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NO. 22-04-04482
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
GISELA SARA GONZALEZ
AND 418TH JUDICIAL DISTRICT
LAWRENCE GONZALEZ
AND IN THE INTEREST OF
LAWRENCE C. GONZALEZ, A CHILD § MONTGOMERY COUNTY, TEXAS
FIRST AMENDED COUNTER-PETITION FOR DIVORCE
1 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. Parties
This suit is brought by LAWRENCE GONZALEZ, Counter-Petitioner. The last three
numbers of LAWRENCE GONZALEZ! driver's license number are 388. The last three
numbers of LAWRENCE GONZALEZ Social Security number are 282.
GISELA SARA GONZALEZ is Counter-Respondent.
3. 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.
4. Service
Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil
Procedure, by serving Counter-Respondent's attorney of record, Katherine Bihm, 208 W. Davis
St., Conroe, Texas 77301.
5. Protective Order Statement
No protective order under title 4 of the Texas Family Code, protective order under
chapter 7A 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 a party to this
First Amended Counter-Petition for Divorce
Page 1 OF 6
suit or a child of a party to this suit and no application for any such order is pending.
6. Dates of Marriage and Separation
The parties were married on or about July 4, 2015 and have ceased to live together as
spouses.
7. Grounds for Divorce
The marriage has become insupportable because of discord or conflict of personalities
between Counter-Petitioner and Counter-Respondent that destroys the legitimate ends of the
marriage relationship and prevents any reasonable expectation of reconciliation.
8 Child of the Marriage
Counter-Petitioner and Counter-Respondent are parents of the following child of this
marriage who is not under the continuing jurisdiction of any other court:
Name: LAWRENCE C. GONZALEZ
Sex: Male
Birth date: xx/xx/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) and section 154.1815 of the Texas Family
Code will be supplemented.
No property of consequence is owned or possessed by the child the subject of this suit.
Petitioner and Respondent, on final hearing, should be appointed joint managing
conservators of the child the subject of this suit.
LAWRENCE GONZALEZ should be designated as the joint managing conservator
who has the following exclusive rights over the child, whether collectively, independently,
alternatively, or in any combination deemed to be in the child’s best interest:
a. The exclusive right to establish the primary residence of the child within
Montgomery County, Texas;
The exclusive right to receive and give receipt for periodic payments for the
support of the child and to hold or disburse these funds for the benefit of the child;
The exclusive right to make decisions concerning the child’s education;
First Amended Counter-Petition for Divorce
Page 2 OF 6
The exclusive right to enroll the child in school;
The exclusive right to consent to medical, dental, and surgical treatment involving
invasive procedures and to consent to psychiatric and psychological treatment of
the child;
The exclusive right to represent the child in legal action and to make other
decisions of substantial legal significance concerning the child;
The exclusive right to consent to enlistment in the armed forces of the United
States;
The exclusive right to the services and earnings of the child; and
Except when a guardian of the child’s estate or a guardian or attorney ad litem has
been appointed for the child, the exclusive right to act as an agent of the child in
relation to the child’s estate if the child’s action is required by a state, the United
States, or a foreign government.
Counter-Respondent should be ordered to provide support for the child, including the
payment of child support and medical and dental support in the manner specified by the Court.
Counter-Petitioner requests that the payments for the support of the child survive the death of
Counter-Respondent and become the obligations of Counter-Respondent's estate.
Counter-Petitioner requests that the Court enter appropriate orders for possession of and
access to the child by Counter-Respondent.
The primary residence of the child should be restricted to Montgomery County, Texas.
9. Division of Community Property
Counter-Petitioner requests the Court to divide the estate of Counter-Petitioner and
Counter-Respondent in a manner that the Court deems just and right, as provided by law.
Counter-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;
community indebtedness and liabilities;
First Amended Counter-Petition for Divorce
Page 3 OF 6
nature of the property involved in the division;
wasting of community assets by the spouses;
attorney's fees to be paid; and
& creation of community property through the use of a spouse's separate estate.
10. Separate Property
Counter-Petitioner owns certain separate property that is not part of the community estate
of the parties, and Counter-Petitioner requests the Court to confirm that separate property as
Counter-Petitioner's separate property and estate.
