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360-564975-14 FILED
TARRANT COUNTY
10/23/2014 1:57:54 PM
THOMAS A. WILDER
DISTRICT CLERK
NO. 360-564975-14
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
DIONNE TUBERVILLE §
AND § 360TH JUDICIAL DISTRICT
DAVID E. TUBERVILLE §
§
AND IN THE INTEREST OF §
T.T.T., K.M.T. AND J.E.T., CHILDREN § TARRANT COUNTY, TEXAS
RESPONDENT'S ORIGINAL ANSWER, ORIGINAL COUNTERPETITION, AND
DEMAND FOR TRIAL BY JURY
David E. Tuberville, Respondent, files this Original Answer to Original Petition for
Divorce. The last three numbers of David E. Tuberville's driver's license number are 633. The
last three numbers of David Tuberville’s Social Security number aree 809.
1. General Denial
Respondent enters a general denial.
2. Objection to Assignment of Case to Associate Judge
Respondent objects to the assignment of this matter to an associate judge for a trial on the
merits or presiding at a jury trial.
3. Information about Children
Information required by section 154.181(b) of the Texas Family Code is provided in the
statement attached as Exhibit A.
4. Intentional, Knowing, or Reckless Bodily Injury
Respondent contends that at the time and place alleged in Petitioner's Original Petition,
Respondent was acting -
a. unintentionally, unknowingly, and not recklessly.
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5. Threat of Imminent Bodily Injury/Offensive or Provocative Physical Contact
Respondent contends that at the time and place alleged in Petitioner's Original Petition,
Respondent was acting -
a. in response to verbal provocation; and/or
b. in self-defense.
6 Discovery Level
Discovery in this case is intended to be conducted under Level 2 of rule 190 of the Texas
Rules of Civil Procedure..
7. Parties
This counterclaim suit is brought by David Tuberville, Counter-Petitioner. The last three
numbers of David Tuberville’s driver’s license number are 633. The last three numbers of David
Tuberville’s Social Security number are 809.
Dionne Tuberville is Counter-Respondent
8. Domicile
Counter-petitioner has been a domiciliary of Texas for the preceding six-month period
and a resident of this county for the preceding ninety-day period.
9. Service
Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil
Procedure, by serving Counterrespondent’s attorney of record, J. Spencer Nilsson.
10. Protective Order Statement
A protective order was issued by this court in Cause No. 360-654975-14 and was entered
on October 14, 2014. A copy of the protective order is attached to this counterpetition as Exhibit
B.
360-564975-14
11. Dates of Marriage and Separation
The parties were married on or about November 22, 2008 and ceased to live together as
husband and wife on or about October 7, 2014
12. Grounds for Divorce
The marriage has become insupportable because of discord or conflict of personalities
between Counterpetitioner and Counterrespondent that destroys the legitimate ends of the
marriage relationship and prevents any reasonable expectation of reconciliation.
Counterrespondent is guilty of cruel treatment toward Counterpetitioner of a nature that
renders further living together insupportable.
Counterrespondent has committed adultery.
13. Children of the Marriage
Counterpetitioner and Counterrespondent are the parents of the following children of this
marriage who are not under the continuing jurisdiction of any other court:
Name: Kristin Marie Tuberville
Sex: Female
Birth Date: May 1, 2009
Name: Joshua Edward Tuberville
Sex: Male
Birth Date: July 9, 2011
There are no court-ordered conservatorships, court-ordered guardianships, or other court-
ordered relationships affecting the child the subject of this suit.
Information required by section 154.181(b) of the Texas Family Code is provided in the
statement attached as Exhibit A.
No property of consequence is owned or possessed by the child the subject of this suit.
Counterpetitioner and Counterrespondent, on final hearing, should be appointed joint
360-564975-14
managing conservators, with all the rights and duties of a parent conservator.
Counterpetitioner should be designated as the conservator who has the exclusive
right to designate the primary residence of the children. Counterrespondent should be ordered to
make payments for the support of the children and to provide medical child support in the
manner specified by the Court. Counterpetitioner requests that the payments for the support of
the children survive the death of Counterrespondent and become the obligations of
Counterrespondent's estate.
Counterpetitioner requests the Court to order reasonable periods of electronic
communication between the children and Counterpetitioner to supplement Counterpetitioner's
periods of possession of the children.
