Preview
RECEIVED AND FILED
[i RECOR,
AUIEATO'Clock AM.
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA,
APR 22 202
Cause Number: ay-ou -Ol aso MettSa Miller, Distr!
{The Clerk’ 's Office will fill in tie Gause Number and Court Number when ay ait ee Rent ys Texas
Deputy
In the Matter of the Marrlage of:
In the oth.
Petitloner; mes David Kilman (Court Number)
Print first, middie and last name of the spouse filing for divorce,
District Court
C1 County Court at Law
and
Respondent Thomas Joseph Glorioso Montcomer v
Print first, middle and last neme’of other spouse.
County Texas
Original Petition for Divorce
Print your answers,
My name is: James David kilman
First Middie Last
lam the Petitioner, the person asking for a divorce.
ere
The last three numbers y driver's license number are: g +# 3. My driver's license was
issued In (State) or [_]I do not have a driver's license number.
The last three numbers of my social secutity number are: a.
or [11 do not have a social security number.
My spouse's name is: Thoma S los eph ©lor jOs oO
First * Middle Last
My spouse is the Respondent,
1. Discovery Level
The discovery level In this case, if needed, Is: (Gheck one box.)
Level 1. Check here if you and your spouse have less than $250,000 tn property.
0 Level 2. All other couples check here,
2. Legal Notice (Check one box.)
AA | think my spouse will sign a Waiver of Service (or Answer). Do not send a sheriff, constable, or
Pracess server to serve my spouse with a copy of this Petition for Divorce at this time.
OO Iwill have a sheriff, constable, process server or clerk serve my spouse with this Petition for Divorce
here:
Street Address Clty State 4 Zip
{f thls is a work address, name of business:
| ask the clerk to issue a Citation of Service (the form necessary to provide legal notice to my spouse by .
“Official Service of Process"). | understand that | will need to pay the fee (or file a Statement of Inability
to Afford Payment of Court Costs if | am unable to pay the fee) and arrange for service.
C1 | cannot find my spouse. i ask that my spouse be served by posting or publication. | understand I must
file an Affidavit for Citation by Posting or Affidavit for Citation by Publication depending on my case. If
My spouse and | have property, | understand | must alse hire a lawyer to serve as attorney ad litem for
my spouse.
FM-DivD-100 Original Petition for Divorce ~ Same Sex Marriage [Set D] (Rev. 01-2021)
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3A.County Residence Requirement
Note: You cannot file for
(Check all boxes that apply.) divorce. in Texas until you or
ZT I have lived in this county for the last 90 days. your spouse has lived In the
county where you are
My spouse has lived in this county for the last 90 days. asking for a divorce for at
feast the last 90 days and in
C0 farm serving in the armed forces or other government service outside Texas for at least the last six
of Texas, but thls county has been the home county of either my months.
‘spouse or me for at least 90 days.
There are les
1 Ihave accompanied my spouse who Is serving in nllitary families and others
the armed forces or other government service outside of who are absent from the
Texas, but this county has been the home county of either state due to government
my spouse or me for at least 90 days. service,
Get more information at
www. TexasLawHelp.org.
3B. Texas Residence Requirement
(Check ail boxes that apply.)
| have lived in Texas for the last six months.
My spouse has lived in Texas for the last six months,
C1 Jam serving in the armed forces or other government service outside of Texas, but Texas is the home
state of elther my spouse or me and has been for at least 6 months.
(1 Ihave accompanied my spouse who Is serving In the armed forces or other government service outside
of Texas, but Texas {s the home state of elther my spouse or me and has been for at least.6 months.
3C. Personal Jurisdiction over Spouse
(Check ons box.)
My spouse lives in Texas.
C1 My spouse does not tive in Texas.
(if your spouse does not live in Texas, check any boxes that apply below.)
[1] My spouse agrees that a Texas court can make orders in this divorce, including orders dividing our
property and debts. My spouse wil file a Waiver of Service (or Answer).
