHEDULE YOUR DIVORCE FOR

A FINAL HEARING

GIVE YOUR SPOUSE NOTICE OF THE TIME AND DATE OF

THE HEARING

YOU AND YOUR

SPOUSE HAVE

REACHED AN

AGREEMENT ON

ALL MATTERS

YOUR SPOUSE

HAS NOT FILED

AN ANSWER OR

OTHERWISE

APPEARED IN

COURT

YOU AND YOUR

SPOUSE HAVE

FAILED TO REACH

AN AGREEMENT ON

ONE OR MORE

ISSUES SUCH AS

CHILD CUSTODY

OR DIVISION OF

PROPERTY

WE RECOMMEND THAT YOU SEEK THE ADVICE OF A

LAWYER FOR CONTESTED ISSUES.

PREPARE YOUR FINAL

DECREE OF DIVORCE

ON THE

CONTESTED

DOCKET*

ON THE

NO-CONTEST

DOCKET

FIGURE 5

ATTEND YOUR HEARING

OBTAIN

SIGNATURE

OF YOUR

SPOUSE

ON FINAL

DECREE

APPENDIX A

SAMPLE ORIGINAL PETITION FOR DIVORCE

CAUSE NO. ____________

(to be completed by the District Clerk)

IN THE MATTER OF THE MARRIAGE § IN THE DISTRICT COURT

____________________________ § OF ________ COUNTY, TEXAS

(Your Name) Petitioner §

AND §

____________________________ § ________ JUDICIAL DISTRICT

(Your Spouse’s Name) Respondent § (to be completed by the District Clerk)

AND IN THE INTEREST OF §

(Your children’s names, if any), Child(ren)

ORIGINAL PETITION FOR DIVORCE

1. PARTIES: [You and Your Spouse]

This suit is brought by (your name), the Petitioner in this case. Respondent is

(your spouse’s name).

etitioner: [Your information]

Petitioner’s full name (the name on your birth certificate):

_______________________.

Petitioner’s address is: (

your address, including street, city, county, state and zip

code) _______________________

_______________________________________.

Date of birth

(your date of birth): _______________________ .

(month, day, year)

Social security number (your social security number):

_____________________.

Driver’s license number

(your driver’s license state and number):

_______________.

espondent: [Your Spouse]

Respondent’s full name (the name on your spouse’s birth certificate):

_________________________________.

Respondent’s address is: (your spouse’s address, including street, city, county, state

and zip code)

________________________________________.

Date of birth (your spouse’s date of birth): _______________________.

(month, day, year)

Social security number (your spouse’s social security number):

_____________________.

Driver’s license number

(your spouse’s driver’s license state and number):

______________________.

2. DISCOVERY:

[CHECK ONLY ONE]:

[ ] I would like discovery to be under Level 1 of Rule 190 of the Texas Rules

of Civil Procedure because:

A. My spouse and I do not have any children who are younger than 18

years or any disabled children who are 18 years or older. The wife is not

pregnant.

AND

B. Everything my spouse and I bought while we were married and that

we still own does

not total more than $50,000.

[ ] I would like discovery to be under Level 2 of Rule 190 of the Texas Rules

of Civil Procedure because:

A. Everything my spouse and I bought while we were married and that

we still own

does total more than $50,000.

AND / OR

B. My spouse and I have children who are younger than 18 years or we

have disabled children who are 18 years or older.

3. DOMICILE: [CHECK ONLY ONE]:

______ I have lived in Texas for the past six months, and in ____________

County

(the county where you have filed for divorce), Texas for the past 90 days.

AND / OR

______ My spouse has lived in Texas for the past six months, and in

_________ County

(the county where you have filed for divorce), Texas for the past 90

days.

4. SERVICE OF PROCESS: [CHECK ONLY ONE]:

[ ] No Service of Process Needed At This Time:

Please do not have a sheriff or constable give a copy of this Original Petition for

Divorce to my spouse right now because my spouse may sign a Waiver of

Service.

