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These forms are not a substitute for legal advice

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***These forms are not a substitute for legal advice.*** ***These forms are not a substitute for legal advice.*** $2.00 By law, no member of the Law Library staff may give any patron legal advice. Accordingly, staff may not interpret legal materials for patrons, advise them as to how the law might apply to their particular situation, or assist them in preparing and filling out legal forms of any kind. Staff can provide patrons legal assistance by directing them to topical print materials, sections, and subject headings that might be helpful in answering a particular question. DIVORCE – WITHOUT CHILDREN ***DO NOT FILE THIS ENTIRE PACKET*** ***FOLLOW ALL INSTRUCTIONS *** Steps to Follow: 1. Fill out the Original Petition for Divorce (p. 5-8). • If the form provided fits your circumstances you may use it as a “fill in the blank.” It is perfectly all right to hand-write the forms. • If these forms do not fit your circumstances, you may re-type or re-write the forms, changing them to fit your circumstances, using the forms as a format to follow. Mark through what does not apply to your circumstances. • When preparing these forms, YOU are the “Petitioner” and the other party is the “Respondent.” • You will be assigned a case number and judicial district when you file the Petition. 2. ***Be sure to include the Collin County Standing Order Regarding Children, Property and Conduct of the Parties (p.9-12) with the Original Petition.*** ...
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***These forms are not a substitute for legal advice.***
***These forms are not a substitute for legal advice.***
$2.00

By law, no member of the Law Library staff may give any patron legal advice.
Accordingly, staff may not interpret legal materials for patrons, advise them as to how the law
might apply to their particular situation, or assist them in preparing and filling out legal forms of
any kind. Staff can provide patrons legal assistance by directing them to topical print materials,
sections, and subject headings that might be helpful in answering a particular question.

DIVORCE – WITHOUT CHILDREN

***DO NOT FILE THIS ENTIRE PACKET***
***FOLLOW ALL INSTRUCTIONS ***

Steps to Follow:

1. Fill out the Original Petition for Divorce (p. 5-8).

• If the form provided fits your circumstances you may use it as a “fill in the blank.” It is
perfectly all right to hand-write the forms.
• If these forms do not fit your circumstances, you may re-type or re-write the forms,
changing them to fit your circumstances, using the forms as a format to follow. Mark
through what does not apply to your circumstances.
• When preparing these forms, YOU are the “Petitioner” and the other party is the
“Respondent.”
• You will be assigned a case number and judicial district when you file the Petition.

2. ***Be sure to include the Collin County Standing Order Regarding Children, Property
and Conduct of the Parties (p.9-12) with the Original Petition.***

3. Make two additional copies of the completed Petition AND Collin County Standing
Order.

4. File all three copies of the Original Petition in the District Clerk’s office of the county in
which you reside.

• If you reside in Collin County, file it with the District Clerk’s office on the first floor of
the courthouse located at 2100 Bloomdale Drive in McKinney. You will be expected to
pay a filing fee to the Clerk at this time.
• DO NOT file this entire packet of papers - ONLY file the copies of the Original Petition
with attached Standing Order (p.5-12). Then proceed to step 5.
• Do not sign the Waiver of Citation (p.14-15) at this time. It must be signed by the
other party and filed after the Original Petition is filed with the Clerk.

5. Give the Waiver of Citation (p. 14-15) to the other party along with a copy of the
Petition that has been stamped “filed” by the District Clerk.
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• The other party should sign the Waiver of Citation in front of a Notary Public.
• If the other party will not sign the Waiver, go to Step 8.

6. File the signed Waiver of Citation with the District Clerk.

7. Wait 60 days from the date on which you filed the Original Petition for Divorce.
After 60 days have passed, you may call the court that you have been assigned to and request a
hearing date to “prove up” (or finalize) your divorce. Go to step 11 for instructions on
finalizing the divorce.

8. If the other party will not sign the Waiver, then you must have him/her served by a
Constable; the District Clerk’s office can arrange this for you.

• Once the other party has been served, they have until 10:00am on the Monday next
following the expiration of twenty days to file a written answer with the clerk.
• After this time period has elapsed, contact the District Clerk’s office to ask whether the
other party has filed a written answer.