I. Reimbursement
Counter-Petitioner requests the Court to reimburse Counter-Petitioner's separate estate for
funds or assets expended by Counter-Petitioner's separate estate for the benefit of the
community. Those expenditures resulted in a direct benefit to the community estate. Counter-
Petitioner's separate estate has not been adequately compensated for or benefited from the
expenditure of those funds or assets, and a failure by the Court to allow reimbursement to
Counter-Petitioner's separate estate will result in an unjust enrichment of the community estate at
the expense of Counter-Petitioner's separate estate.
12. Request for Temporary Orders Concerning Use of Property
Counter-Petitioner requests the Court, after notice and hearing, for the preservation of the
property and protection of the parties, to make temporary orders and issue any appropriate
temporary injunctions respecting the temporary use of the parties' property as deemed necessary
and equitable, including but not limited to the following:
1 Awarding Counter-Petitioner the exclusive use and possession of the residence
located at 27 Bracken Fern Ct., Spring, Texas 77380, as well as the furniture, furnishings, and
other personal property at that residence, while this case is pending, and enjoining Counter-
Respondent from entering or remaining on the premises of the residence and exercising
possession or control of any of this personal property, except as authorized by order of this
Court.
2. Awarding Counter-Petitioner exclusive use and control of the motor vehicle in the
possession of Counter-Petitioner and enjoining Counter-Respondent from entering, operating, or
exercising control over it.
First Amended Counter-Petition for Divorce
Page 4 OF 6
13. Request for Temporary Orders Regarding Child
Counter-Petitioner requests the Court, after notice and hearing, to dispense with the
necessity of a bond and to make temporary orders and issue any appropriate temporary
injunctions for the safety and welfare of the child of the marriage as deemed necessary and
equitable, including but not limited to the following:
1 Appointing Counter-Petitioner and Counter-Respondent temporary joint
managing conservators, and designating Counter-Petitioner as the conservator who has the
exclusive right to designate the primary residence of the child, the exclusive right to consent to
medical, dental, and surgical treatment involving invasive procedures, the exclusive right to
consent to psychiatric and psychological treatment of the child, the exclusive right to make
decisions concerning the child’s education, the exclusive right to enroll the child in school, and
the exclusive right to receive and give receipt for periodic payments for the support of the child
and to hold or disburse these funds for the benefit of the child.
2. Ordering Counter-Respondent to provide support for the child, including the
payment child support and medical and dental support in the manner specified by the Court,
while this case is pending.
3 Restricting the residence of the child to Montgomery County, Texas.
14. Montgomery County Standing Order
Petitioner hereby provides notice to Respondent that effective January 1, 2014, the
Montgomery County District Courts and County Courts at Law have issued the Montgomery
County First Amended 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, Texas. A true and correct copy of this Standing
Order is attached to this First Amended Counter-Petition for Divorce as Exhibit A and is
incorporated herein by reference for all intents and purposes.
15. Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Counter-Petitioner to secure the services of STEPHEN D.
JACKSON, a licensed attorney, and the law firm of STEPHEN D. JACKSON PLLC, 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
child, judgment for attorney's fees, expenses, and costs through trial and appeal should be
granted against Counter-Respondent and in favor of Counter-Petitioner for the use and benefit of
Counter-Petitioner's attorney and be ordered paid directly to Counter-Petitioner's attorney, who
may enforce the judgment in the attorney's own name. Counter-Petitioner requests postjudgment
interest as allowed by law.
First Amended Counter-Petition for Divorce
Page 5 OF 6
16. Prayer
Counter-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 counterpetition.
Counter-Petitioner prays for attorney's fees, expenses, costs, and interest as requested
above.
Counter-Petitioner prays for general relief.
Respectfully submitted,
Stephen D. Jackson PLLC
215 Simonton
Conroe, TX 77301
Tel: (936) 756-5744
Fax: (936) 756-5842
By BA]
Ste phen
State Bara
steve@stevejacksonlaw.com
Attorneys for LAWRENCE GONZALEZ
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 the _/2- day of December, 2022.