(Your spouse may sign a paper, in front of a notary, agreeing that you have given him

or her a copy of this Original Petition for Divorce, and s/he does not want to have a sheriff,

constable, or private process server give him or her another copy of this Original Petition for

Divorce).

Discovery is a procedure used by parties in a lawsuit to find out information about the other party.

If my spouse does not sign a Waiver of Service, I will ask a sheriff or constable

to give a copy of this Original Petition for Divorce to my spouse at this address:

(List your spouse’s home or work address):

Street Address:

____________________________________________________

City, County, State:

____________________________________________

(If this is a work address, list the business name)

____________________________________________

[ ] Service of Process Requested:

Please have a sheriff or constable give a copy of this Original Petition for

Divorce to my spouse at this address

(List your spouse’s home or work address):

Street Address:

____________________________________________________

City, County, State:

____________________________________________________

(If this is a work address, list the business name)

____________________________________________

5. DA

TES OF MARRIAGE AND SEP

ARATION

My spouse and I were married on or about __________________________

(List month, day, & year)

We stopped living together as husband and wife on or about

______________________________________

(List month, day & year separated)

6. GROUNDS FOR DIVORCE

The marriage has become insupportable because of discord or conflict of per-

sonalities that destroys the legitimate ends of the marriage relationship and prevents

any reasonable expectation of reconciliation.

(You and your spouse do not get along with each

other as husband and wife. You do not believe that you will ever live together as husband and wife

again).

7. CHILDREN OF THE MARRIAGE

There are no court-ordered conservatorships, court-ordered guardianships, or

other court-ordered relationships affecting the children the subject of this suit.

OR list

any court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships

that affect the children of the marriage.

AND

No property of consequence is owned or possessed by the child the subject of

this suit.

OR list the property that is owned by child.

AND

The appointment of Petitioner and Respondent as joint managing conservators

would be in the best interest of the child. Petitioner, on final hearing, should be

appointed joint managing conservator, with all the rights and duties of a parent joint

managing conservator, and

(select who, Petitioner or Respondent, you are requesting to be respon-

sible for paying child support) should be ordered to make payments for the support of the

child in the manner specified by the Court. Petitioner requests that the payments for

the support of the child survive the death of Respondent and become the obligation

of Respondent's estate.

(COMPLETE this section ONLY if you and your spouse do NOT have children together that

are in need of financial or medical support)

[ ] My spouse and I do not have any biological or adopted children who are

younger than 18 years old.

[ ] My spouse and I do not have any disabled children who are 18 years or

older.

[ ] My spouse and I do not have any children who are 18 years or older that

we have been court-ordered to support.

(Complete this section Only if you and your spouse had children together, while you

were married to each other.)

[ ]

NAME: SEX (M or F): BIRTHDATE:

PLACE OF BIRTH_______________ HOME STATE_________________

NAME: SEX (M or F): BIRTHDATE:

PLACE OF BIRTH_______________ HOME STATE_________________

NAME: SEX (M or F): BIRTHDATE:

PLACE OF BIRTH_______________ HOME STATE_________________

NAME: SEX (M or F): BIRTHDATE:

PLACE OF BIRTH_______________ HOME STATE_________________

Pregnancy: (CHECK ONLY ONE)

[ ] The wife is not pregnant.

[ ] The wife is pregnant, but the husband is not the biological father of this

child.

NOTE: If the wife is pregnant and the husband is the biological parent of

the unborn child, do not file for divorce using this form.

8. DIVISION OF C

OMMUNITY PR

OPERTY

My spouse and I will try to reach an agreement on how our community prop-

erty and debts are divided. But if we cannot agree, I would like the Court to decide

who gets the items that my spouse and I bought while we were married. I would also

like for the Court to decide who pays the debts that my spouse and I owe. I would like

the Court to make these decisions in a way that the Court believes is fair and accord-

ing to the laws of Texas.

