Prepare the Original Petition for Divorce

The Original Petition for Divorce is the legal document that formally initiates your divorce case. This petition tells the court who you are, why you’re seeking a divorce, and what you’re requesting the court to grant.

Understanding the Petition

What is the Original Petition?

The petition is a formal pleading filed with the district court that:

  • Identifies you (the Petitioner) and your spouse (the Respondent)
  • Establishes the court’s jurisdiction over your case
  • States the grounds for divorce
  • Requests specific relief from the court
  • Provides required information about your marriage

Who is the Petitioner and Respondent?

  • Petitioner: The spouse who files the divorce petition (you)
  • Respondent: The other spouse who receives the petition

Required Information for the Petition

Style of the Case

The petition must include proper case styling:

In the Matter of the Marriage of
[PETITIONER'S FULL NAME]
and
[RESPONDENT'S FULL NAME]

In the [District Court Number] District Court
of [County Name] County, Texas

Example:

In the Matter of the Marriage of
JOHN ROBERT SMITH
and
JANE MARIE SMITH

In the 285th District Court
of Bexar County, Texas

Parties’ Information

For each spouse, you’ll provide:

  • Full legal name (as it appears on your marriage certificate)
  • Date of birth
  • Current address
  • Last known address (especially important for the Respondent)
  • Contact information (phone, email)

Marriage Information

  • Date of marriage
  • Place of marriage (city, county, state)
  • Date of separation (if known; “on or about” is acceptable)
  • Marriage certificate (the court generally does not ask for a copy, but you should have it available in the event the court requests one)

Jurisdiction and Venue Allegations

The petition must establish the court’s authority to hear your case:

Texas Residency: “At least one party has been a domiciliary of Texas for the preceding six months and a resident of [County Name] County for the preceding 90 days.”

Venue: State which spouse meets the residency requirements and where they reside.

No Children and No Property Statements

For a simple divorce, you must affirmatively state:

Children:

  • No children were born of this marriage
  • No children were adopted during this marriage
  • Respondent is not pregnant
  • Petitioner is not pregnant

Property:

  • There is no real property (land or home) to be divided
  • There is no community property to be divided, OR
  • Each party agrees to keep the personal property in their possession and debts in their name

Grounds for Divorce

Insupportability:

State that 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.

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

Name Change Request (Optional)

If you wish to restore a prior name, include:

  • Your current legal name
  • The exact prior name you wish to resume
  • Statement that you’re not requesting the name change to avoid creditors or for fraudulent purposes

Example: “Petitioner requests that her name be changed from Jane Marie Smith to her prior name of Jane Marie Johnson.”

Relief Requested

State what you’re asking the court to grant:

  • Grant of divorce
  • Approval of the division of property (or statement of none)
  • Name change (if requested)
  • Any other appropriate relief

Required Forms

1. Original Petition for Divorce (No Children)

This is the main document. Texas courts often have standardized forms, and some counties require their specific version.

Texas Divorce Express provides:

  • County-specific petition if required
  • Statewide self-help petition (if no county-specific form)
  • Properly formatted and completed based on your information

2. Civil Case Information Sheet

Most Texas courts require a Civil Case Information Sheet (or similar e-filing metadata) that provides:

  • Case type and nature of suit
  • Party information
  • Attorney information (or “pro se” if self-represented)
  • Requested trial date
  • Damages sought (typically “not applicable” for divorce)

3. Statement of Inability to Afford Payment of Court Costs (If Applicable)

If you cannot afford the filing fees, you may file an affidavit requesting a fee waiver. This form requires:

  • Details of your income and expenses
  • Verification that you cannot pay the fees
  • Supporting documentation may be required

Completing Your Petition

Information You’ll Need to Gather

Before starting your petition, collect:

  • Marriage certificate (have available in case the court requests it)
  • Both spouses’ full legal names
  • Both spouses’ dates of birth
  • Current addresses for both spouses
  • Social Security numbers (for some counties)
  • Driver’s license or state ID numbers
  • Date and place of marriage
  • Approximate date of separation
  • Prior name to restore (if requesting name change)

How Texas Divorce Express Helps

When you use our service, we:

  1. Collect your information through a secure online questionnaire
  2. Select the correct forms for your county
  3. Prepare your petition with all required information
  4. Review for completeness to ensure nothing is missing
  5. Provide instructions for signing and filing

You’ll receive professionally prepared documents ready for your signature and filing with the court.

Signing the Petition

Who Must Sign

The Petitioner (you) must sign the petition.

Signature Requirements

  • Sign your full legal name as it appears in the petition
  • Use blue or black ink
  • Do not sign until you’re ready to file
  • Include your contact information (address, phone, email)

Attorney Representation

If you’re using Texas Divorce Express for document preparation but not full representation, you may need to indicate “pro se” (representing yourself) on court forms.

Contact Information

Include your current contact information so the court and your spouse can reach you:

  • Mailing address
  • Phone number
  • Email address

Important: This information becomes part of the public court record.

Next Steps

Once your petition is prepared and signed:

Next: Filing Divorce Documents with the Court Back: Can You File for Divorce?

Common Questions

Do I need the original marriage certificate?

The court generally does not ask for a copy of the marriage certificate. However, you should have it available in the event the court requests one. Most courts accept a certified copy from the county where you were married.

What if I don’t know where my spouse lives?

Use the last known address you have. If you genuinely don’t know their current location, you’ll include that in the petition and may need to pursue alternative service methods.

Can I change my mind about the name change later?

It’s easiest to request a name change in your original petition. Adding it later may require amending your petition. If you’re unsure, you can include the request—you’re not required to use the restored name even if granted.

What if my spouse and I were married in another state or country?

That’s fine. Texas courts can grant divorces for marriages that occurred elsewhere, as long as you meet the Texas residency requirements.

How long does it take to prepare the petition?

With Texas Divorce Express, once you complete our online questionnaire, we can typically prepare your documents within 3-5 business days.

This information is for educational purposes and does not constitute legal advice. Every document is prepared or reviewed by a Texas-licensed attorney, or a paralegal under the direction of a Texas-licensed attorney.