9. If a written answer has not been filed by the other party, then you must wait 60 days from
the date on which you filed the Original Petition for Divorce to have a hearing.

• After 60 days have passed, you may call the court that you have been assigned to and
request a hearing date to “prove up” your divorce. Go to step 11.

10. If a written answer has been filed by the other party, then you must present the District
Clerk with the Order Setting Hearing Date form (p.17). The Clerk will arrange to get a hearing
date set for you.

• Send a file-marked copy (a copy stamped by the Clerk) of the Order Setting Hearing Date
to the other party (or their attorney if they have one) via certified mail, return receipt
requested.
• Complete the Certificate of Service form (p.17) and attach the completed return receipt
to it. File these with the District Clerk.
• Go to step 11.

11. Fill out the Final Decree of Divorce (p.19-23) completely, changing it to fit your
circumstances.
• This is the paper the judge signs, granting your divorce. The judge will not fill out
anything for you.
• If a section does not apply to you, cross it out.
• Do not file this document with the District Clerk. Instead, take it with you to court on
your hearing date.
• The Divorce Decree is a legally binding document that says who keeps what property and
who pays what debts. Decrees are court orders; once they are signed by a judge, they
require a hearing to be changed.

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12. Make two additional copies of the completed Final Decree to take with you to the
hearing.

13. Fill out the Sample Prove Up (p.24). This is a summary of your case; you will read this at
the hearing when you go before the judge. You do not need to make copies of this page.

14. On your hearing date, bring all three copies of your prepared Final Decree with you to
court.
• Give these papers to the District Clerk; the Clerk will arrange to take your file up to the
courtroom.
• Once you have given your papers to the Clerk, go to the courtroom to which you have
been assigned and wait for the Bailiff to open the room. Check in with the Bailiff to let
him/her know that you are there to prove up your divorce.

15. To finalize your divorce, you will read the facts of your petition as shown on the Sample
Prove Up sheet (p.24).
• Give the judge the Final Decree of Divorce to sign.
• If you feel that you will be nervous, you can – prior to the date of your own hearing -- sit
in on divorce cases to observe other prove ups.






















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Pages 5 – 12 need to be filled out
completely for your
first step in filing.

***Keep Your Instruction Sheets***

(DO NOT FILE THIS PAGE)

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FILL OUT PAPERS FIRST THEN MAKE 2 COPIES!


Case No. _______________________

In the Matter of | In the District Court
The Marriage of |
________________________ | Collin County, Texas
[Petitioner’s name] |
And | _______ Judicial District
________________________ |
[Respondent’s name] |


ORIGINAL PETITION FOR DIVORCE


I. Parties

This suit is brought by ____________________________ [petitioner’s name], Petitioner,
last four digits of Social Security number ______________ [last 4 digits of petitioner’s Social
Security no.], driver’s license number ________________ [petitioner’s driver’s license no.], who
is ________ [petitioner’s age] years of age and resides at:
______________________________________________________________________________
[petitioner’s address].

_______________________________ [respondent’s name], Respondent, last four digits
of Social Security number _________________ [last 4 digits of respondent’s Social Security
no.], driver’s license number ________________ [respondent’s driver’s license no.], is
________ [respondent’s age] years of age and resides at:
[respondent’s address].

II. Domicile

Petitioner has been a domiciliary of this state for the preceding six-month period and a
resident of this county for the preceding 90-day period.

III. Service

Process may be served upon Respondent at:

[Select one of the following by placing a check mark.]

_____ 1. Respondent’s residence at:
________________________________________________________________________
[respondent’s residence address].
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_____ 2. Respondent’s place of employment at:
________________________________________________________________________
[respondent’s employment address].

_____ 3. No service is necessary at this time due to Waiver of Citation will be signed.

_____ 4. Unable to locate respondent, therefore Citation by Publication or Posting is
being used.


IV. Date of Marriage and Separation

[Select one of the following by placing a check mark.]

_____ 1. Alternative One: Ceremonial Marriage
Petitioner and Respondent were married on or about ____________________ [date], and ceased
to live together as husband and wife on or about ______________________ [date].

