Texas Family Law Filing Checklist

Texas Family Law Filing Checklist

Court: [________________________________] District Court

County: [________________________________], Texas

Cause Number: [________________________________]

Case Style: In the Matter of the Marriage of [________________________________]

Petitioner: [________________________________]

Respondent: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Case Type Selection

☐ Divorce (Dissolution of Marriage)
☐ Annulment
☐ Suit Affecting Parent-Child Relationship (SAPCR)
☐ Modification of Prior Order
☐ Enforcement of Prior Order
☐ Protective Order

II. Residency Requirements (Texas Family Code § 6.301)

Divorce

☐ Texas residency: One spouse resided in Texas for 6 months
☐ County residency: Petitioner resided in county for 90 days
☐ Residency satisfied as of filing date

SAPCR

☐ Texas is child's home state (UCCJEA)
☐ Child resided in Texas for 6 months before filing

III. Original Petition for Divorce

Petition Contents

☐ Caption with court and county
☐ Parties' information
☐ Residency allegations
☐ Date of marriage
☐ Date of separation
☐ Grounds for divorce:
☐ Insupportability (no-fault)
☐ Cruelty
☐ Adultery
☐ Conviction of felony
☐ Abandonment
☐ Living apart
☐ Confinement in mental hospital
☐ Property division requests
☐ Spousal maintenance requests
☐ Attorney's fees request
☐ Prayer

If Children

☐ Names and ages of children
☐ Conservatorship requests
☐ Possession and access (visitation)
☐ Child support
☐ Medical support
☐ Dental support

IV. Required Forms and Documents

For Divorce

☐ Original Petition for Divorce
☐ Civil Case Information Sheet
☐ Standing Order (if county requires)
☐ Citation
☐ Information on Suit Affecting Family Relationship (if children)
☐ Certificate of Last Known Address

UCCJEA Declaration

☐ Required if minor children
☐ Child custody jurisdiction information
☐ Children's residence history

Discovery Disclosure Forms

☐ Inventory and Appraisement (community property)
☐ Sworn Inventory forms as required

V. Standing Orders

Automatic Temporary Restraining Order

☐ County has standing order: ☐ Yes ☐ No
☐ Standing order attached to citation
☐ Prohibitions:
☐ Property disposal
☐ Harassment
☐ Removing children from jurisdiction
☐ Canceling insurance

Temporary Restraining Order (if needed beyond standing order)

☐ Application for TRO
☐ Affidavit in support
☐ Proposed TRO
☐ Bond (if applicable)

VI. Filing Fees

District Court Filing Fee

☐ Filing fee: Approximately $300-400 (varies by county)
☐ Fee paid
☐ OR Affidavit of Indigency

VII. Service Requirements

Citation

☐ Citation issued
☐ Service on respondent
☐ Service methods:
☐ Personal service
☐ Certified mail (with respondent's signature)
☐ Substituted service (court order required)
☐ Service by publication (last resort)

Waiver of Service

☐ Respondent may sign Waiver of Citation
☐ Waiver filed with court
☐ No waiting period for service

VIII. Answer and Waiting Period

Answer Deadline

☐ Monday after 20 days from service
☐ Answer deadline: [__/__/____]

Mandatory Waiting Period

☐ 60 days from filing before divorce can be granted
☐ Earliest divorce date: [__/__/____]
☐ Exception: Family violence

IX. Temporary Orders

Temporary Orders Hearing

☐ Motion for Temporary Orders filed
☐ Hearing scheduled: [__/__/____]
☐ Issues addressed:
☐ Temporary custody
☐ Temporary support (child and spousal)
☐ Temporary possession of property
☐ Exclusive use of residence
☐ Payment of debts and bills
☐ Attorney's fees

Required for Temporary Orders

☐ Motion for Temporary Orders
☐ Affidavit in support
☐ Notice to other party
☐ Proposed Temporary Orders

X. Discovery in Family Law Cases

Inventory and Appraisement

☐ Each party prepares sworn inventory
☐ Lists all community property
☐ Lists all separate property
☐ Values included

Standard Discovery

☐ Request for Production
☐ Interrogatories
☐ Requests for Admission
☐ Depositions

Discovery Deadlines

☐ Discovery control plan level designated
☐ Discovery completed before trial

XI. Children - SAPCR Requirements

Conservatorship

☐ Joint managing conservatorship (presumption)
☐ Sole managing conservatorship
☐ Possessory conservatorship

Possession and Access

☐ Standard Possession Order
☐ Expanded Standard Possession Order
☐ Modified possession schedule

Child Support

☐ Child support calculated per guidelines
☐ Guideline percentage:
☐ 1 child: 20% of net resources
☐ 2 children: 25%
☐ 3 children: 30%
☐ 4 children: 35%
☐ 5+ children: 40%
☐ Medical support
☐ Dental support

XII. Mediation Requirement

Court-Ordered Mediation

☐ Many counties require mediation
☐ Mediation scheduled: [__/__/____]
☐ Mediator: [________________________________]
☐ Mediation completed: ☐ Yes ☐ No

If Agreement Reached

☐ Mediated Settlement Agreement signed
☐ Binding on parties
☐ Incorporated into final order

XIII. Final Decree

Agreed Divorce

☐ Mediated or negotiated agreement
☐ Final Decree of Divorce prepared
☐ Both parties sign (or prove up)
☐ 60-day waiting period satisfied
☐ Hearing scheduled: [__/__/____]

Contested Divorce

☐ Trial date: [__/__/____]
☐ Pre-trial requirements completed
☐ Witness list prepared
☐ Exhibits prepared
☐ Property division evidence

Required Final Decree Provisions

☐ Property division
☐ Debt allocation
☐ Spousal maintenance (if any)
☐ If children:
☐ Conservatorship
☐ Possession and access
☐ Child support
☐ Medical/dental support
☐ Tax exemptions for children
☐ Attorney's fees

XIV. Post-Decree Requirements

Qualified Domestic Relations Order (QDRO)

☐ QDRO required for retirement division: ☐ Yes ☐ No
☐ QDRO prepared
☐ QDRO approved by plan administrator

Real Property Transfer

☐ Deed prepared per decree
☐ Recorded in county records

Name Change

☐ Name change requested: ☐ Yes ☐ No
☐ Included in decree

XV. Quality Control Checklist

Before Filing

☐ Residency requirements verified
☐ All required forms completed
☐ Standing order obtained (if applicable)
☐ Filing fee ready

Before Final Hearing

☐ 60-day waiting period satisfied
☐ Service completed
☐ All disclosures made
☐ Mediation completed (if required)
☐ Final decree prepared

XVI. Document Tracking Log

XVII. Key Deadlines

Sources and References

• Texas Family Code: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.1.htm
• Texas State Law Library Family Law: https://guides.sll.texas.gov/family-law
• Local District Court Rules

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]