O Texas is the last state where we lived together as a marriad couple. This Petition for Divorce is filed
less than two years after we separated,
4, Dates of Marriage and Separation
My spouse and | got married on or about: S ep+
th
13 320/38
Day Year
We stopped iiving together as spouses on or about:__J f A ow Tom
5. Grounds for Divorce
Task the Court fo grant me a divorce. The marriage has become insupportable dua to discord or conflict of
personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable
expectation of reconciliation.
FM-DivD-100 Original Petition for Divorce — Same Sex Marriage [Set D] (Rev. 01-2021)
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6. No Minor Children
My spouse and I do not have any biological children togethar who are under 18 or still in high schaol.
My spouse and | did not jointly adopt any children who are under 18 or still in high schcol.
7. Is either spouse pregnant or expecting a child?
(Check one box.)
Note: Taik to a lawyer familiar with
No. Neither spouse is pregnant and no children are expected. LGTBQ family law issues if you or
your spouse js pregnant or expecting
C1 Yes. | am pregnant or expecting a child. a chifd,
(if you are pregnant or expecting a child, check one box below.)'
[LD The other spouse is the legal parent of this child. | ask the court to Include orders for custody,
visitation, child support and medical support for the child in the Final Decree of Divorce.
[1 The other spouse Is not the legal parent of this child, nor do | wish them to be.
1 Yes. My spouse Is pregnant or expecting a chitd.
(If your spouse is pregnant or expecting a child, check one box below,}
0 | am or want to be the legal! parent of this child. | ask the court to include orders forcustody,
visitation, child support and medical support for the child in the Final Decree of Divorce.
(_!am not the legal parent of this child, nor do I wish to be.
&. Has elther spouse glven birth duril marrlage to a child who is now under 18 or still in high
school?
(Check one box.)
No, Neither spouse has given birth during this marriage to a child who is now under 18 or still in high
school.
C1 Yes. Petitioner gave birth to the following child(ren) during this marriage but Respondent is not the
legal parent of the child(ren):
Child's name Sex Date of Birth
4
2
3
O Yes. Respondent gave birth to the following child(ren) during this marriage but Petitioner is not the
legal parent of the child(ren):
Child’s name Sex Date of Birth
Note: Parentage of a child born during the marriage may need to be established before you can finish your
divorce, Talk to a lawyer familiar with LGTBQ family law Issues if either spouse gave birth to a child during the
marriage.
FM-DivD-100 Original Petition for Divorce — Same Sex Marriage {Set D] (Rev. 01-2021)
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9. Protective Order Statement (Check the appropriate boxes. Fill in the requested information.)
Note: You must provide information about any protective order or pending application for protective order
involving you and your spouse or a child of either you or your spouse. This includes Information about any:
(1} family violence protective order, (2) sexual assault, sexual abuse, trafficking or stalking protective order
and/or (3) emergency protective order issued after an arrest,
You must also attach to this petition a capy of any protective order (even if It’s expired) in which one spouse
or child of either spouse was the applicant or victim and the other spouse was the respondent or defendant.
9A. No,Protective Order
a
do not have a protective order against my spouse and | have not asked for one.
M ly spouse does not have a protective order against me and has not asked for one.
9B. Pending Protective Order
(1 Ihave fied paperwork at the courthouse asking for a protective order against my spouse, but a
Judge has not decided if | should get It. | asked for a protective order on
Dats Filed
in County, . The cause number is
Count Cause Number
If | get a protective order, | will file a copy of it before any hearings in this divorce.
(1 My spouse has filed paperwork asking for a protective order against me, but a judge has not
decided if my spouse will get it. My spouse asked for a protective order on
Dato Filed
in County, . The cause number is
County 31 Cause Numbor
If my spouse gets:a protective order, | will file a copy of it before any hearings in this divorce.
9C, Protective Order in Place
(1 | do have a protective order against my spouse, | got the protective order in
County, on
Stete Date Ordered
The cause number for the protective order is
Cause Number
Either | have attached a copy of the protective order to this petition or | will file a copy of it with the
court before any hearings In this divorce.
