These forms are not a substitute for legal advice

Katy Gill

Informations

• Publié par: Fevil
• Nombre de lectures: 42
• Langue: English

Extrait

***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
bein