9. PROTECTIVE ORDER STATEMENT: [CHECK ONLY ONE]:

[ ] I do not currently have a Protective Order in effect against my spouse and my

spouse does not currently have a Protective Order in effect against me. I have

not filed an application for a Protective Order against my spouse in any Court

and my spouse has not filed an application for a Protective Order against me in

any Court.

[ ] There is a current Protective Order in effect. The Protective Order was issued

by the ____________________________ Court, in ______________

County, Texas, in Cause No. ____________________ and was signed on

________________

[date]. I have attached a copy of the Protective Order to

this Original Petition for Divorce.

[Attach a copy of the protective order].

(Complete this section Only if the wife had children with some one else, while you were

married to each other.)

[ ] The husband is not the biological father of these children who were

born while we were married: (Check this if you had children with

someone other than your husband, while you were married to your

husband.)

NAME: ___________ SEX (M or F): ___ BIRTHDATE: ___________

10. ADDITIONAL PROVISIONS

I would also like the Court to: [CHECK ONLY THOSE WHICH APPLY TO YOU]:

[ ] Change of Name: (Give first, middle, & last name of the name used before

your marriage. Please note, you cannot ask the judge to change your

spouse’s name, if your spouse doesn’t want to have his or her name

changed).

[ ] I would like my name changed back to this:

________________________________________________________.

(first, middle, last)

[ ] My spouse would like to have his/her name changed back to this:

________________________________________________________.

(first, middle, last)

(Complete this Section Only if you are asking the judge to acknowledge items that you own as

your separate property)

[ ] S

eparate Property:

I want the Court to confirm the following as my separate property:

[ ] Before I married my spouse, I owned:

[Check What You Owned.]

[ ] a house (State address and/or the legal description of the property.)

________________________________________________________

________________________________________

[ ] land

(State address and/or the legal description of the property.)

________________________________________________________

________________________________________

[ ] personal property

(Car, jewelry, stocks, etc.)

________________________________________________________

________________________________________

[ ] other

(Describe)

________________________________________________________

________________________________________

[ ] While I was married to my spouse, I received

(Check What You Received.)

[ ] an inheritance.

[ ] a gift that was given to me only.

[ ] money from a lawsuit for something other than lost wages.

11. STATEMENT CONCERNING ALTERNATIVE DISPUTE RESOLUTION

I have read and agree with the following statement on Alternative Dispute

Resolution (ADR).

STATEMENT ON ALTERNA

TIVE DISPUTE RESOLUTION (ADR)

“I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO PRO-

MOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES

INVOLVING CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE

DISPUTE RESOLUTION METHODS INCLUDING MEDIATION. WHILE I

RECOGNIZE THAT ALTERNATIVE DISPUTE RESOLUTION IS AN ALTER-

NATIVE TO AND NOT A SUBSTITUTE FOR A TRIAL AND THAT THIS

CASE MAY BE TRIED IF IT IS NOT SETTLED, I REPRESENT TO THE

COURT THAT I WILL ATTEMPT IN GOOD FAITH TO RESOLVE BEFORE

FINAL TRIAL CONTESTED ISSUES IN THIS CASE BY ALTERNATE DIS-

PUTE RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVEN-

TION.”

(IN OTHER WORDS, I KNOW THAT WHEN MY SPOUSE AND I DISAGREE

ABOUT OUR CHILDREN OR OUR FAMILY, THE STATE OF TEXAS WANTS US

TO TRY TO SETTLE THE DISAGREEMENT WITHOUT GOING TO COURT.

I KNOW THAT ALTERNATIVE DISPUTE RESOLUTION (ADR) MEANS

THAT THERE ARE WAYS TO SETTLE OUR DISAGREEMENTS WITHOUT

GOING TO COURT. ONE WAY IS TO GO TO MEDIATION, WHERE AN UNBI-

ASED PERSON WOULD TRY TO HELP US REACH AN AGREEMENT.