{] My spouse does have a protective order against me. The protective order was made in
County, on
County State Data Ordered
The cause number for the protective order is
Cause Number
Either I have attached a copy of the protective order to this petition or | will file a copy of it with the
court before any hearings In this divorce.
10, Waiver of Walting Period Based on Family Violence (Check only if applicable.)
0 [ask the Court to waive the 60-day waiting period for divorce because: (Check one box.)
(1 My spouse has been convicted of or received deferred adjudication for a crime involving family
viclence against me or a member of my household,
(1 Ihave an active protective order or an active magistrate’s order for emergency protection against
my spouse because of family violence during our marrlage. The order Includes a finding that my
spouse committed family violence.
FM-DivD-100 Original Petition for Divorce - Same Sex Marriage [Set D] (Rev. 01-2021)
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11. Property and Debt
Note: It is important to talk with lawyer if you or your spouse has a house, land, business, retirement funds, other
valuable property or debt. Getting advice from a lawyer now can save you time and money in the long run.
About community property: Texas is a community property state. This means that any new properly thal either
spouse gets from the minute they are married until the minute the judge grants the divorce is probably community
property, even If the property is only in one spouse's name.
About separate property; Property owned by a spouse before the marriage fs that spouse's separate proparty.
In addition, if sither spouse recsives a gift, an inheritance, or a recovery for personel injuries that occurred during
the marrage (not including a recovery for lost wagas or madical expenses); It is that spouse's separate property.
There are exceptions to these general rules, If you have questions talk to an LGBT family lawyer.
About retirement: Retirement funds (such as 401k, pension, profit sharing, stock option plans and IRAs) earned
by either spouse during the marriage are usually considered to be community property thal can be divided by the
court, This is true even if you or your spouse has not yet retired. If you want the Court to divide retirement funds
(other than an IRA), you will need to have the Court sign an additional form, usually called a “Qualified Domestic
Relations Order’ (QDRO), to make the division effective. You should have the QDRO prepared before you ga to
court, So the judge can sign it whan you finish your divorce. A QDRO form is not included with this divorce set.
You may be able to get a sample QDRO form from the employer or retirement fund administrator. if not, you
should hire a lawyer to draft the QDRO form. If you use the employer or retirement fund administrator's QDRO
form, you should still have a lawyer review it to make sure you are not giving up important benefits. Note: If you
and your spouse plan to keep your own retirement funds or do net have retirament funds, you do not need a
QDRO.
About debt: A creditor's right to collect a debt is not affected by a divorce decree. So, if the Court orders your
Spouse to pay a dabt (such as a mortgage) that is in both of your names but your spouse doesn't pay it, the
creditor can still seek payment from you, Ask a lawyer how to protect yourself in this situation.
11A. Community Property and Debt
'f my spouse and | can agree about how to divide the property and debts we got during our marriage, | ask
the Court to approve our agreement. If we cannot agres, | ask the Court to divide our community property
and debts according to Texas law.
11B. Separate Property
| own the following separate property. | owned this property before | was married or | received this property
as a gift or inheritance during my marriage or | received this property as recovery for personal injuries that
occurred during the marriage (not including any recovery for lost wages or madical expenses). | ask the
Court to confirm this property as my separate property.
(Fill in ail fines. If you have no property to list in a particular category, write “none."}
House located NHOne
StreetAddress City State Zip
Land located at:
Street Address. City State Zip
Cars, trucks, motorcycles or other vehicles
Year Make Model Vehicie Identification No. IVIN]
none.
Other money or personal property | owned before | was martied, received as a gift or inheritance during my
marriage or property | purchased during my marriage with separate property funds:
Money I received as recovery for personal injuries that occurred during the marriage that was not for lost
wages or medical expenses:
FM-DivD-100 Original Petition for Divorce— Same Sex Marrlage [Set D] (Rev. 01-2021)
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12. Name Change
(Gheck one hox,)
Tam NOT asking the Court to change my name.