BK
Stephtén D. Jackso:
Attorneys for LA’ W)EN E GONZALEZ
First Amended Counter-Petition for Divorce
Page 6 OF 6
EXHIBIT A
IN THE DISTRICT COURTS AND COUNTY COURTS AT LAW
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OF MONTGOMERY COUNTY, TEXAS 13 2019
by
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MONTGOMERY CO ‘Y FIR AMENDED STANDING ORDER.
CHILDREN, PETS. PROPERTY AND CONDUCT OF THE PAR’ TYDeputy
Texas
THIS MONTGOMERY COUNTY FIRST 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 Montgomery County District Courts and County Courts at Law that applies
in every divorce suit and every suit affecting the parent-child relationship filed in
Montgomery County. The District Courts and County Courts at Law 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 CHILDREN. All parties are ORDERED to refrain from
doing the following acts concerning any children who are subjects of this case:
11 Removing the children from the State of Texas, for the purpose of
changing the residence of the children 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
children if an active prior court order gives that party the right to designate
the children’s primary residence outside the State of Texas or without
regard to geographic location.
1.2 Disrupting or withdrawing the children fiom the school or day-care
facility where the children are 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
children from a school or day-care facility if that party is changing the
childreit?s domicile or residence within that party’s rights pursuant to an
active prior court order as described in {1.1 above.
13 Hiding or secreting the children from the other party.
14 Changing the children’s current place of abode, without the written
agreement of all parties or an order of the court; provided, however, that
MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
T
this paragraph shall not prohibit or restrict a party from changing such
place of abode if an ective prior court order gives that party the right to
designate the children’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.
15 Disturbing the peace of the children.
1.6 Making disparaging remarks about another patty or another party’s family
members, including but not limited to the child’s grandparents, aunts,
uncles, stepparents, or anyone with whom a party bas a dating
relationship, in the presence or within the hearing of the children.
17 Discussing with the children, or with any other person in the presence of
the children, any litigation related to the children 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 children.
Overnight is defined from 9:00 p.m. until 8:00 a.m.
PROTECTION OF FAMILY PETS OR COMPANION ANIMALS. All
parties are to refrain from harming, threatening, interfering with the care, custody,
or control of a pet or companion animal 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 arc
ORDERED to refrain from doing the following acts:
3.1 Using vulgar, profane, obscene, or indecent language, or a coarse or
offensive manner, to communicate with the other party, whether in person,
by telephone, or in writing, including by email, text message, or any other
electronic communication.
3.2 Threatening the other party in person, by telephone, or in writing,
including by email, text message, or any other electronic communication,
to take unlawful action against any person,
3.3 Placing one or more telephone calls to another party, at an unreasonable
hour, in an offensive or repetitious manner, without a legitimate purpose
of communication, or anonymously.
3.4 Causing bodily injury to another patty or to a child of any party.
3.5 Threatening another party or a child of any party with imminent bodily
injury.
MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
2
3.6 Opening or diverting mail addressed to another party.
3.7 Unlawfully intercepting or recording another party’s electronic
communications.
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:
Al Destroying, removing, concealing, encumbering, transferring, or otherwise
harming or reducing the value of the property of one or both of the parties.
4.2 Misrepresenting or refusing to disclose to the other party or to the court,
on proper request, the existence, amount or location of any property of one
or both of the parties.
43 Damaging or destroying the tangible property of one or both of the parties,
including any document that represents or embodies anything of value.
44 Tampering with the tangible property of one or both of the parties,
including any document that represents or embodies anything of value,
and causing pecuniary loss to the other party,
45 Selling, transferring, assigning, mortgaging, encumbering, or in any other
manner alienating any of the property of either party, whether personal
property or real property, and whether separate or community, except as
specifically authorized by this order.
4.6 Incurring any indebtedness, other than legal expenses in connection with
this suit, except as specifically authorized by this order.
47 Making withdrawals from any checking or savings account in any
financial institution for any purpose, except as specifically authorized by
this order.
48 Spending any sum of cash in either party’s possession or subject to either
party’s control for any purpose, except as specifically authorized by this
order.
