Fm-Divd-201 Div Same Sex No Kids Decree

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NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.

Cause Number:

In the Matter of the Marriage of


In the ______________
(Court Number)
Petitioner:
Print first, middle and last name of the spouse filing for divorce.
District Court
And County Court at Law

Respondent: County, Texas


Print first, middle and last name of other spouse.

Final Decree of Divorce


A hearing took place on _____________________. There was no jury. Neither spouse asked for a jury.
Date
1. Appearances
The Petitioner’s name is: ______________________________________________________________.
First Middle Last
(Check one box.)
The Petitioner was present, self-represented, and announced ready for trial.
The Petitioner was present, self-represented, and agreed to the terms of this Final Decree of Divorce
(called “Decree” throughout this document).
The Petitioner was not present but has signed on the last page of this Decree agreeing to the terms
of this Decree.

The Respondent’s name is: ____________________________________________________________.


First Middle Last
(Check one box.)
The Respondent was present, self-represented, and announced ready for trial.
The Respondent was present, self-represented, and agreed to the terms of this Decree.
The Respondent was not present, but filed an Answer or Waiver of Service and has signed on the
last page of this Decree agreeing to the terms of this Decree.
The Respondent was not present but filed a Global Waiver that waived Respondent’s right to notice
of this hearing and did not otherwise appear.
The Respondent was not present, but was served and has defaulted. The Petitioner has filed a
Certificate of Last Known Address and a Military Status Affidavit.

2. Record (The Court fills out this section.)

A court reporter recorded today’s hearing.


A court reporter did not record today’s hearing because the parties agreed not to make a record.
A Statement of the Evidence was signed by the Court.

3. Jurisdiction

The Court heard evidence and finds that it has jurisdiction over this case and the parties, that the
residency and notice requirements have been met, and the Petition for Divorce meets all legal
requirements.

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The Court further finds that: (Check one box.)
It has been at least 60 days since the Petition for Divorce was filed.
The 60 day waiting period is not required because: (Check one box on next page.)
Petitioner has an active Protective Order under Title 4 of the Texas Family Code, or an active
magistrate’s order for emergency protection under Article 17.292 of the Texas Code of Criminal
Procedure against Respondent because Respondent committed family violence during the
marriage.
Respondent has a final conviction or has received deferred adjudication for a crime involving
family violence against Petitioner or a member of Petitioner’s household.

4. Dates of Marriage and Separation (Check ONLY the option that applies to the situation.):

The date of marriage was on or about: _____________________________________________.


Month Day Year
This was an informal (common law) marriage.

5. Divorce
IT IS ORDERED that the Petitioner and the Respondent are divorced.

6. Family Violence Statement


It has been represented to the Court that: (Check ONLY the option that applies to the situation.)

. There has been no pattern of child neglect or family violence by any party to this case during this
lawsuit, while the divorce was pending, or during the two years prior to the filing of this lawsuit.
Or

There has been family violence during this lawsuit, while the divorce was pending, or during the
two years prior to the filing of this lawsuit.

7. Children

7A. No Children Together

The Court finds that Petitioner and Respondent do not have any biological children together who are
under 18 or still in high school. The Court further finds that Petitioner and Respondent did not jointly
adopt any children who are under 18 or still in high school.

7B. Neither spouse is pregnant or expecting a child.


The Court finds that neither spouse is pregnant or expecting a child.

7C. Has either spouse given birth during this marriage to a child who is now under 18
or still in high school? (Check one box.)
No. The Court finds that neither spouse has given birth during this marriage to a child who is now
under 18 or still in high school.
Yes. The Court finds that Petitioner gave birth to the following child(ren) during this marriage but
Respondent is not the legal parent of the child(ren):

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Child’s name Sex Date of Birth

1.

2.

3.

(Check only if true.)


The Court further finds that a court order has established that another person is the legal parent
of the child(ren) listed above. A copy of the court order is attached to this Decree as Exhibit
___.
Yes. The Court finds that Respondent gave birth to the following child(ren) during this marriage but
Petitioner is not the legal parent of the child(ren):
Child’s name Sex Date of Birth

1.

2.

3.

(Check only if true.)


The Court further finds that a court order has established that another person is the legal parent
of the child(ren) listed above. A copy of the court order is attached to this Decree as Exhibit ____.

Note: Parentage of a child born during the marriage may need to be established before you can finish your
divorce. Talk to a family law lawyer who practices LGBTQIA+ law if either spouse gave birth to a child
during the marriage.

8. Property and Debt (Fill in all lines. If there is no property to declare in a category, write “none”.)

The Court finds that the following is a just and right division of the parties’ property and debt.

8A. Petitioner’s Separate Property

The Court confirms that the Petitioner owns the following property as separate property:

1. House or land located at: __________________________________________________________


Street Address City State Zip
Petitioner owned this property before marriage.
Petitioner received this property as a gift or inheritance.