CJ [ask the Court to change my name back to a name | used before. | am not asking the court to change
my name to avold criminal prosecution or creditors. | ask that my name be changed to:
First Middle Last
Note: You cannot use this form to change your name to anything other than a name that you previously used
13. Request for Judgment
1 ask the Court to grant my divorce. | also ask the Court to make the other orders | have asked for in this
Petition and any other orders to which | am entitled
James
Petitioner's Name
David ki Iman 4/22/24
> [A____—— 40. a. bS0-5207F
Feiecer 's Signature
lotong Leaf Dr. Conroe.” "Tx 7730 3.
{25 Address | State
Email Address: avid Iman nail Fax (if avaltable) wn
Warning: Your spouse will get a copy of this form. If you are concerned about your spouse learning your address, call
the Hope Line at 800-374-4673(HOPE) for free advice before filing this form with the court,
lunderstand that | must notify the Court and my spouse’s attorney {or my spouse if my spouse
does not have an attorney} In writing If my malling address or emall address changes during these
divorce proceedings. If | don’t, any notices about this case Including the dates and times of
hearings will be sent to me at tha mailing address or emall address above.
Note: For information about LOBTQ civil rights go to Jambdalegal.org or call the Lambda Legal Help Desk
at 214-219-8585. ,
For a referral to @ lawyer call your local lawyer referral service or the State Bar of Texas Lawyer Referral
Information Service at 800-252-9690,
For information about free and low-cost legal help in your county go to www.TexasLawHelp:org or calll the Legal
Ald office serving your area:
Legal Aid of Northwest Texas, at-888-529-5277 (serves Dallas / Ft. Worth area & Northwest Texas)
Lone Star Legal Ald, at 800-733-8394 (serves Houston area & East Texas)
Texas Rio Grande Legal Ald, at 888-988-9996 (serves Austin / San Antonio area, El Paso area & South Texas)
If you have been the victim of family violence, or if at any time you feel unsafe, get help by calling the
National Domestic Violence Hotfine, at 800-799-SAFE (7233) or
Texas Advocacy Project, at 800-374-HOPE (4673) or
Crime Victims, at 888-343-4444.
FM-DivD-100 Original Petition for Divorce— Same Sex Marriage [Set D] (Rev. 01-2021)
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CEIVED AN
até! D FILED
RES ORS
Clock
DEC 28 2022
IN THE 410 AND 418" DISTRICT COURTS"
AND THE COUNTY COURT AT LAW NUMBER THRE Miller, Digi
OF MONTGOMERY COUNTY, TEXAS SAID uF bi Bopity
MONTGO -Y CO} s ECOND 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:
I 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:
Ld 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
right 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, P! ETS, PROPERTY AND CONDUCT OF THE PARTIES.
Minute
2022-493
date: [2{30/2022-
13 Hiding or secreting the child from the other party.
14 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.
16 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.
17 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. 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 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:
Mifute
Date:
3.4 Intentionally, knowingly, or recklessly causing bodily injury to the other party or
to achild of either party.
3.5 Threatening the other party or a child of either 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.
44 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 (6) separate and community
property.
46 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
Minute
Date:
4.8 Except as specifically authorized by the court, spending any money in cither
party’s possession or subject to either party’s control for any purpose.
49 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.
414 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.
5.2 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, PROPERTY AND CONDUCT OF THE PARTIES
Mihute
Date:
record of credit purchases or cash advances, a tax retum, 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 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.
54 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 ftom any social network profile used or created by
either party or a child of the parties.
56 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.
63 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.
7. 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.
b. 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, “eae OF THE PARTIES
Date:
c To make expenditures and incur indebtedness for reasonable and necessary living
expenses for food, clothing, shelter, transportation and medical care.
d. To make withdrawals from accounts in financial institutions only for the purposes
authorized by this order.
8 SERVICE AND APPLICATION OF THIS ORDER.
a. 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,
b 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.
c. 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 COUNTY SECOND AMENDED STANDING ORDER:
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
Minute
Date:___.
THIS MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE
PARTIES SHALL BECOME EFFECTIVE ON JANUARY 1, 2023.