Counterrespondent has a history or pattern of committing family violence during the two-
year period preceding the date of filing of this suit. If the Court finds that awarding
Counterrespondent access to the children would not endanger the children's physical health or
emotional welfare and would be in the best interest of the children, Counterpetitioner requests
that the Court render a possession order that is designed to protect the safety and well-being of
the children and any other person who has been a victim of family violence committed by
Counterrespondent, including but not limited to ordering that the periods of access be
continuously supervised by an entity or person chosen by the Court, ordering that the exchange
of possession of the children occur in a protective setting, ordering Counterrespondent to refrain
from the consumption of alcohol or a controlled substance within the twelve hours before or
during the period of access to the children, and ordering Counterrespondent to attend and
complete a battering intervention and prevention program or, if such a program is not available,
to complete a course of treatment with a mental health professional in accordance with section
360-564975-14
153.010 of the Texas Family Code.
The requested orders are in the best interest of the children.
14. Division of Community Property
Counterpetitioner believes Counterpetitioner and Counterrespondent will enter into an
agreement for the division of their estate. If such an agreement is made, Counterpetitioner
requests the Court to approve the agreement and divide their estate in a manner consistent with
the agreement. If such an agreement is not made, Counterpetitioner requests the Court to divide
their estate in a manner that the Court deems just and right, as provided by law.
15. Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Respondent to secure the services of Alexander Kim, a licensed
attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the
parties and as a part of the division, and for services rendered in connection with conservatorship
and support of the children, judgment for attorney's fees, expenses, and costs through trial and
appeal should be granted against Petitioner and in favor of Respondent for the use and benefit of
Respondent's attorney and be ordered paid directly to Respondent's attorney, who may enforce
the judgment in the attorney's own name. Respondent requests post-judgment interest as allowed
by law.
16. Prayer
Respondent prays that Petitioner take nothing and that Respondent be granted a divorce
and all relief requested in this Original Answer and Original Counterpetition
Respondent also prays for attorney's fees, expenses, costs, and interest as requested
above.
360-564975-14
Respondent requests a jury trial and pays the jury fee of $30.00.
Respondent prays for general relief.
Respectfully submitted,
Alexander Kim, Attorney at Law
3005 E. Belknap Street
Fort Worth, Texas 76111
Tel: (817) 834-2842
Fax: (817) 420-9644
By:
Alexander Kim
State Bar No. 24057944
Attorney for Respondent
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on October 22, 2014.
/s/ Alex Kim
Alexander Kim
Email: alex@alexkim.com
Attorney for Respondent
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360-564975-14 FILED TARRANT COUNTY 10/23/2014 1:57:54 PM THOMAS A. WILDER DISTRICT CLERK NO. 360-564975-14 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § DIONNE TUBERVILLE § AND § 360TH JUDICIAL DISTRICT DAVID E. TUBERVILLE § § AND IN THE INTEREST OF § T.T.T., K.M.T. AND J.E.T., CHILDREN § TARRANT COUNTY, TEXAS RESPONDENT'S ORIGINAL ANSWER, ORIGINAL COUNTERPETITION, AND DEMAND FOR TRIAL BY JURY David E. Tuberville, Respondent, files this Original Answer to Original Petition for Divorce. The last three numbers of David E. Tuberville's driver's license number are 633. The last three numbers of David Tuberville’s Social Security number aree 809. 1. General Denial Respondent enters a general denial. 2. Objection to Assignment of Case to Associate Judge Respondent objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial. 3. Information about Children Information required by section 154.181(b) of the Texas Family Code is provided in the statement attached as Exhibit A. 4. Intentional, Knowing, or Reckless Bodily Injury Respondent contends that at the time and place alleged in Petitioner's Original Petition, Respondent was acting - a. unintentionally, unknowingly, and not recklessly. 360-564975-14 5. Threat of Imminent Bodily Injury/Offensive or Provocative Physical Contact Respondent contends that at the time and place alleged in Petitioner's Original Petition, Respondent was acting - a. in response to verbal provocation; and/or b. in self-defense. 6 Discovery Level Discovery in this case is intended to be conducted under Level 2 of rule 190 of the Texas Rules of Civil Procedure.. 7. Parties This counterclaim suit is brought by David Tuberville, Counter-Petitioner. The last three numbers of David Tuberville’s driver’s license number are 633. The last three numbers of David Tuberville’s Social Security number are 809. Dionne Tuberville is Counter-Respondent 8. Domicile Counter-petitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period. 