2. Cars, trucks, motorcycles, or other vehicles Petitioner owned these vehicles before marriage or
received them as a gift or inheritance during the marriage:
Year Make Model Vehicle Identification No. [VIN]

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3. Other Money or Property Confirmed as Petitioner’s Separate Property

Petitioner owned the following money or personal property before the marriage or inherited it or
received it as a gift during the marriage:

Petitioner received the following money recovery for personal injuries that occurred during the
marriage that is not for lost wages or medical expenses:

8B. Petitioner’s Community Property

The Court ORDERS that the Petitioner is awarded the following community property as their sole and
separate property and Respondent is divested of (loses) all right, title, interest and claim in and to that
property. Respondent is ORDERED to sign any deeds or documents needed to transfer any property
listed below to the Petitioner. Petitioner is responsible for preparing the documents.
1. All property in Petitioner’s care, custody or control, or in Petitioner’s name, that this Decree does not
give to the Respondent.
2. House or land located at:
Street Address City State Zip
Legal Description:

Note: The legal description is on the deed you received when you became an owner of the house or land. It is
also available at the county clerk’s office in the county where the house or land is located. Do NOT use the legal
description listed on your property tax bill because it is usually incomplete. IT IS VERY IMPORTANT THAT THIS
INFORMATION IS CORRECT. If you are not absolutely sure, talk to a lawyer.
3. All cash and money in any bank or other financial institution listed in Petitioner’s name alone.
4. Any insurance policy that covers Petitioner’s life.
5. Petitioner’s cars, trucks, motorcycles, or other vehicles listed below:

Year Make Model Vehicle Identification No. [VIN]

6. Petitioner will also keep the following property:

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8C. Respondent’s Separate Property
The Court confirms that Respondent owns the following property as separate property:

1. House or land located at: __________________________________________________________


Street Address City State Zip
Respondent owned this property before marriage.
Respondent received this property as a gift or inheritance.

2. Cars, trucks, motorcycles or other vehicles Respondent owned these vehicles before marriage or
received them as a gift or inheritance during the marriage:
Year Make Model Vehicle Identification No. [VIN]

3. Other Money or Property Confirmed as Respondent’s Separate Property


Respondent owned the following money or personal property before the marriage or inherited it or
received it as a gift during the marriage:

Respondent received the following money recovery for personal injuries that occurred during the
marriage that was not for lost wages or medical expenses:

8D. Respondent’s Community Property

The Court ORDERS that the Respondent is awarded the following property as their sole and separate
property and Petitioner is divested of (loses) all right, title, interest and claim in and to that property.
Petitioner is ORDERED to sign any deeds or documents needed to transfer any property listed below to
the Respondent. Respondent is responsible for preparing the documents.
1. All property in Respondent’s care, custody or control, or in Respondent’s name, that this Decree does
not give to the Petitioner.
2. House or land located at:
Street Address City State Zip
Legal Description:

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Note: The legal description is on the deed you received when you became an owner of the house or land. It is
also available at the county clerk’s office in the county where the house or land is located. Do NOT use the legal
description listed on your property tax bill because it is usually incomplete. IT IS VERY IMPORTANT THAT THIS
INFORMATION IS CORRECT. If you are not absolutely sure, talk to a lawyer.

3. All cash and money in any bank or other financial institution listed in Respondent’s name alone.
4. Any insurance policy that covers Respondent’s life.
5. Respondent’s cars, trucks, motorcycles or other vehicles listed below:
Year Make Model Vehicle Identification No. [VIN]

6. Respondent will also keep the following property:

8E. Retirement Funds in Petitioner’s Name


(For example: pension, retirement, 401(k), 403(b), employee stock ownership, profit sharing, thrift, Keogh, and stock
option plans, as well as individual retirement accounts (IRAs), annuities and variable annuity life insurance benefits.)

The Court makes the following orders regarding retirement funds in Petitioner’s name.
(Check 8E(1) or 8E(2).)

8E(1) Petitioner is awarded 100% of all retirement funds in Petitioner’s name alone, including but
not limited to all rights to any pension, retirement, military retirement, 401(k), 403(b),
employee stock ownership, profit sharing, thrift, Keogh, and stock option plans in Petitioner’s
name alone, along with 100% of any individual retirement accounts (IRAs), annuities, and
variable annuity life insurance in Petitioner’s name alone.
8E(2) The following retirement funds in Petitioner’s name are divided between Petitioner and
Respondent:
(It is very important to list the exact name and account number of any retirement fund being
divided by the Court.)
Formal Name of Retirement Fund Account Number

The Court ORDERS that the portion of each retirement fund listed above accrued between
the date of the marriage _____/_____/________ and the date this Final Decree of Divorce is
signed by the Court: (Check one.)
is awarded 50% to Petitioner and 50% to Respondent and as more specifically
described in the Qualified Domestic Relations Order signed by the Court.
is awarded ______% to Petitioner and ______% to Respondent and as more
specifically described in the Qualified Domestic Relations Order signed by the
Court.