I UNDERSTAND THAT MEDIATION IS JUST ONE WAY TO SOLVE OUR

DISAGREEMENT, AND IT DOES NOT REPLACE A TRIAL IN FRONT OF A

JUDGE OR A JURY. IF WE DON’T REACH AN AGREEMENT, WE MAY HAVE TO

GO TO TRIAL.

I WANT THE COURT TO KNOW THAT WHEN MY SPOUSE AND I DIS-

AGREE ABOUT OUR CASE, I WILL TRY MY BEST TO REACH AN AGREEMENT

BY ALTERNATIVE DISPUTE RESOLUTION (ADR), SO THAT THE COURT

WON’T HAVE TO MAKE A DECISION FOR US.)

12. PRAYER

Petitioner requests that Respondent be given a copy of this Original Petition for

Divorce in a way that is according to the law. Petitioner also asks that the Court give

grant the divorce and everything else that Petitioner requested in this Original Petition

for Divorce.

Respectfully submitted,

______________________________________

Petitioner, Pro Se [Sign your name on the line.]

[PRINT Your Name and Information.]:

Name: ________________________________

Address: _______________________________

Telephone: _____________________________

APPENDIX B

SAMPLE WAIVER OF SERVICE

This form MUST BE SIGNED AND COMPLETED by the Respondent AFTER the

Original Petition for Divorce has been stamped by the District Clerk’s Office with the

date and time that it was filed.

Copy the information from the top of the Original

Petition for Divorce to the top part of this Waiver of Citation. Make sure that the

Cause Number and the Judicial District number are the same as listed on the

Original Petition for Divorce. Make sure that your name and your spouse’s name

are listed in the same order as on the Original Petition for Divorce.

CAUSE NO.

(use the exact number provided by the district clerk on the top of the

Petition for Divorce)

IN THE MATTER OF § IN THE DISTRICT COURT

THE MARRIAGE OF

(Name of Petitioner) §

AND § _______ JUDICIAL DISTRICT

(Name of Respondent) § (use the number provided by the

§ District Clerk)

AND IN THE INTEREST OF §

(list names of children, if any), CHILDREN § ________ COUNTY, TEXAS

AIVER OF CITATION

THE STATE OF TEXAS §

COUNTY OF ___________________ §

(Write in the name of the county where this Waiver of Citation is notarized.)

On this day, _______________________ appeared before me, the undersigned

(Print the name of the Respondent.)

authority, and after being sworn on oath by me said:

“I, ____________________________ , am the Respondent in this divorce case.

(Print the name of the Respondent.)

My mailing address is:

_____________________________________________

(Write in the Respondent’s mailing address.)

“I have been given a copy of the Original Petition for Divorce that was filed by

my spouse under this Cause Number. I have read the Original Petition for Divorce and

understand what it says. I do not want a constable, sheriff, or private process server to

give me another copy of the Original Petition for Divorce.

“I am entering an appearance by signing this Waiver of Citation, which I under-

stand is a substitute for coming to court and telling the Judge my side of the facts. I

also understand that by signing this Waiver of Citation, I agree that the Judge in the

county and state where my spouse filed this divorce can make decisions about my

divorce even if the divorce should have been filed in another county or state.

“I do not want a record to be made of any testimony given in this divorce case.

“I agree that this divorce case may be heard by the Presiding Judge of the Court

or by an Associate Judge or Referee of the Court who has been appointed by the

Presiding Judge of the Court.

“I have also read, and agree to, the following Alternative Dispute Resolution

Statement:

“I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO

PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DIS-

PUTES INVOLVING CHILDREN AND FAMILIES. I AM AWARE OF ALTER-

NATIVE DISPUTE RESOLUTION METHODS INCLUDING MEDIATION.

