The Work of Filing Free Divorce Papers

When contemplating a divorce, there are some free divorce papers that can be found online that individuals can fill out on their own. Almost all of the necessary paperwork is available, but there is a large amount of it that has to be filled out and filed at the proper time and to the proper people, so it is often wise to get help with the process. When the person obtains the divorce, the proceedings and paperwork go down in the divorce records which are then public domain since they have gone through the court system and are not involving minors.

Process

The first part of the process is filling out the free divorce papers. Some of the information is just basic about the people who are involved in the divorce proceedings, including any children. However, there are some parts of the free divorce papers that are not as simple to fill out. For instance, the person will have to give reason for the divorce to take place so that the court can rule whether there are grounds for a divorce. In some cases this might mean that the person will have to state that the other partner has been unfaithful to them, and in other cases it might involve abuse by the other partner. There are also cases where there are just irreconcilable differences that do not involve either of those two, more extreme issues.

Another part of filling out the free divorce papers is to list the assets that are owned by the couple. The person will have to tell the court how the assets should be divided in his opinion. This can take some time since there are often cars, homes, bank accounts and other investments that have to be taken into consideration. Another difficult issue to decide in the free divorce paperwork is the custody of the children and how the visitation will be held. In cases where the couple has agreed on the divorce, this might not be as much of an issue, but in cases where the divorce is contested, the free divorce papers can take much negotiation to reach a conclusion over custody issues.

Once the initial free divorce papers have been filed, then the individual must give service of process to the other person involved, so that his lawyer has the information in the free divorce papers. In this way, the other party can read through and contest any issues in the response that they file with the court. If there are any disagreements, these are usually worked out before the final dissolution of marriage is filed for the court to approve in order to avoid a costly trial.

Uncontested Divorce – About this Form: This is a no-fault divorce form for use within the State of Texas (ORIGINAL PETITION FOR DIVORCE). Most courts will require that this form be completed and filed along with a Marital Settlement Agreement. Please note that in Paragraph 5 (Grounds for Divorce), the Petitioner will need to specify grounds for divorce that are recognized as valid within the State of Texas. Texas law recognizes only the following grounds as sufficient for granting a no-fault divorce: (1) the marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation; or (2) living separate and apart without cohabitation for three years.

ORIGINAL PETITION FOR DIVORCE

IN THE DISTRICT COURT OF ______________________ COUNTY, TEXAS, __________________ JUDICIAL DISTRICT

The Petitioner, _______________________________, respectfully declares the
following:
 
1. Petitioner’s  Residence:  Petitioner  resides at
____________________________________________________________________ [insert Petitioner's address] and has been a resident of the State of Texas for _________ [insert period of residence in months and years].

2. Respondent’s  Residence:  Respondent resides at
____________________________________________________________________ [insert Respondent's address] and has been a resident of the State of Texas for _________ [insert period of residence in months and years].

3. Marriage:  On ______________________, _____, in; __________________ (city), __________________ (county), __________________ (state), the Petitioner and Respondent married. An official copy of the marriage license is attached to this ORIGINAL PETITION FOR DIVORCE.

4. Jurisdiction:  This Court is that of proper jurisdiction to hear this cause. The Respondent has agreed to file an Affidavit of Consent in this cause.  Neither the Petitioner or Respondent has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.

5. Grounds for No-Fault:  Petitioner wishes a dissolution of marriage with Respondent based on the following grounds:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the State of Texas. Sufficient basis for a no-fault divorce within Texas is limited to the following: (1) the marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation; or (2) living separate and apart without cohabitation for three years.

6. Marital Settlement Agreement:  Petitioner and Respondent ___________ have (copy attached) ___________ have not entered into a Marital Settlement Agreement.

7. Other Declarations:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

NOW, THEREFORE, Petitioner requests that the court order a DECREE OF DIVORCE and such further relief as Petitioner may have requested herein.
 

Verification

I, ______________________________________________[name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing ORIGINAL PETITION FOR DIVORCE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it.
 

Subscribed and sworn to before me on this ____ day of __________________, 20_____.
 
 
__________________________________
Notary

AFFIDAVIT OF CONSENT

IN THE DISTRICT COURT OF ______________________ COUNTY, TEXAS, __________________ JUDICIAL DISTRICT

1. A ORIGINAL PETITION FOR DIVORCE was filed between Petitioner and Respondent on the
_________ day of __________________, 20____.

2. The marriage between Petitioner and Respondent is irretrievably broken and
efforts at reconciliation have failed.

3. I, _______________________________, have received a copy of the ORIGINAL PETITION FOR DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the ORIGINAL PETITION FOR DIVORCE. I do hereby consent to the relief requested in therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Petitioner and Respondent. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the ORIGINAL PETITION FOR DIVORCE.

4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause.

5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it.

STATE OF TEXAS COUNTY OF ________________

Subscribed and sworn to before me on this ____ day of __________________,
20_____.
 
 
__________________________________
Notary