49 Withdrawing or borrowing in any manner for any purpose from any
retirement, profit-sharing, pension, death, or other employee benefit plan
or employee savings plan or from any individual retirement account or
Keogh account, except as specifically authorized by this order.
4.10 Entering any safe-deposit box in the name of or subject to the control of
Petitioner or Respondent, whether individually or jointly with others,
MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
411 Signing or endorsing the other party’s name on any negotiable instrument,
check, or draft, such as tax refunds, insurance payments, and dividends, 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 cards in the name
of the other party.
4,13 Entering, operating, or exercising control over the motor vehicle in the
possession of the other party.
4.14 Discontinuing or reducing the withholding for federal income taxes on
wages or salary while this suit is pending.
4.15 Terminating or in any manner affecting the service of water, electricity,
gas, telephone, cable television, or other contractual services, such as
security, pest control, landscaping, or yard maintenance at the other
party’s residence or in any manner attempting to withdraw any deposits
for service in connection with such services.
4.16 Excluding the other party from the use and enjoyment of the other party’s
residence.
417 Communicating with the other party’s employer or a person with whom
the other party has a business relationship without a legitimate purpose.
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 Concealing, destroying, disposing of, or altering any family records,
property records, financial records, business records or any records of
income, debts, or other obligations,
5.2 Falsifying any writing or record relating to the property of either party.
INSURANCE IN DIVORCE CASE. If this is a divorce case, both parties to the
marriage are ORDERED to reftain from doing the following acts:
6.1 Withdrawing or borrowing in any manner all or any part of the cash
suttender value of life insurance policies on the life of either party, except
as specifically authorized by this order or a subsequent order of the court.
6.2 Changing or in any manner altering the beneficiary designation on any life
insurance on the life of either party or the parties’ children.
MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
4
63 Canceling, altering, or in any manner affecting any casualty, automobile,
or health insurance policies insuring the parties’ properly or persons,
including the parties’ minor children.
SPECIFIC AUTHORIZATIONS IN DIVORCE CASE, If this is a divorce
case, both parties to the marriage are specifically authorized to do the following:
V1 To engage in acts reasonable and necessary to conduct each party’s usual
business and occupation.
72 To make expenditures and incur indebtedness for reasonable attorney’s
fees and expenses in connection with this suit.
73. To make expenditures and incur indebtedness for reasonable and
necessary living expenses for food, clothing, shelter, transportation and
medical care.
74 To make withdrawals from accounts in financial institutions only for the
purposes authorized by this order.
SERVICE AND APPLICATION OF THIS ORDER.
8.1 ‘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,
8.2 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.
8.3 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 atiorney 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 ef 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,
MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
5
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.
THIS MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE
PARTIES SHALL BECOME EFFECTIVE ON JANUARY 1, 2014
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MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER,
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
6
Preview
NO. 22-04-04482 IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF GISELA SARA GONZALEZ AND 418TH JUDICIAL DISTRICT LAWRENCE GONZALEZ AND IN THE INTEREST OF LAWRENCE C. GONZALEZ, A CHILD § MONTGOMERY COUNTY, TEXAS FIRST AMENDED COUNTER-PETITION FOR DIVORCE 1 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. Parties This suit is brought by LAWRENCE GONZALEZ, Counter-Petitioner. The last three numbers of LAWRENCE GONZALEZ! driver's license number are 388. The last three numbers of LAWRENCE GONZALEZ Social Security number are 282. GISELA SARA GONZALEZ is Counter-Respondent. 3. 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. 4. Service Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Counter-Respondent's attorney of record, Katherine Bihm, 208 W. Davis St., Conroe, Texas 77301. 5. Protective Order Statement No protective order under title 4 of the Texas Family Code, protective order under chapter 7A 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 a party to this First Amended Counter-Petition for Divorce Page 1 OF 6 suit or a child of a party to this suit and no application for any such order is pending. 6. Dates of Marriage and Separation The parties were married on or about July 4, 2015 and have ceased to live together as spouses. 7. Grounds for Divorce The marriage has become insupportable because of discord or conflict of personalities between Counter-Petitioner and Counter-Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. 