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  • In the Matter of the Marriage of Taylor Baker and Royce Pyle, Jr.Divorce - No Children document preview
  • In the Matter of the Marriage of Taylor Baker and Royce Pyle, Jr.Divorce - No Children document preview
  • In the Matter of the Marriage of Taylor Baker and Royce Pyle, Jr.Divorce - No Children document preview
  • In the Matter of the Marriage of Taylor Baker and Royce Pyle, Jr.Divorce - No Children document preview
  • In the Matter of the Marriage of Taylor Baker and Royce Pyle, Jr.Divorce - No Children document preview
  • In the Matter of the Marriage of Taylor Baker and Royce Pyle, Jr.Divorce - No Children document preview
  • In the Matter of the Marriage of Taylor Baker and Royce Pyle, Jr.Divorce - No Children document preview
  • In the Matter of the Marriage of Taylor Baker and Royce Pyle, Jr.Divorce - No Children document preview
						
                                

Preview

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 REC VED an DFEL ae igy RE Oey, rip Ock MM, IN THE 410" AND 418 DISTRICT COURTS DEC 28 207 AND THE COUNTY COURT AT LAW NUMBER THR! Miller, y) Mery ¢ Herk 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 & [/ IN. TRACY A. 418" Judicial District Court MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER REGARDING CHILDREN, PETS, PROPERTY. AND CONDUCT OF THE PARTIES