WHILE I RECOGNIZE THAT ALTERNATIVE DISPUTE RESOLUTION IS AN

ALTERNATIVE TO AND NOT A SUBSTITUTE FOR A TRIAL AND THAT

THIS CASE MAY BE TRIED IF IT IS NOT SETTLED, I REPRESENT TO THE

COURT THAT I WILL ATTEMPT IN GOOD FAITH TO RESOLVE BEFORE

FINAL TRIAL CONTESTED ISSUES IN THIS CASE BY ALTERNATE DIS-

PUTE RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVEN-

TION.

(IN OTHER WORDS:

"I KNOW THAT WHEN MY SPOUSE AND I DISAGREE ABOUT OUR CHILDREN

OR OUR FAMILY, THE STATE OF TEXAS WANTS US TO TRY TO SETTLE THE DIS-

AGREEMENT WITHOUT GOING TO COURT.

“I KNOW THAT ALTERNATIVE DISPUTE RESOLUTION (ADR) MEANS THAT

THERE ARE WAYS TO SETTLE OUR DISAGREEMENTS WITHOUT GOING TO COURT.

ONE WAY IS TO GO TO MEDIATION, WHERE AN UNBIASED PERSON WOULD TRY TO

HELP US REACH AN AGREEMENT.

“I UNDERSTAND THAT MEDIATION IS JUST ONE WAY TO SOLVE OUR DIS-

AGREEMENT, AND IT DOES NOT REPLACE A TRIAL IN FRONT OF A JUDGE OR A

JURY. IF WE DON’T REACH AN AGREEMENT, WE MAY HAVE TO GO TO TRIAL.

“I WANT THE COURT TO KNOW THAT WHEN MY SPOUSE AND I DISAGREE

ABOUT OUR CASE, I WILL TRY MY BEST TO REACH AN AGREEMENT BY ALTERNA-

TIVE DISPUTE RESOLUTION (ADR), SO THAT THE COURT WON’T HAVE TO MAKE A

DECISION FOR US.”)

Check ONLY One of the following:

[______] “I am requesting my name be returned to the name I used before I

was married:

____________________________________________

(Print the first, middle, and last name as you used it before your marriage.)

[_______] “I am not requesting a name change.

Check ONLY One of the following:

[______] “I agree that the Judge can finalize my divorce without asking me

about my side of the facts, without my signature on the Final Decree of Divorce,

and without further notice to me.”

____________________________________________

(Sign your name, here, if you agree with this statement.)

[______] “If I have signed the Final Decree of Divorce showing that I agree

with everything in it, the Judge can finalize my divorce without asking me about

my side of the facts, or giving further notice to me. If I have not signed the Final

Decree of Divorce, I do not agree that the Judge can finalize my divorce without

notifying me of a hearing.”

____________________________________________

(Sign your name, here, if you agree with this statement.)

__________________________________________________

Respondent

(Sign Your Name In Front of Notary Public.)

SWORN TO, and SUBSCRIBED before me on ___________________________.

__________________________________________________

Notary Public State of Texas

I, the Notary Public whose signature appears above, certify that I am not an attorney

in this case.

__________________________________________________

APPENDIX C

SAMPLE FINAL DECREE OF DIVORCE

NO. (use the exact number provided by the district cler

k on the top of the Petition for Divorce)

IN THE MATTER OF § IN THE DISTRICT COURT

THE MARRIAGE OF

(Name of Petitioner) §

AND § _______ JUDICIAL DISTRICT

(Name of Respondent) § (use the number provided by the

§ District Clerk)

AND IN THE INTEREST OF §

(list names of children, if any), CHILDREN § ________ COUNTY, TEXAS

FINAL DECREE OF DIVORCE

On _____________________ (insert the date of the final hearing), the Court

heard this case.

1. Appearances

Petitioner, (your name), appeared in person and announced ready for trial.

Respondent, (

your spouse’s name)

[ ] appeared in person and announced ready for trial (check only if your spouse

appears at the final hearing) OR

[ ] made a general appearance and has agreed to the terms of this judgment to

the extent permitted by law, as evidenced by the signatures of Respondent below

(

check if your spouse signed a waiver of citation and did not appear at the final hear-

ing

2. Record

[ ] The making of a record of testimony was waived by the parties with the con-

sent of the Court. OR

[ ] The record of testimony was taken by the court reporter for the _____ Judicial

District Court.

