On December 31, 2013 a
Complaint,Petition
was filed
involving a dispute between
Rhodes, Sandra Jean,
and
Rhodes, Adam,
for Divorce with Children
in the District Court of Montgomery County.
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Received and E-Filed for Record
3/4/2014 11:36:39 AM
Barbara Gladden Adamick
District Clerk
Montgomery County, Texas
NO. 13-12-13831-CV
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
mmmmtm
SANDRA JEAN RHODES
AND 418th JUDICIAL DISTRICT
ADAM RHODES
AND IN THE INTEREST OF mmmtmm
ADAM PAUL RHODES AND MONTGOMERY COUNTY, TEXAS
CHRISTIAN RHODES, CHILDREN
FIRST AMENDED ORIGINAL PETITION FOR DIVORCE
I . Discovery Level
Discovery in this case is intended to be conducted under Level 2 of Rule 190 of the
Texas Rules 0f Civil Procedure.
2. Parties
This suit is brought by SANDRA JEAN RHODES, Petitioner. The last three numbers 0f
SANDRA JEAN RHODES'S driver's license number are 931. The last three numbers 0f
SANDRA JEAN RHODES'S Social Security number are 007.
ADAM RHODES isRespondent.
3. Domicile
Petitioner has been a domiciliary 0f Texas for the preceding siX-month period and a
resident of this county for the preceding ninety—day period.
4. Service
Respondent has answered and has been served with a copy 0f this First Amended
Original Petition pursuant t0 Rule 21a, Texas Rules of Civil Procedure.
5. Protective Order Statement
No protective order under title 4 of the Texas Family Code is in effect, and no application
for a protective order is pending with regard to the parties to this suit.
6. Dates of Marriage and Separation
The parties were married on or about May 11, 1995 and ceased to live together as
husband and wife on or about November 24, 2013.
7. Grounds for Divorce
The marriage has become insupportable because of discord or conflict of personalities
between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship
and prevents any reasonable expectation of reconciliation.
Respondent is guilty of cruel treatment toward Petitioner of a nature that renders further
living together insupportable.
Respondent has committed adultery.
8. Children of the Marriage
Petitioner and Respondent are parents of the following children of this marriage who are
not under the continuing jurisdiction of any other court:
Name: ADAM PAUL RHODES
Sex: male
Birth date: September 11, 1996
Name: CHRISTIAN RHODES
Sex: male
Birth date: March 2, 2005
There are no court-ordered conservatorships, court-ordered guardianships, or other
court-ordered relationships affecting the children the subject of this suit.
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Information required by Section 154.181(b) of the Texas Family Code will be provided.
No property of consequence is owned or possessed by the children the subject of this suit.
Petitioner and Respondent, on final hearing, should be appointed joint managing
conservators, with all the rights and duties of a parent conservator.
Petitioner should be designated as the conservator who has the exclusive right to
designate the primary residence of the children. Respondent 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. Petitioner requests that the payments for the support of the children
survive the death of Respondent and become the obligations of Respondent's estate.
9. Division of Community Property
Petitioner requests the Court to divide the estate of Petitioner and Respondent in a
manner that the Court deems just and right, as provided by law.
Petitioner should be awarded a disproportionate share of the parties' estate for the
following reasons, including but not limited to:
a. fault in the breakup of the marriage;
b. benefits the innocent spouse may have derived from the continuation of the marriage;
c. disparity of earning power of the spouses and their ability to support themselves;
d. education and future employability of the spouses;
e. earning power, business opportunities, capacities, and abilities of the spouses;
f. need for future support;
g. wasting of community assets by the spouses; and
h. attorney's fees to be paid.
10. Postdivorce Maintenance
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Petitioner requests the Court to order that Petitioner be paid postdivorce maintenance for
a reasonable period in accordance with chapter 8 of the Texas Family Code.
11. Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of James R Jones, 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 Respondent and in favor of Petitioner for the use and benefit of
Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who may enforce the
judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by
law.
12. Prayer
Petitioner prays that citation and notice issue as required by law and that the Court grant
a divorce and all other relief requested in this petition.
Petitioner prays for attorney's fees, expenses, and costs as requested above.
Petitioner prays for general relief.