8 Child of the Marriage Counter-Petitioner and Counter-Respondent are parents of the following child of this marriage who is not under the continuing jurisdiction of any other court: Name: LAWRENCE C. GONZALEZ Sex: Male Birth date: xx/xx/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) and section 154.1815 of the Texas Family Code will be supplemented. No property of consequence is owned or possessed by the child the subject of this suit. Petitioner and Respondent, on final hearing, should be appointed joint managing conservators of the child the subject of this suit. LAWRENCE GONZALEZ should be designated as the joint managing conservator who has the following exclusive rights over the child, whether collectively, independently, alternatively, or in any combination deemed to be in the child’s best interest: a. The exclusive right to establish the primary residence of the child within Montgomery County, Texas; The exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child; The exclusive right to make decisions concerning the child’s education; First Amended Counter-Petition for Divorce Page 2 OF 6 The exclusive right to enroll the child in school; The exclusive right to consent to medical, dental, and surgical treatment involving invasive procedures and to consent to psychiatric and psychological treatment of the child; The exclusive right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child; The exclusive right to consent to enlistment in the armed forces of the United States; The exclusive right to the services and earnings of the child; and Except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the exclusive right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government. Counter-Respondent should be ordered to provide support for the child, including the payment of child support and medical and dental support in the manner specified by the Court. Counter-Petitioner requests that the payments for the support of the child survive the death of Counter-Respondent and become the obligations of Counter-Respondent's estate. Counter-Petitioner requests that the Court enter appropriate orders for possession of and access to the child by Counter-Respondent. The primary residence of the child should be restricted to Montgomery County, Texas. 9. Division of Community Property Counter-Petitioner requests the Court to divide the estate of Counter-Petitioner and Counter-Respondent in a manner that the Court deems just and right, as provided by law. Counter-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; community indebtedness and liabilities; First Amended Counter-Petition for Divorce Page 3 OF 6 nature of the property involved in the division; wasting of community assets by the spouses; attorney's fees to be paid; and & creation of community property through the use of a spouse's separate estate. 10. Separate Property Counter-Petitioner owns certain separate property that is not part of the community estate of the parties, and Counter-Petitioner requests the Court to confirm that separate property as Counter-Petitioner's separate property and estate. I. Reimbursement Counter-Petitioner requests the Court to reimburse Counter-Petitioner's separate estate for funds or assets expended by Counter-Petitioner's separate estate for the benefit of the community. Those expenditures resulted in a direct benefit to the community estate. Counter- Petitioner's separate estate has not been adequately compensated for or benefited from the expenditure of those funds or assets, and a failure by the Court to allow reimbursement to Counter-Petitioner's separate estate will result in an unjust enrichment of the community estate at the expense of Counter-Petitioner's separate estate. 12. Request for Temporary Orders Concerning Use of Property Counter-Petitioner requests the Court, after notice and hearing, for the preservation of the property and protection of the parties, to make temporary orders and issue any appropriate temporary injunctions respecting the temporary use of the parties' property as deemed necessary and equitable, including but not limited to the following: 1 Awarding Counter-Petitioner the exclusive use and possession of the residence located at 27 Bracken Fern Ct., Spring, Texas 77380, as well as the furniture, furnishings, and other personal property at that residence, while this case is pending, and enjoining Counter- Respondent from entering or remaining on the premises of the residence and exercising possession or control of any of this personal property, except as authorized by order of this Court. 2. Awarding Counter-Petitioner exclusive use and control of the motor vehicle in the possession of Counter-Petitioner and enjoining Counter-Respondent from entering, operating, or exercising control over it. First Amended Counter-Petition for Divorce Page 4 OF 6 13. Request for Temporary Orders Regarding Child Counter-Petitioner requests the Court, after notice and hearing, to dispense with the necessity of a bond and to make temporary orders and issue any appropriate temporary injunctions for the safety and welfare of the child of the marriage as deemed necessary and equitable, including but not limited to the following: 1 Appointing Counter-Petitioner and Counter-Respondent temporary joint managing conservators, and designating Counter-Petitioner as the conservator who has the exclusive right to designate the primary residence of the child, the exclusive right to consent to medical, dental, and surgical treatment involving invasive procedures, the exclusive right to consent to psychiatric and psychological treatment of the child, the exclusive right to make decisions concerning the child’s education, the exclusive right to enroll the child in school, and the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child. 