3. Jurisdiction and Domicile

The Court finds that the pleadings of Respondent are in due form and contain all

the allegations, information, and prerequisites required by law. The Court, after receiv-

ing evidence, finds that it has jurisdiction of this case and of all the parties and that at

least sixty days have elapsed since the date the suit was filed. The Court finds that, at

the time this suit was filed, Respondent had been a domiciliary of Texas for the pre-

ceding six-month period and a resident of the county in which this suit was filed for

the preceding ninety-day period. All persons entitled to citation were properly cited.

4. Jury

A jury was waived, and all questions of fact and of law were submitted to the

Court.

5. Agreement of the Parties

The Court finds that the parties have entered into a written agreement as con-

tained in this decree by virtue of having approved this decree as to both form and sub-

stance. To the extent permitted by law, the parties stipulate the agreement is enforce-

able as a contract. The Court approves the agreement of the parties as contained in this

Final Decree of Divorce.

6. Divorce

IT IS ORDERED AND DECREED that (your name), Petitioner, and (your

spouse’s name

), Respondent, are divorced and that the marriage between them is dis-

solved on the ground of insupportability.

7. Children of the Marriage

[ ] There is no child born or adopted of this marriage, and none is expected.

[ ] The Court finds that Petitioner and Respondent are the parents of the fol-

lowing children (

complete information for each child):

Name:

Sex:

Birthplace:

Birth date:

Home state:

The Court finds no other children of the marriage are expected.

8. Conservatorship and Support (include this section ONLY if there were children born

or adopted during the marriage)

The Court, having considered the circumstances of the parents and of the chil-

dren, finds that the following orders are in the best interest of the children.

IT IS ORDERED that Petitioner and Respondent are appointed parent joint

managing conservators of the following children: (insert names of children).

IT IS ORDERED that, at all times, Petitioner, as a parent joint managing con-

servator, shall have the following rights:

1. the right to receive information from the other parent concerning the

health, education, and welfare of the children;

2. the right to confer with the other parent to the extent possible before mak-

ing a decision concerning the health, education, and welfare of the children;

3. the right of access to medical, dental, psychological, and educational records

of the children;

4. the right to consult with a physician, dentist, or psychologist of the children;

5. the right to consult with school officials concerning the children's welfare

and educational status, including school activities;

6. the right to attend school activities;

7. the right to be designated on the children's records as a person to be noti-

fied in case of an emergency;

8. the right to consent to medical, dental, and surgical treatment during an

emergency involving an immediate danger to the health and safety of the children; and

9. the right to manage the estates of the children to the extent the estates have

been created by the parent or the parent's family.

IT IS ORDERED that, at all times, Petitioner, as a parent joint managing con-

servator, shall have the following duties:

1. the duty to inform the other parent in a timely manner of significant infor-

mation concerning the health, education, and welfare of the children; and

2. the duty to inform the other parent if the parent resides with for at least thir-

ty days, marries, or intends to marry a person who the parent knows is registered as a

sex offender under chapter 62 of the Code of Criminal Procedure (as added by chap-

ter 668, Acts of the 75th Legislature, Regular Session, 1997) or is currently charged

with an offense for which on conviction the person would be required to register under

that chapter. IT IS ORDERED that this information shall be tendered in the form of

a notice made as soon as practicable, but not later than the fortieth day after the date

the parent begins to reside with the person or on the tenth day after the date the mar-

riage occurs, as appropriate. IT IS ORDERED that the notice must include a descrip-

tion of the offense that is the basis of the person's requirement to register as a sex

offender or of the offense with which the person is charged. WARNING: A PERSON

COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF

THE PERSON FAILS TO PROVIDE THIS NOTICE.

IT IS ORDERED that, at all times, Respondent, as a parent joint managing con-