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NO.
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
TAYLOR BAKER JUDICIAL DISTRICT
ROYCE PYLE, JR. MONTGOMERY COUNTY, TEXAS
ORIGINAL PETITION FOR DIVORCE
Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
2. Objection to Assignment of Case to Associate Judge
Petitioner objects to the assignment of this matter to an associate judge for a trial on the
merits or presiding at ajury trial.
Parties
This suit is brought by Taylor Baker, Petitioner. The last three numbers of Taylor
Baker's driver's license number are 991. The last three numbers of Taylor Baker's Social
Security number are 874.
Royce Pyle, Jr. is Respondent.
Domicile
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.
Service
Process should be served on Respondent wherever he may be found.
Original Petition for Divorce
Baker/Pyle
Page |
Protective OrderStatement
No protective order under title 4 of the Texas Family Code, protective order under
subchapter A of chapter 7B of the Texas Code of Criminal Procedure, or order for emergency
protection under Article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to
party to this suit and no application for any such order is pending.
Dates of Marriage and Separation
The parties were married on or about November and ceased to live together as
spouses on or about June
rounds 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.
Children of the Marriage
There is no child born or adopted of this marriage, and none is expected.
Division of Community Property
Petitioner believes Petitioner and Respondent will enter into an agreement for the
division of their estate. If such an agreement is made, Petitioner requests the Court to approve
the agreement and divide their estate in a manner consistent with the agreement. Tf such an
agreement is not made, Petitioner requests the Court to divide their estate in a manner that the
Court deems just and right, as provided by law.
Separate Property
Petitioner owns certain separate property that is not part of the community estate of the
parties, and Petitioner requests the Court to confirm that separate property as Petitioner's separate
property and estat
Original Petition for Divorce
Baker/Pyle
Page
Notice Regarding Standing Order Regarding Children, Pets, Property and Conduct of
the Parties and for Temporary Restraining Order, Temporary Orders and Injunction
etitioner hereby provides notice to Respondent that effective January 1, 20 the
Montgomery County District Courts and County Courts at Law have issued the Second Amended
ontgomery County Standing Order Regarding Children, Pets, Property and the Conduct of the
Parties, which Standing Order applies in every divorce and every suit affecting the parent child
relationship filed in Montgomery County. A true and correct copy of this Standing Order is
attached to this Original Petition for Divorce and is incorporated herein by reference for all intents
and purposes.
Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of Suzanne Loudin, 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, 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; or, in the alternative, Petitioner requests that reasonable attorney's
fees, expenses, and costs through trial and appeal be taxed as costs and be ordered paid directly
to Petitioner's attorney, who may enforce the order in the attorney's own name. Petitioner
requests postjudgment interest as allowed by law.
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.
Original Petition for Divorce
Baker/Pyle
Page
Respectfully submitted,
EITZER OUDIN ONTGOMERY
350 Nursery Rd., Suite 6101
The Woodlands, Texas 77380
(281) 378-3637 Telephone
(713) 987-4709 Facsimile
suzanne.loudin@rlmlawyers.com
SUZANNE LOUDIN
State Bar No. 24040825
Attorney for Petitioner
Original Petition for Divorce
Baker/Pyle
Page 4
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IN THE 410" AND 418 DISTRICT COURTS
DEC 28 207
AND THE COUNTY COURT AT LAW NUMBER THR! Miller,
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OF MONTGOMERY COUNTY, TEXAS Te
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER REGARDING
CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
THIS MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES IS
BINDING ON (1) THE PARTIES, (2) THE PARTIES’ OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, AND ATTORNEYS, AND (3) ANY OTHER PERSON WHO
ACTS IN CONCERT WITH THE PARTIES OR THEIR AGENTS AND WHO
RECEIVES ACTUAL NOTICE OF THESE ORDERS, AND IS ENFORCEABLE BY
CONTEMPT OF COURT, INCLUDING FINE AND/OR IMPRISONMENT.
No party to this lawsuit has requested this order. Rather, this order is a standing order of
the 410" and 418" District Courts and the County Court at Law Number Three (3) of
Montgomery County, Texas, that applies in every divorce suit and every suit affecting the
parent-child relationship filed in Montgomery County. The 410" and 418" District Courts and
the County Court at Law Number Three (3) of Montgomery County, Texas, have adopted this
order because the parties, their children and the family pets should be protected and their
property preserved while the lawsuit is pending before the court. The term “party” as used in
this order does not include the Office of the Attorney General of Texas. Therefore, it is
ORDERED:
1 NO DISRUPTION OF A CHILD. All parties are ORDERED to refrain from doing the
following acts concerning any child who is a subject of this case:
1.1 Removing the child from the State of Texas, for the purpose of changing the
residence of the child or evading the jurisdiction of the court, acting directly or in
concert with others, without the written agreement of both parties or an order of
the court; provided, however, that this paragraph shall not prohibit or restrict a
party from so removing the child if an active prior court order gives that party the
tight to designate the child’s primary residence outside the State of Texas or
without regard to geographic location.