2. Ordering Counter-Respondent to provide support for the child, including the payment child support and medical and dental support in the manner specified by the Court, while this case is pending. 3 Restricting the residence of the child to Montgomery County, Texas. 14. Montgomery County Standing Order Petitioner hereby provides notice to Respondent that effective January 1, 2014, the Montgomery County District Courts and County Courts at Law have issued the Montgomery County First Amended 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, Texas. A true and correct copy of this Standing Order is attached to this First Amended Counter-Petition for Divorce as Exhibit A and is incorporated herein by reference for all intents and purposes. 15. Attorney's Fees, Expenses, Costs, and Interest It was necessary for Counter-Petitioner to secure the services of STEPHEN D. JACKSON, a licensed attorney, and the law firm of STEPHEN D. JACKSON PLLC, 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 child, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Counter-Respondent and in favor of Counter-Petitioner for the use and benefit of Counter-Petitioner's attorney and be ordered paid directly to Counter-Petitioner's attorney, who may enforce the judgment in the attorney's own name. Counter-Petitioner requests postjudgment interest as allowed by law. First Amended Counter-Petition for Divorce Page 5 OF 6 16. Prayer Counter-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 counterpetition. Counter-Petitioner prays for attorney's fees, expenses, costs, and interest as requested above. Counter-Petitioner prays for general relief. Respectfully submitted, Stephen D. Jackson PLLC 215 Simonton Conroe, TX 77301 Tel: (936) 756-5744 Fax: (936) 756-5842 By BA] Ste phen State Bara steve@stevejacksonlaw.com Attorneys for LAWRENCE GONZALEZ 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 the _/2- day of December, 2022. BK Stephtén D. Jackso: Attorneys for LA’ W)EN E GONZALEZ First Amended Counter-Petition for Divorce Page 6 OF 6 EXHIBIT A IN THE DISTRICT COURTS AND COUNTY COURTS AT LAW at ti e ve py oO AND ECO) Ri Clock. a OF MONTGOMERY COUNTY, TEXAS 13 2019 by Bal oo iN ADAMICK MONTGOMERY CO ‘Y FIR AMENDED STANDING ORDER. CHILDREN, PETS. PROPERTY AND CONDUCT OF THE PAR’ TYDeputy Texas THIS MONTGOMERY COUNTY FIRST 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 Montgomery County District Courts and County Courts at Law that applies in every divorce suit and every suit affecting the parent-child relationship filed in Montgomery County. The District Courts and County Courts at Law 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 CHILDREN. All parties are ORDERED to refrain from doing the following acts concerning any children who are subjects of this case: 11 Removing the children from the State of Texas, for the purpose of changing the residence of the children 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 children if an active prior court order gives that party the right to designate the children’s primary residence outside the State of Texas or without regard to geographic location. 1.2 Disrupting or withdrawing the children fiom the school or day-care facility where the children are 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 children from a school or day-care facility if that party is changing the childreit?s domicile or residence within that party’s rights pursuant to an active prior court order as described in {1.1 above. 13 Hiding or secreting the children from the other party. 14 Changing the children’s current place of abode, without the written agreement of all parties or an order of the court; provided, however, that MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES T this paragraph shall not prohibit or restrict a party from changing such place of abode if an ective prior court order gives that party the right to designate the children’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. 15 Disturbing the peace of the children. 1.6 Making disparaging remarks about another patty or another party’s family members, including but not limited to the child’s grandparents, aunts, uncles, stepparents, or anyone with whom a party bas a dating relationship, in the presence or within the hearing of the children. 17 Discussing with the children, or with any other person in the presence of the children, any litigation related to the children 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 children. Overnight is defined from 9:00 p.m. until 8:00 a.m. PROTECTION OF FAMILY PETS OR COMPANION ANIMALS. All parties are to refrain from harming, threatening, interfering with the care, custody, or control of a pet or companion animal 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 arc ORDERED to refrain from doing the following acts: 3.1 Using vulgar, profane, obscene, or indecent language, or a coarse or offensive manner, to communicate with the other party, whether in person, by telephone, or in writing, including by email, text message, or any other electronic communication. 