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Respectfully submitted,
_________________________
James R. Jones
Texas Bar Number 10911450
4185 Technology Forest Blvd., Suite 160
The Woodlands, Texas 77381
(281) 466-1951 Telephone
(210) 547-7846 Telecopier
email lawman77380@gmail.com
Attorney for Petitioner
CERTIFICATE OF SERVICE
I certify that copies of the attached document were served on all counsel and pro se
parties of record on March 4, 2014 pursuant to the Texas Rules of Civil Procedure.
_________________________
James R. Jones
5
Document Filed Date
March 04, 2014
Case Filing Date
December 31, 2013
Category
Divorce with Children
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Received and E-Filed for Record 3/4/2014 11:36:39 AM Barbara Gladden Adamick District Clerk Montgomery County, Texas NO. 13-12-13831-CV IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF mmmmtm SANDRA JEAN RHODES AND 418th JUDICIAL DISTRICT ADAM RHODES AND IN THE INTEREST OF mmmtmm ADAM PAUL RHODES AND MONTGOMERY COUNTY, TEXAS CHRISTIAN RHODES, CHILDREN FIRST AMENDED ORIGINAL PETITION FOR DIVORCE I . Discovery Level Discovery in this case is intended to be conducted under Level 2 of Rule 190 of the Texas Rules 0f Civil Procedure. 2. Parties This suit is brought by SANDRA JEAN RHODES, Petitioner. The last three numbers 0f SANDRA JEAN RHODES'S driver's license number are 931. The last three numbers 0f SANDRA JEAN RHODES'S Social Security number are 007. ADAM RHODES isRespondent. 3. Domicile Petitioner has been a domiciliary 0f Texas for the preceding siX-month period and a resident of this county for the preceding ninety—day period. 4. Service Respondent has answered and has been served with a copy 0f this First Amended Original Petition pursuant t0 Rule 21a, Texas Rules of Civil Procedure. 5. Protective Order Statement No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this suit. 6. Dates of Marriage and Separation The parties were married on or about May 11, 1995 and ceased to live together as husband and wife on or about November 24, 2013. 7. Grounds for Divorce The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. Respondent is guilty of cruel treatment toward Petitioner of a nature that renders further living together insupportable. Respondent has committed adultery. 8. Children of the Marriage Petitioner and Respondent are parents of the following children of this marriage who are not under the continuing jurisdiction of any other court: Name: ADAM PAUL RHODES Sex: male Birth date: September 11, 1996 Name: CHRISTIAN RHODES Sex: male Birth date: March 2, 2005 There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the children the subject of this suit. 2 Information required by Section 154.181(b) of the Texas Family Code will be provided. No property of consequence is owned or possessed by the children the subject of this suit. Petitioner and Respondent, on final hearing, should be appointed joint managing conservators, with all the rights and duties of a parent conservator. Petitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the children. Respondent 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. Petitioner requests that the payments for the support of the children survive the death of Respondent and become the obligations of Respondent's estate. 9. Division of Community Property Petitioner requests the Court to divide the estate of Petitioner and Respondent in a manner that the Court deems just and right, as provided by law. Petitioner should be awarded a disproportionate share of the parties' estate for the following reasons, including but not limited to: a. fault in the breakup of the marriage; b. benefits the innocent spouse may have derived from the continuation of the marriage; c. disparity of earning power of the spouses and their ability to support themselves; d. education and future employability of the spouses; e. earning power, business opportunities, capacities, and abilities of the spouses; f. need for future support; g. wasting of community assets by the spouses; and h. attorney's fees to be paid. 10. Postdivorce Maintenance 3 Petitioner requests the Court to order that Petitioner be paid postdivorce maintenance for a reasonable period in accordance with chapter 8 of the Texas Family Code. 11. Attorney's Fees, Expenses, Costs, and Interest It was necessary for Petitioner to secure the services of James R Jones, 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 Respondent and in favor of Petitioner for the use and benefit of Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who may enforce the judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by law. 12. Prayer Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition. Petitioner prays for attorney's fees, expenses, and costs as requested above. Petitioner prays for general relief. 4 Respectfully submitted, _________________________ James R. Jones Texas Bar Number 10911450 4185 Technology Forest Blvd., Suite 160 The Woodlands, Texas 77381 (281) 466-1951 Telephone (210) 547-7846 Telecopier email lawman77380@gmail.com Attorney for Petitioner CERTIFICATE OF SERVICE I certify that copies of the attached document were served on all counsel and pro se parties of record on March 4, 2014 pursuant to the Texas Rules of Civil Procedure. _________________________ James R. Jones 5