1.2 Disrupting or withdrawing the child from the school or day-care facility where the
child is presently enrolled, without the written agreement of both parents or an
order of the court; provided, however, that this paragraph shall not prohibit or
restrict a party from so withdrawing the child from a school or day-care facility if
that party is changing the child’s domicile or residence within that party’s rights
pursuant to an active prior court order as described in {1.1 above.
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN. PETS, PROPER TY AND CONDUCT OF THE PARTIES
1.3 Hiding or secreting the child from the other party.
1.4 Changing the child’s current place of abode, without the written agreement of all
parties or an order of the court; provided, however, that this paragraph shall not
prohibit or restrict a party from changing such place of abode if an active prior
court order gives that party the right to designate the child’s primary residence
without geographic restriction, or if the new place of abode lies within the
geographic limits established by that active prior court order.
1.5 Disturbing the peace of the child.
1.6 Making disparaging remarks about another party or another party’s family
members, including but not limited to the child’s grandparents, aunts, uncles,
stepparents, or anyone with whom a party has a dating relationship, in the
presence or within the hearing of the child.
1.7 Discussing with the child, or with any other person in the presence of the child,
any litigation related to the child or any other party.
1.8 If this is an original divorce action, allowing anyone with whom the party has an
intimate or dating relationship to be in the same dwelling or on the same premises
overnight while in the possession of the child. Overnight is defined from 9:00
p.m. until 8:00 a.m.
PROTECTION OF FAMILY PETS OR COMPANION ANIMALS. Ail parties are
to refrain from harming, threatening, interfering with the care, custody, or control of a pet
or companion anima! that is possessed by a person protected by this order or by a
member of the family or household of a person protected by this order,
CONDUCT OF THE PARTIES DURING THE CASE. All parties are ORDERED to
refrain from doing the following acts:
3.1 Intentionally communicating in person or in any other manner. including by
telephone or another electronic voice transmission, video chat, in writing, or
electronic messaging, with the other party by use of vulgar, profane, obscene, or
indecent language or in a coarse or offensive manner, with intent to annoy or
alarm the other party.
3.2 Threatening the other party in person or in any other manner, including by
telephone or another electronic voice transmission, video chat, in writing, or
electronic messaging, to take unlawful action against any person, intending by
this action to annoy or alarm the other party.
3.3 Placing a telephone call, anonymously, at an unreasonable hour, in an offensive
and repetitious manner, or without a legitimate purpose of communication with
the intent to annoy or alarm the other party.
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN. PETS, PROPERTY, AND CONDUCT OF THE PARTIES
2
3.4 Intentionally, knowingly, or recklessly causing bodily injury to the other party or
to a child of either party.
3.5 Threatening the other party or a child ofeither party with imminent bodily injury.
3.6 Opening or diverting mail or e-mail or any other electronic communication
addressed to the other party.
PRESERVATION OF PROPERTY AND USE OF FUNDS DURING DIVORCE
CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain
from doing the following acts:
4.1 Intentionally, knowingly, or recklessly destroying, removing, concealing,
encumbering, transferring, or otherwise harming or reducing the value of the
property of the parties or either party with intent to obstruct the authority of the
court to order a division of the estate of the parties in a manner that the court
deems just and right, having due regard for the rights of each party and any
children of the marriage.
42 Intentionally misrepresenting or refusing to disclose to the other party or to the
court, on proper request, the existence, amount, or location of any tangible or
intellectual property of the parties or either party, including electronically stored
or recorded information.
43 Intentionally or knowingly damaging or destroying the tangible or intellectual
property of the parties or either party, including electronically stored or recorded
information.
4.4 Intentionally or knowingly tampering with the tangible or intellectual property of
the parties or either party, including electronically stored or recorded information,
and causing pecuniary loss or substantial inconvenience to the other party.
45 Except as specifically authorized by the court, selling, transferring, assigning,
mortgaging, encumbering, or in any other manner alienating any of the property
of the parties or either party, regardless of whether the property is (a) personal
property, real property, or intellectual property, or (b) separate and community
property.
4.6 Except as specifically authorized by the court, incurring any debt, other than legal
expenses in connection with the suit for dissolution of marriage.
47 Except as specifically authorized by this order, withdrawing money from any
checking or savings account in a financial institution for any purpose.
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
3
4.8 Except as specifically authorized by the court, spending any money in either
party’s possession or subject to either party’s control for any purpose.
4.9 Except as specifically authorized by the court, withdrawing or borrowing money
in any manner for any purpose from any retirement, profit sharing, pension, death,
or other employee benefit plan, employee savings plan, individual retirement
account, or Keogh account of either party.
4.10 Entering any safe deposit box in the name of or subject to the control of the
parties or either party, whether individually or jointly with others.
4.11 Signing or endorsing the other party’s name on any negotiable instrument, check,
or draft, including a tax refund, insurance payment, and dividend, or attempting to
negotiate any negotiable instrument payable to the other party without the
personal signature of the other party.
4.12 Taking any action to terminate or limit credit or charge credit cards in the name of
the other party.