3.2 Threatening the other party in person, by telephone, or in writing, including by email, text message, or any other electronic communication, to take unlawful action against any person, 3.3 Placing one or more telephone calls to another party, at an unreasonable hour, in an offensive or repetitious manner, without a legitimate purpose of communication, or anonymously. 3.4 Causing bodily injury to another patty or to a child of any party. 3.5 Threatening another party or a child of any party with imminent bodily injury. MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES 2 3.6 Opening or diverting mail addressed to another party. 3.7 Unlawfully intercepting or recording another party’s electronic communications. 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: Al Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties. 4.2 Misrepresenting or refusing to disclose to the other party or to the court, on proper request, the existence, amount or location of any property of one or both of the parties. 43 Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value. 44 Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to the other party, 45 Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of either party, whether personal property or real property, and whether separate or community, except as specifically authorized by this order. 4.6 Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by this order. 47 Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order. 48 Spending any sum of cash in either party’s possession or subject to either party’s control for any purpose, except as specifically authorized by this order. 49 Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by this order. 4.10 Entering any safe-deposit box in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others, MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES 411 Signing or endorsing the other party’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, 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 cards in the name of the other party. 4,13 Entering, operating, or exercising control over the motor vehicle in the possession of the other party. 4.14 Discontinuing or reducing the withholding for federal income taxes on wages or salary while this suit is pending. 4.15 Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance at the other party’s residence or in any manner attempting to withdraw any deposits for service in connection with such services. 4.16 Excluding the other party from the use and enjoyment of the other party’s residence. 417 Communicating with the other party’s employer or a person with whom the other party has a business relationship without a legitimate purpose. 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 Concealing, destroying, disposing of, or altering any family records, property records, financial records, business records or any records of income, debts, or other obligations, 5.2 Falsifying any writing or record relating to the property of either party. INSURANCE IN DIVORCE CASE. If this is a divorce case, both parties to the marriage are ORDERED to reftain from doing the following acts: 6.1 Withdrawing or borrowing in any manner all or any part of the cash suttender value of life insurance policies on the life of either party, except as specifically authorized by this order or a subsequent order of the court. 6.2 Changing or in any manner altering the beneficiary designation on any life insurance on the life of either party or the parties’ children. MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES 4 63 Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties’ properly or persons, including the parties’ minor children. SPECIFIC AUTHORIZATIONS IN DIVORCE CASE, If this is a divorce case, both parties to the marriage are specifically authorized to do the following: V1 To engage in acts reasonable and necessary to conduct each party’s usual business and occupation. 72 To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit. 73. To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation and medical care. 74 To make withdrawals from accounts in financial institutions only for the purposes authorized by this order. SERVICE AND APPLICATION OF THIS ORDER. 8.1 ‘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, 8.2 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. 8.3 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 atiorney 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 ef 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, MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES 5 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. THIS MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES SHALL BECOME EFFECTIVE ON JANUARY 1, 2014 fivopkt— HON. KELLY W. CASE anmu rnucn ld HON. LISA MICHALK 9% Judicial District Court 221" Tudicial District Court Can Weoth U@en HON. _ek A. Shr THLEEN HAMILTON HON. CARA WOOD asa" Judicial District Court 359% dicial District Court K EL MAYES HO . TRACY A. GILBER 410" Judi J dicial District Court l District Court Ward, HON. MICHAEL SEILER eb HON. DE! LR (A WATSON 435" Judicial District Court ounty art at Law #1 \ QLA Ashe Min HON. CLAUDIA LAIRD HON. PATRICE McDONALD County Court at Law #2 County Court at Law #3 Uy lui [wen HON. MARY ANN TURNER HON. | ‘KEITH STEWART County Court at Law #4 County Court at Law #5 MONTGOMERY COUNTY FIRST AMENDED STANDING ORDER, REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES 6