Ponnifee Robe.
HON. JENNIFER JAMES ROBIN HON. AMY TUCKER"
410% Judicial District Court County Court at Law #3
(ON. TRACY A.
418" Judicial District Court
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER.
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
Minute
Date:
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RECEIVED AND FILED [i RECOR, AUIEATO'Clock AM. NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA, APR 22 202 Cause Number: ay-ou -Ol aso MettSa Miller, Distr! {The Clerk’ 's Office will fill in tie Gause Number and Court Number when ay ait ee Rent ys Texas Deputy In the Matter of the Marrlage of: In the oth. Petitloner; mes David Kilman (Court Number) Print first, middie and last name of the spouse filing for divorce, District Court C1 County Court at Law and Respondent Thomas Joseph Glorioso Montcomer v Print first, middle and last neme’of other spouse. County Texas Original Petition for Divorce Print your answers, My name is: James David kilman First Middie Last lam the Petitioner, the person asking for a divorce. ere The last three numbers y driver's license number are: g +# 3. My driver's license was issued In (State) or [_]I do not have a driver's license number. The last three numbers of my social secutity number are: a. or [11 do not have a social security number. My spouse's name is: Thoma S los eph ©lor jOs oO First * Middle Last My spouse is the Respondent, 1. Discovery Level The discovery level In this case, if needed, Is: (Gheck one box.) Level 1. Check here if you and your spouse have less than $250,000 tn property. 0 Level 2. All other couples check here, 2. Legal Notice (Check one box.) AA | think my spouse will sign a Waiver of Service (or Answer). Do not send a sheriff, constable, or Pracess server to serve my spouse with a copy of this Petition for Divorce at this time. OO Iwill have a sheriff, constable, process server or clerk serve my spouse with this Petition for Divorce here: Street Address Clty State 4 Zip {f thls is a work address, name of business: | ask the clerk to issue a Citation of Service (the form necessary to provide legal notice to my spouse by . “Official Service of Process"). | understand that | will need to pay the fee (or file a Statement of Inability to Afford Payment of Court Costs if | am unable to pay the fee) and arrange for service. C1 | cannot find my spouse. i ask that my spouse be served by posting or publication. | understand I must file an Affidavit for Citation by Posting or Affidavit for Citation by Publication depending on my case. If My spouse and | have property, | understand | must alse hire a lawyer to serve as attorney ad litem for my spouse. FM-DivD-100 Original Petition for Divorce ~ Same Sex Marriage [Set D] (Rev. 01-2021) © TexasLawHelp.org, Page 1 of 6 3A.County Residence Requirement Note: You cannot file for (Check all boxes that apply.) divorce. in Texas until you or ZT I have lived in this county for the last 90 days. your spouse has lived In the county where you are My spouse has lived in this county for the last 90 days. asking for a divorce for at feast the last 90 days and in C0 farm serving in the armed forces or other government service outside Texas for at least the last six of Texas, but thls county has been the home county of either my months. ‘spouse or me for at least 90 days. There are les 1 Ihave accompanied my spouse who Is serving in nllitary families and others the armed forces or other government service outside of who are absent from the Texas, but this county has been the home county of either state due to government my spouse or me for at least 90 days. service, Get more information at www. TexasLawHelp.org. 3B. Texas Residence Requirement (Check ail boxes that apply.) | have lived in Texas for the last six months. My spouse has lived in Texas for the last six months, C1 Jam serving in the armed forces or other government service outside of Texas, but Texas is the home state of elther my spouse or me and has been for at least 6 months. (1 Ihave accompanied my spouse who Is serving In the armed forces or other government service outside of Texas, but Texas {s the home state of elther my spouse or me and has been for at least.6 months. 3C. Personal Jurisdiction over Spouse (Check ons box.) My spouse lives in Texas. C1 My spouse does not tive in Texas. (if your spouse does not live in Texas, check any boxes that apply below.) [1] My spouse agrees that a Texas court can make orders in this divorce, including orders dividing our property and debts. My spouse wil file a Waiver of Service (or Answer). O Texas is the last state where we lived together as a marriad couple. This Petition for Divorce is filed less than two years after we separated, 4, Dates of Marriage and Separation My spouse and | got married on or about: S ep+ th 13 320/38 Day Year We stopped iiving together as spouses on or about:__J f A ow Tom 5. Grounds for Divorce Task the Court fo grant me a divorce. The marriage has become insupportable dua to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. FM-DivD-100 Original Petition for Divorce — Same Sex Marriage [Set D] (Rev. 01-2021) © TexasLawHelp.org, Page 2 of 8 6. No Minor Children My spouse and I do not have any biological children togethar who are under 18 or still in high schaol. My spouse and | did not jointly adopt any children who are under 18 or still in high schcol. 