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is awarded $ __________________ to Respondent and the remainder to Petitioner
and as more specifically described in the Qualified Domestic Relations Order
signed by the Court.

other:

The Court ORDERS that Petitioner is awarded all retirement funds in Petitioner’s name alone
that are not specifically awarded to Respondent above.

The Court checks this box, if applicable.

A Qualified Domestic Relations Order was signed by the Court on the same day this
Final Decree of Divorce was signed by the Court.

8F. Retirement Funds in Respondent’s Name


(For example: pension, retirement, 401(k), 403(b), employee stock ownership, profit sharing, thrift, Keogh, and stock
option plans, as well as individual retirement accounts (IRAs), annuities and variable annuity life insurance benefits.)

The Court makes the following orders regarding retirement funds in Respondent’s name.
(Check 8F(1) or 8F(2).)

8F(1) Respondent is awarded 100% of all retirement funds in Respondent’s name alone, including
all rights to any pension, retirement, military retirement, 401(k), 403(b), employee stock
ownership, profit sharing, thrift, Keogh, and stock option plans in Respondent’s name alone,
along with 100% of any individual retirement accounts (IRAs), annuities, and variable annuity
life insurance in Respondent’s name alone.

8F(2) The following retirement funds in Respondent’s name are divided between Petitioner and
Respondent:
(It is very important to list the exact name and account number of any retirement fund being divided by the
Court. )

Formal Name of Retirement Fund Account Number

The Court ORDERS that the portion of each retirement fund listed above accrued between
the date of the marriage _____/_____/________ and the date this Final Decree of Divorce is
signed by the Court: (Check one.)

is awarded 50% to Respndent and 50% to Petitioner and as more specifically


described in the Qualified Domestic Relations Order signed by the Court.

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is awarded ______% to Petitioner and ______% to Respondent and as more
specifically described in the Qualified Domestic Relations Order signed by the
Court.
is awarded $ __________________ to Petitioner and the remainder to Respondent
and as more specifically described in the Qualified Domestic Relations Order
signed by the Court.
other:

The Court ORDERS that Respondent is awarded all retirement funds in Respondent’s name
alone that are not specifically awarded to Petitioner above.

The Court checks this box, if applicable.

A Qualified Domestic Relations Order was signed by the Court on the same day this
Final Decree of Divorce was signed by the Court.

8G. Debts to Petitioner


The Court ORDERS Petitioner to pay the debts listed below:
1. All debts, taxes, bills, liens, and other charges, past, present and future, that are in Petitioner’s name
alone unless this Decree requires otherwise.
2. Any debt Petitioner incurred after separation. Date of separation: ____________________________.
Month Day Year
3. The balance due on any loan or mortgage for the real property (house or land) that this Decree gives
to Petitioner alone.
4. The balance due on any loan for any vehicles that this Decree gives to Petitioner alone.
5. All other debts listed below, which are not in Petitioner’s name alone: (such as credit cards, student
loans, medical bills, income taxes)

8H. Debts to Respondent

The Court ORDERS Respondent to pay the debts listed below:


1. All debts, taxes, bills, liens, and other charges, present and future, that are in Respondent’s name
alone unless this Decree requires otherwise.
2. Any debt Respondent incurred after separation. Date of separation: __________________________.
Month Day Year
3. The balance due on any loan or mortgage for the real property that this Decree gives to Respondent
alone.
4. The balance due on any loan for any vehicles that this Decree gives to Respondent alone.

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5. All other debts listed below, which are not in Respondent’s name alone: (such as credit cards, student
loans, medical bills, income taxes)

9. Muniment of Title

This Decree shall serve as a muniment of title to transfer ownership of all property awarded to
any party in this Final Decree of Divorce. (A “muniment of title” creates an official record of
ownership transfer.)

10. Name Change


The Court ORDERS the name of the: (Check all boxes that apply.)
Petitioner changed back to a name used before marriage, as it appears below:
________________________________________________________________________________
First Middle Last

Respondent changed back to a name used before marriage, as it appears below:


________________________________________________________________________________
First Middle Last

11. Court Costs


The costs of court shall be paid by the spouse who incurred them to the extent the party is required to pay
such costs. A spouse who filed an Affidavit of Indigency or Declaration of Indigency that was not
successfully contested is not required to pay court costs.

12. Other Orders


The court has the right to make other orders, if needed, to clarify or enforce the orders above.

13. Final Orders


Any orders requested that do not appear above are denied. This Decree is a final judgment that disposes
of all claims and all parties and is appealable.

Date of Judgment Judge’s Signature

Judge’s Printed Name

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By signing below, the Petitioner agrees to the form and substance of this Final Decree of Divorce.

Petitioner’s Signature Phone number

Petitioner’s Name (print) Date

Mailing
Address:

Email:
Fax:
(if available)

By signing below, the Respondent agrees to the form and substance of this Final Decree of
Divorce.

Respondent’s Signature Phone number

Respondent’s Name (print) Date

Mailing
Address:

Email:
Fax:
(if available)

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