4.13 Discontinuing or reducing the withholding for federal income taxes from either
party’s wages or salary.
4.14 Terminating or in any manner affecting the service of water, electricity, gas,
telephone, cable television, or other contractual service, including security, pest
control, landscaping, or yard maintenance at the residence of either party, or in
any manner attempting to withdraw any deposit paid in connection with any of
those services.
4.15 Excluding the other party from the use and enjoyment of the other party’s
residence,
4.16 Entering, operating. or exercising control over a motor vehicle in the possession
of the other party.
PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE. “Records” means
any tangible document or recording and includes e-mail or other digital or electronic data,
whether stored on a computer hard drive, diskette or other electronic storage device. If
this is a divorce case, both parties to the marriage are ORDERED to refrain from doing
the following acts:
5.1 Intentionally falsifying a writing or record, including an electronic record, relating
to the property of either party.
oi Destroying, disposing of, or altering any financial records of the parties, including
a canceled check, deposit slip, and other records from a financial institution,
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS. PRORERDS AND CONDUCT OF THE PARTIES
record of credit purchases or cash advances, a tax return, and a financial
statement.
53 Destroying, disposing of, or altering any e-mail, text message, video message, or
chat message or other electronic data or electronically stored information relevant
to the subject matter of the suit for di solution of marriage, regardless of whether
the information is stored on a hard drive, in a removable storage device, in cloud
storage, or in another electronic storage medium.
3.4 Modifying, changing, or altering the native format or metadata of any electronic
data or electronically stored information relevant to the subject matter of the suit
for dissolution of marriage, regardless of whether the information is stored on a
hard drive, in a removable storage device, in cloud storage, or in another
electronic storage medium.
5.5 Deleting any data or content from any social network profile used or created by
either party or a child of the parties.
5.6 Using any password or personal identification number to gain access to the other
party’s e-mail account, bank account, social media account, or any other
electronic account.
INSURANCE IN DIVORCE CASE. If this is a divorce case, both parties to the
marriage are ORDERED to refrain from doing the following acts:
6.1 Except as specifically authorized by the court, withdrawing or borrowing in any
manner all or any part of the cash surrender value of a life insurance policy on the
life of either party or a child of the parties.
6.2 Changing or in any manner altering the beneficiary designation on any life
insurance policy on the life of either party or a child of the parties.
6.3 Canceling, altering, failing to renew or pay premiums on, or in any manner
affecting the level of coverage that existed at the time the suit was filed of, any
life, casualty, automobile, or health insurance policy insuring the parties’ property
or persons, including a child of the parties.
SPECIFIC AUTHORIZATIONS IN DIVORCE CASE. If this is a divorce case, both
parties to the marriage are specifically authorized to do the following:
a To engage in acts reasonable and necessary to conduct each party’s usual business
and occupation.
To make expenditures and incur indebtedness for reasonable attorney’s fees and
expenses in connection with this suit.
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
55
To make expenditures and incur indebtedness for reasonable and necessary living
expenses for food, clothing, shelter, transportation and medical care.
To make withdrawals from accounts in financial institutions only for the purposes
authorized by this order.
SERVICE AND APPLICATION OF THIS ORDER.
The Petitioner shall attach a copy of this order to the original petition and to each
copy of the petition. At the time the petition is filed, if the Petitioner has failed to
attach a copy of this order to the petition and any copy of the petition, the Clerk
shall ensure that a copy of this order is attached to the petition and every copy of
the petition presented.
This order is effective upon the filing of the original petition and shall remain in
full force and effect as a temporary restraining order for fourteen days after the
date of the filing of the original petition. If, after service, no party contests this
order by presenting evidence at a hearing on or before fourteen days after the date
of service of the filing of the original petition, this order shall continue in full
force and effect as a temporary injunction until further notice of the court. This
entire order will terminate and will no longer be effective only upon further order
of the court, entry of a final order, or dismissal of the case.
In addition to any other remedies available for the enforcement of this order, at
the court’s discretion, the court may award reasonable and necessary attorney fees
against a party found to have violated a provision of this order.
EFFECT OF OTHER COURT ORDERS. If any part of this order is different from
any part of a protective order that has already been entered or is later entered, the
protective order provisions prevail. Any part of this order not changed by some later
order remains in full force and effect until the court signs a final order.
10. PARTIES ENCOURAGED TO MEDIATE. The parties are encouraged to settle their
disputes amicably without court intervention. The parties are encouraged to use
alternative dispute resolution methods, such as mediation, to resolve the conflicts that
may arise in this lawsuit. Mediation may be required by the court to which the case is
assigned, and the parties are ordered to comply with any such requirement from said
court.
11 BOND WAIVED. It is ORDERED that the requirement of a bond is waived.
MONTGOMERY COU! SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
6
THIS MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE
PARTIES SHALL BECOME EFFECTIVE ON JANUARY 1, 2023.
HON. JENNIFER JAMES ROBIN
ee
HON. AMY TUCKER
410 Judicial District Court County Court at Law #3
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IN. TRACY A.
418" Judicial District Court
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY. AND CONDUCT OF THE PARTIES