7. Is either spouse pregnant or expecting a child? (Check one box.) Note: Taik to a lawyer familiar with No. Neither spouse is pregnant and no children are expected. LGTBQ family law issues if you or your spouse js pregnant or expecting C1 Yes. | am pregnant or expecting a child. a chifd, (if you are pregnant or expecting a child, check one box below.)' [LD The other spouse is the legal parent of this child. | ask the court to Include orders for custody, visitation, child support and medical support for the child in the Final Decree of Divorce. [1 The other spouse Is not the legal parent of this child, nor do | wish them to be. 1 Yes. My spouse Is pregnant or expecting a chitd. (If your spouse is pregnant or expecting a child, check one box below,} 0 | am or want to be the legal! parent of this child. | ask the court to include orders forcustody, visitation, child support and medical support for the child in the Final Decree of Divorce. (_!am not the legal parent of this child, nor do I wish to be. &. Has elther spouse glven birth duril marrlage to a child who is now under 18 or still in high school? (Check one box.) No, Neither spouse has given birth during this marriage to a child who is now under 18 or still in high school. C1 Yes. Petitioner gave birth to the following child(ren) during this marriage but Respondent is not the legal parent of the child(ren): Child's name Sex Date of Birth 4 2 3 O Yes. Respondent gave birth to the following child(ren) during this marriage but Petitioner is not the legal parent of the child(ren): Child’s name Sex Date of Birth Note: Parentage of a child born during the marriage may need to be established before you can finish your divorce, Talk to a lawyer familiar with LGTBQ family law Issues if either spouse gave birth to a child during the marriage. FM-DivD-100 Original Petition for Divorce — Same Sex Marriage {Set D] (Rev. 01-2021) © ToxasLawHalp.org, Page 3 of 6 9. Protective Order Statement (Check the appropriate boxes. Fill in the requested information.) Note: You must provide information about any protective order or pending application for protective order involving you and your spouse or a child of either you or your spouse. This includes Information about any: (1} family violence protective order, (2) sexual assault, sexual abuse, trafficking or stalking protective order and/or (3) emergency protective order issued after an arrest, You must also attach to this petition a capy of any protective order (even if It’s expired) in which one spouse or child of either spouse was the applicant or victim and the other spouse was the respondent or defendant. 9A. No,Protective Order a do not have a protective order against my spouse and | have not asked for one. M ly spouse does not have a protective order against me and has not asked for one. 9B. Pending Protective Order (1 Ihave fied paperwork at the courthouse asking for a protective order against my spouse, but a Judge has not decided if | should get It. | asked for a protective order on Dats Filed in County, . The cause number is Count Cause Number If | get a protective order, | will file a copy of it before any hearings in this divorce. (1 My spouse has filed paperwork asking for a protective order against me, but a judge has not decided if my spouse will get it. My spouse asked for a protective order on Dato Filed in County, . The cause number is County 31 Cause Numbor If my spouse gets:a protective order, | will file a copy of it before any hearings in this divorce. 9C, Protective Order in Place (1 | do have a protective order against my spouse, | got the protective order in County, on Stete Date Ordered The cause number for the protective order is Cause Number Either | have attached a copy of the protective order to this petition or | will file a copy of it with the court before any hearings In this divorce. {] My spouse does have a protective order against me. The protective order was made in County, on County State Data Ordered The cause number for the protective order is Cause Number Either I have attached a copy of the protective order to this petition or | will file a copy of it with the court before any hearings In this divorce. 10, Waiver of Walting Period Based on Family Violence (Check only if applicable.) 