_____ 2. Alternative Two: Informal Marriage
On or about _____________________ [date], Petitioner and Respondent agreed to be married
and thereafter lived together in Texas as husband and wife, and there represented to others that
they were husband and wife. The agreement and the actions of Petitioner and Respondent
constituted an informal marriage. Petitioner and Respondent lived together as husband and wife
until on or about _____________________ [date], when they separated. At the time of their
separation, Petitioner was _______ [age] years of age and Respondent was ______ [age] years of
age.

V. Grounds for Divorce

The marriage has become insupportable because of discord or conflict of personalities
between the Petitioner and Respondent that destroys the legitimate ends of the marriage
relationship and prevents any reasonable expectation of reconciliation.


VI. Children of the Marriage

There are no children born or adopted during this marriage who are under the age of
eighteen (18) years and _______________________ [Petitioner OR Respondent] is not now
expecting a child.

VII. Division of Community Estate

Petitioner requests the Court to order a division of the estate of Petitioner and
Respondent, having due regard for the rights of each party in a manner that the court deems just
and right, as provided by law.
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[Select one of the following by placing a check mark.]

_____ There is no community property to divide.

_____ The parties will reach an agreement as to property and attach it to the final decree
of divorce.

_____ Parties will reach an agreement as to property and include it in the final decree of
divorce.

_____VIII. Postdivorce Maintenance
[Must have been married ten years or longer]

[Circle this paragraph if applicable and are requesting maintenance]
Petitioner requests the Court to order that Petitioner be paid postdivorce maintenance for a period
of three years in accordance with chapter 8 of the Texas Family Code.

_______ [Check, if applicable] Petitioner requests the Court to issue an order for withholding
from Respondent’s wages for this maintenance.

IX. Protective Order

*Every Petition for divorce must include one of the following three alternative statements.*

[Select one of the following by placing a check mark.]


_____ 1. No protective order under Family Code § 6.504 or Family Code Subtitle B, Title 4 is in
effect between or pending with regard to Petitioner and Respondent.

_____ 2. An application for a protective order under Family Code § 6.504 or Family Code
Subtitle B, Title 4 with regard to Petitioner and Respondent is pending in cause number
____________________ [state case number of suit involving protective order] before the
________________________ [name of court] Court of _____________________ [name of
county] County, Texas. A copy of the application for protective order is attached and
incorporated by reference for all purposes.

_____ 3. A protective order issued under Family code § 6.504 or Family Code Subtitle B, Title
4 is in effect between Petitioner and Respondent in cause number _______________________
[state case number of suit involving protective order] before the _______________________
[name of court] Court of ______________________ [name of county] County, Texas.
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[Select one of the following by placing a check mark.]
_____ A copy of the protective order is attached and incorporated by reference for all
purposes.
_____ A copy of the protective order is not available at this time. A copy of the order
will be filed with the Court before any hearing.

[Select the following section, if applicable, by placing a check mark next to “IX. Name
ChangeRequest.” Mark through the section completely if it does not apply.]


_____ X. Name Change Request

Petitioner requests a change of _______________________ [Petitioner’s OR
Respondent’s] name to _________________________________________________ [state first,
middle, and last name as it should appear on the decree of divorce].



XI. Prayer

Petitioner asks the Court to grant a divorce because the marriage has become
insupportable due to discord or conflict of personalities that destroys the legitimate ends of the
marital relationship and prevents any reasonable expectation of reconciliation. Petitioner and
their spouse do not get along and do not plan to live together ever again. Petitioner also asks the
Court to grant the other orders asked for in this Petition and any other orders Petitioner is entitled
to.