9. Service Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Counterrespondent’s attorney of record, J. Spencer Nilsson. 10. Protective Order Statement A protective order was issued by this court in Cause No. 360-654975-14 and was entered on October 14, 2014. A copy of the protective order is attached to this counterpetition as Exhibit B. 360-564975-14 11. Dates of Marriage and Separation The parties were married on or about November 22, 2008 and ceased to live together as husband and wife on or about October 7, 2014 12. Grounds for Divorce The marriage has become insupportable because of discord or conflict of personalities between Counterpetitioner and Counterrespondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. Counterrespondent is guilty of cruel treatment toward Counterpetitioner of a nature that renders further living together insupportable. Counterrespondent has committed adultery. 13. Children of the Marriage Counterpetitioner and Counterrespondent are the parents of the following children of this marriage who are not under the continuing jurisdiction of any other court: Name: Kristin Marie Tuberville Sex: Female Birth Date: May 1, 2009 Name: Joshua Edward Tuberville Sex: Male Birth Date: July 9, 2011 There are no court-ordered conservatorships, court-ordered guardianships, or other court- ordered relationships affecting the child the subject of this suit. Information required by section 154.181(b) of the Texas Family Code is provided in the statement attached as Exhibit A. No property of consequence is owned or possessed by the child the subject of this suit. Counterpetitioner and Counterrespondent, on final hearing, should be appointed joint 360-564975-14 managing conservators, with all the rights and duties of a parent conservator. Counterpetitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the children. Counterrespondent should be ordered to make payments for the support of the children and to provide medical child support in the manner specified by the Court. Counterpetitioner requests that the payments for the support of the children survive the death of Counterrespondent and become the obligations of Counterrespondent's estate. Counterpetitioner requests the Court to order reasonable periods of electronic communication between the children and Counterpetitioner to supplement Counterpetitioner's periods of possession of the children. Counterrespondent has a history or pattern of committing family violence during the two- year period preceding the date of filing of this suit. If the Court finds that awarding Counterrespondent access to the children would not endanger the children's physical health or emotional welfare and would be in the best interest of the children, Counterpetitioner requests that the Court render a possession order that is designed to protect the safety and well-being of the children and any other person who has been a victim of family violence committed by Counterrespondent, including but not limited to ordering that the periods of access be continuously supervised by an entity or person chosen by the Court, ordering that the exchange of possession of the children occur in a protective setting, ordering Counterrespondent to refrain from the consumption of alcohol or a controlled substance within the twelve hours before or during the period of access to the children, and ordering Counterrespondent to attend and complete a battering intervention and prevention program or, if such a program is not available, to complete a course of treatment with a mental health professional in accordance with section 360-564975-14 153.010 of the Texas Family Code. The requested orders are in the best interest of the children. 14. Division of Community Property Counterpetitioner believes Counterpetitioner and Counterrespondent will enter into an agreement for the division of their estate. If such an agreement is made, Counterpetitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement. If such an agreement is not made, Counterpetitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law. 15. Attorney's Fees, Expenses, Costs, and Interest It was necessary for Respondent to secure the services of Alexander Kim, a licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the children, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Petitioner and in favor of Respondent for the use and benefit of Respondent's attorney and be ordered paid directly to Respondent's attorney, who may enforce the judgment in the attorney's own name. Respondent requests post-judgment interest as allowed by law. 16. Prayer Respondent prays that Petitioner take nothing and that Respondent be granted a divorce and all relief requested in this Original Answer and Original Counterpetition Respondent also prays for attorney's fees, expenses, costs, and interest as requested above. 360-564975-14 Respondent requests a jury trial and pays the jury fee of $30.00. Respondent prays for general relief. Respectfully submitted, Alexander Kim, Attorney at Law 3005 E. Belknap Street Fort Worth, Texas 76111 Tel: (817) 834-2842 Fax: (817) 420-9644 By: Alexander Kim State Bar No. 24057944 Attorney for Respondent Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on October 22, 2014. /s/ Alex Kim Alexander Kim Email: alex@alexkim.com Attorney for Respondent