0 [ask the Court to waive the 60-day waiting period for divorce because: (Check one box.) (1 My spouse has been convicted of or received deferred adjudication for a crime involving family viclence against me or a member of my household, (1 Ihave an active protective order or an active magistrate’s order for emergency protection against my spouse because of family violence during our marrlage. The order Includes a finding that my spouse committed family violence. FM-DivD-100 Original Petition for Divorce - Same Sex Marriage [Set D] (Rev. 01-2021) © TexasLawHelp.org, Page 4 of 6 11. Property and Debt Note: It is important to talk with lawyer if you or your spouse has a house, land, business, retirement funds, other valuable property or debt. Getting advice from a lawyer now can save you time and money in the long run. About community property: Texas is a community property state. This means that any new properly thal either spouse gets from the minute they are married until the minute the judge grants the divorce is probably community property, even If the property is only in one spouse's name. About separate property; Property owned by a spouse before the marriage fs that spouse's separate proparty. In addition, if sither spouse recsives a gift, an inheritance, or a recovery for personel injuries that occurred during the marrage (not including a recovery for lost wagas or madical expenses); It is that spouse's separate property. There are exceptions to these general rules, If you have questions talk to an LGBT family lawyer. About retirement: Retirement funds (such as 401k, pension, profit sharing, stock option plans and IRAs) earned by either spouse during the marriage are usually considered to be community property thal can be divided by the court, This is true even if you or your spouse has not yet retired. If you want the Court to divide retirement funds (other than an IRA), you will need to have the Court sign an additional form, usually called a “Qualified Domestic Relations Order’ (QDRO), to make the division effective. You should have the QDRO prepared before you ga to court, So the judge can sign it whan you finish your divorce. A QDRO form is not included with this divorce set. You may be able to get a sample QDRO form from the employer or retirement fund administrator. if not, you should hire a lawyer to draft the QDRO form. If you use the employer or retirement fund administrator's QDRO form, you should still have a lawyer review it to make sure you are not giving up important benefits. Note: If you and your spouse plan to keep your own retirement funds or do net have retirament funds, you do not need a QDRO. About debt: A creditor's right to collect a debt is not affected by a divorce decree. So, if the Court orders your Spouse to pay a dabt (such as a mortgage) that is in both of your names but your spouse doesn't pay it, the creditor can still seek payment from you, Ask a lawyer how to protect yourself in this situation. 11A. Community Property and Debt 'f my spouse and | can agree about how to divide the property and debts we got during our marriage, | ask the Court to approve our agreement. If we cannot agres, | ask the Court to divide our community property and debts according to Texas law. 11B. Separate Property | own the following separate property. | owned this property before | was married or | received this property as a gift or inheritance during my marriage or | received this property as recovery for personal injuries that occurred during the marriage (not including any recovery for lost wages or madical expenses). | ask the Court to confirm this property as my separate property. (Fill in ail fines. If you have no property to list in a particular category, write “none."} House located NHOne StreetAddress City State Zip Land located at: Street Address. City State Zip Cars, trucks, motorcycles or other vehicles Year Make Model Vehicie Identification No. IVIN] none. Other money or personal property | owned before | was martied, received as a gift or inheritance during my marriage or property | purchased during my marriage with separate property funds: Money I received as recovery for personal injuries that occurred during the marriage that was not for lost wages or medical expenses: FM-DivD-100 Original Petition for Divorce— Same Sex Marrlage [Set D] (Rev. 01-2021) © TexasLawHelp.org, Page 5 of 6 12. Name Change (Gheck one hox,) Tam NOT asking the Court to change my name. CJ [ask the Court to change my name back to a name | used before. | am not asking the court to change my name to avold criminal prosecution or creditors. | ask that my name be changed to: First Middle Last Note: You cannot use this form to change your name to anything other than a name that you previously used 13. Request for Judgment 1 ask the Court to grant my divorce. | also ask the Court to make the other orders | have asked for in this Petition and any other orders to which | am entitled James Petitioner's Name David ki Iman 