Respectfully submitted,

__________________________________
[Petitioner’s signature]
[Typed or printed name]
[Address & telephone no.]




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COLLIN COUNTY DISTRICT COURTS
GENERAL ORDERS

COLLIN COUNTY STANDING ORDER REGARDING CHILDREN,
PROPERTY AND CONDUCT OF THE PARTIES

No party to this lawsuit has requested this order. Rather, this order is a standing order of
the Collin County District Courts that applies in every divorce suit and every suit affecting the
parent-child relationship filed in Collin County. The District Courts of Collin County have
adopted this order because the parties and their children should be protected and their property
preserved while the lawsuit is pending before the court. Therefore it is ORDERED:
1. NO DISRUPTION OF CHILDREN. Both parties are ORDERED to refrain from doing the
following acts concerning any children who are subjects of this case:
1.1 Removing the children from the State of Texas, acting directly or in concert
with others, without the written agreement of both parties or an order of this
Court.
1.2 Disrupting or withdrawing the children from the school or day-care facility
where the children are presently enrolled, without the written agreement of
both parents or an order of this Court.
1.3 Hiding or secreting the children from the other parent or changing the children’s
current place of abode, without the written agreement of both parents or an order
of this Court.
1.4 Disturbing the peace of the children.
1.5 Making disparaging remarks about each other or the other person’s family
members, to include but not be limited to the child’s grandparents, aunts, uncles,
or stepparents.
1.6 Discussing with the children, or with any other person in the presence of the
children, any litigation related to the children or the other party.
1.7 If this is an original divorce action, allowing anyone with whom the party is
romantically involved, to remain over night in the home while in possession of
the child. Overnight is defined from 10:00 p.m. until 7:00
a.m.
2. CONDUCT OF THE PARTIES DURING THE CASE. Both parties are ORDERED
to refrain from doing the following acts:
2.1 Using vulgar, profane, obscene, or indecent language, or a coarse or offensive
manner to communicate with the other party, whether in person, by telephone, or
in writing.
2.2 Threatening the other party in person, by telephone, or in writing to take
unlawful action against any person.
2.3 Placing one or more telephone calls, at an unreasonable hour, in an offensive or
repetitious manner, without a legitimate purpose of communication, or
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anonymously.
2.4 Opening or diverting mail addressed to the other party.
3. PRESERVATION OF PROPERTY AND USE OF FUNDS DURING DIVORCE CASE. If
this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the
following acts:
3.1 Destroying, removing, concealing, encumbering, transferring, or otherwise
harming or reducing the value of the property of one or both of the parties.
3.2 Misrepresenting or refusing to disclose to the other party or to the Court, on
proper request, the existence, amount, or location of any property of one or
both of the parties.
3.3 Damaging or destroying the tangible property of one or both of the parties,
including any document that represents or embodies anything of value.
3.4 Tampering with the tangible property of one or both of the parties, including
any document that represents or embodies anything of value, and causing
pecuniary loss to the other party.
3.5 Selling, transferring, assigning, mortgaging, encumbering, or in any other manner
alienating any of the property of either party, whether personal property or real
estate property, and whether separate or community, except as specifically
authorized by this order.
3.6 Incurring any indebtedness, other than legal expense in connection with this
suit, except as specifically authorized by this order.
3.7 Making withdrawals from any checking or savings account in any financial
institution for any purpose, except as specifically authorized by this order.
3.8 Spending any sum of cash in either party’s possession or subject to either party’s
control for any purpose, except as specifically authorized by this order.
3.9 Withdrawing or borrowing in any manner for any purpose from any retirement,
profit-sharing, pension, death, or other employee benefit plan or employee
savings plan or from any individual retirement account or Keogh account,
except as specifically authorized by this order.
3.10 Signing or endorsing the other party’s name or any negotiable instrument,
check, or draft, such as tax refunds, insurance payments, and dividends, or
attempting to negotiate any negotiable instrument payable to the other party
without the personal signature of the other party.
3.11 Taking any action to terminate or limit credit or charge cards in the name of the
other party.
3.12 Entering, operating, or exercising control over the motor vehicle in the
possession of the other party.
3.13 Discontinuing or altering the withholding for federal income taxes on wages or
salary while this suit is pending.
3.14 Terminating or in any manner affecting the service of water, electricity, gas,
telephone, cable television, or other contractual services, such as security, pest
control, landscaping, or yard maintenance at the other party’s residence or in any
manner attempting to withdraw any deposits for service in connection with such
services.
3.15 Intercepting or recording the other party’s electronic communications.
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