4/22/24 > [A____—— 40. a. bS0-5207F Feiecer 's Signature lotong Leaf Dr. Conroe.” "Tx 7730 3. {25 Address | State Email Address: avid Iman nail Fax (if avaltable) wn Warning: Your spouse will get a copy of this form. If you are concerned about your spouse learning your address, call the Hope Line at 800-374-4673(HOPE) for free advice before filing this form with the court, lunderstand that | must notify the Court and my spouse’s attorney {or my spouse if my spouse does not have an attorney} In writing If my malling address or emall address changes during these divorce proceedings. If | don’t, any notices about this case Including the dates and times of hearings will be sent to me at tha mailing address or emall address above. Note: For information about LOBTQ civil rights go to Jambdalegal.org or call the Lambda Legal Help Desk at 214-219-8585. , For a referral to @ lawyer call your local lawyer referral service or the State Bar of Texas Lawyer Referral Information Service at 800-252-9690, For information about free and low-cost legal help in your county go to www.TexasLawHelp:org or calll the Legal Ald office serving your area: Legal Aid of Northwest Texas, at-888-529-5277 (serves Dallas / Ft. Worth area & Northwest Texas) Lone Star Legal Ald, at 800-733-8394 (serves Houston area & East Texas) Texas Rio Grande Legal Ald, at 888-988-9996 (serves Austin / San Antonio area, El Paso area & South Texas) If you have been the victim of family violence, or if at any time you feel unsafe, get help by calling the National Domestic Violence Hotfine, at 800-799-SAFE (7233) or Texas Advocacy Project, at 800-374-HOPE (4673) or Crime Victims, at 888-343-4444. FM-DivD-100 Original Petition for Divorce— Same Sex Marriage [Set D] (Rev. 01-2021) © TexasLawHelp.org, Page 6 of 6 CEIVED AN até! D FILED RES ORS Clock DEC 28 2022 IN THE 410 AND 418" DISTRICT COURTS" AND THE COUNTY COURT AT LAW NUMBER THRE Miller, Digi OF MONTGOMERY COUNTY, TEXAS SAID uF bi Bopity MONTGO -Y CO} s ECOND 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: I 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: Ld 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 right 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, P! ETS, PROPERTY AND CONDUCT OF THE PARTIES. Minute 2022-493 date: [2{30/2022- 13 Hiding or secreting the child from the other party. 14 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. 16 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. 17 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. 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 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: Mifute Date: 3.4 Intentionally, knowingly, or recklessly causing bodily injury to the other party or to achild of either party. 3.5 Threatening the other party or a child of either 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. 44 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 (6) separate and community property. 46 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 Minute Date: 4.8 Except as specifically authorized by the court, spending any money in cither party’s possession or subject to either party’s control for any purpose. 49 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. 414 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. 5.2 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, PROPERTY AND CONDUCT OF THE PARTIES Mihute Date: record of credit purchases or cash advances, a tax retum, 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 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. 54 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 ftom any social network profile used or created by either party or a child of the parties. 56 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. 63 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. 7. 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. b. 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, “eae OF THE PARTIES Date: c To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation and medical care. d. To make withdrawals from accounts in financial institutions only for the purposes authorized by this order. 8 SERVICE AND APPLICATION OF THIS ORDER. a. 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, b 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. c. 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 COUNTY SECOND AMENDED STANDING ORDER: REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES Minute Date:___. THIS MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES SHALL BECOME EFFECTIVE ON JANUARY 1, 2023. Ponnifee Robe. HON. JENNIFER JAMES ROBIN HON. AMY TUCKER" 410% Judicial District Court County Court at Law #3 (ON. TRACY A. 418" Judicial District Court MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER. REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES Minute Date: