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risk. To get a referral to an attorney, call the State Bar of Texas Lawyer Referral Information Service at 1-30RR2G8H490. MNBuFdEED
victim of domestic violence, or if at any time you feel unsafe, you can get confidential help from the Natio!
Hotline at 1-800-799-7233 or legal help from the Texas Advocacy Project Family Violence Legal Line at anes
(Print your answers in blue ink)
Cause Number: ZA- tu- O¥URO, AUN 05 2024
(The Clerk's office will fill in the Cause Number when you file this fagallaa Millar, Bistriat Clerk
Me,
IN THE MATTE! OF Dp MARRIA‘ KOS
laputy
Petitioner: S £ phy C0 | Es at Ce one):
(Print first, riddle. and last name of the spouse 1 County Court at
filing for divorce) TN reBistrict Court Law of:
(Court Number)
Respondent: '’ ‘h [- i Yh, )Etcl 2 Hutt wecl Y ‘County, Texas
(Printfirst, middle, and last name of other spoust Ua
Original Petition for Divorce
(Divorce Set 1 - Uncontested, No Minor Children, No Real Property)
WARNING: Read all of the Instructions for Divorce Set 1 before filling out this form
1. Parties
Petitioner
My name is: SHephe n Mehael ke [gusSon
First Me
The last three "ils of rapes license number are:()__) My driver's license
was issued in
a do not have a driver's license number.
The last three numbers of my social security number are q g 7
Or] | do not have a social security number.
Christy
Respondent
My spouse’s name is:
First
Apc\
Ividale
% so:
2. Discovery
The discovery level in this case is Level 2
Legal Notice
(Check one box)
cat O | do not think my spouse will sign a Waiver of Service. | will have a sheriff, constable, process
SeesSNE or my SY this ne etition
FS atnaa
this Wh,
Let City a Zip
GYIEG
If this is a work address, name of business:
ask th rk to issue a Citation of Service (the form necessary to provide legal notice to my
spou understand that | will need to pay the fee (or file an Affidavit of Indigency form to
show thi ourt that | am unable to‘pay the fee) and arrange for service.
© Form Approved by the Supreme Court of Texas by order'in Misc. Docket No. 13-9085 (June 17, 2013)
for Divorce (Divorce Set 7 -.Uncontested, No Minor*Childr No Real Property) Page 1 of 5
i | a
i
, if {think my spouse will sign a Waiver of Service. Do not send a sheriff, constable, or process
server to serve my spouse with this Original Petition.
If my spouse does not sign a Waiver of Service, | will ask a sheriff, constable, process server,
13 NE Ste RE
Street Address
e with
é #) S
IS. Original Petitio
“Ly
City
Me WA
is address;
¢
State
Y7SOD
Zip
If this is a work address, name of business:
Name of business
| will ask the clerk to issue the Citation of Service (the form necessary to provide legal notice to
my spouse). | understand that | will need to pay the fee (or file an Affidavit of Indigency form to
show the Court that | am unable to pay the fee) and arrange for service.
4. Jurisdiction
on of Residence: (Check all boxes that apply)
| have lived in this county for the last 90 days.
(1 My spouse has lived in this county for the last 90 days.
CL Lam serving in the armed forces outside of Texas, but this county has been the home
county of either my spouse or me for at-least 90 days.
CJ | have accompanied my spouse who is serving in the armed forces outside of Texas, but
this county has been the home county of either my spouse or me for at least 90 days.
C1 None of the above apply.
yi Residence: (Chéck all boxes that apply)
| have lived in Texas for the last six months.
C1 My spouse has lived in Texas for the last six months.
CL My spouse does not reside in Texas but Texas is the last state where we lived together as a
married couple. This petition is filed less than two years after we separated.
LJ | am serving in the armed forces outside of Texas, but Texas is the home state of either my
spouse or me and has been for at least six months.
CJ | have accompanied my spouse who is serving in the armed forces outside of Texas, but
Texas is the home state of either my spouse or me and has been for at least six months.
CL None of the above apply.
5. Protective Order Statement
(Select Option A, B, or C and check the appropriate box(es).)
A. No Protective Order —
{ do not have a Protective Order against my spouse and | have not asked for one.
wf ay spouse does not have a Protective Order against me and has not asked for one.
B. Pending Protective Order —
CJ | have filed paperwork asking for a Protective Order against my spouse, but a judge has not
decided if | should get it. | asked for a Protective Order on in
Date Filed
© Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 13-9085 (June 17, 2013)
Petition for Divorce (Divorce Set 1 - Uncontested, No Minor Children, No Real Property) Page
2 of 5
, . The cause number is
County State Cause Number
If | get the Protective Order, | will file a copy of it before any hearings in this divorce.
CI My spouse has filed paperwork asking to get 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
in ’ . The cause
Date Filed County State
number is . If my spouse gets the Protective Order, | will file a
Cause Number
copy of it before any hearings in this divorce.
C. Protective Order in Place -
DD | do have a Protective Order against my spouse. | got the Protective Order in
County
on . The cause number for the Protective Order
State Date Ordered
is . Either | have attached a copy of the Protective Order to this
Cause Number
Original Petition or | will file a copy of it with the court before any hearings in this divorce.
LD My spouse does have a Protective Order against me. The Order was made in ee
County
on . The cause number for the Protective Order
State Date Ordered
is . Either | have attached a copy of the Protective Order to this
Cause Number
Original Petition or | will file a copy of it with the court before any hearings in this divorce.
6. Marriage and Grounds for Divorce
My spouse and | got married on or about: D3 Ba BOIS
Month Day Year
The marriage has become insupportable due to discord or conflict of personalities that destroys the
legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
7. Children
My spouse and | do not have any biological or adopted children together who are under the age of
18.
\
My spouse and | do not have any biological or adopted children together who are 18 years old or
older and are still in high school.
My spouse and | do not have any disabled children of any age.
The wife has not had a child by another man since the date of marriage.
The wife is not pregnant.
© Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 13-9085 (June 17, 2013)
Petition for Divorce (Divorce Set 1 - Uncontested, No Minor Children, No Real Property) Page
3 of 5
Property and Debts
Community Property
My spouse and | will try to make an agreement about how to divide the personal property and debts
we acquired during our marriage. If we cannot agree, | ask the Court to divide our personal
property and debts according to Texas law.
Separate Personal Property
| own the following separate personal property. | owned this personal property before | was married
or | received this personal property as a gift or inheritance during my marriage.
4
Cars, trucks, motorcycles or other vehicles
| owned these vehicles before marriage:
Year Make Model Vehicle Identification No. [VIN]
[
| received these vehicles as a gift or inheritance:
Year Make Model Vehicle Identification No. [VIN]
Other Money or Personal Property
| owned Th following money or personal property before my marriage:
Al
1 yf ne as a gift the following money or personal property during my marriage:
7
| received the following money recovery for personal injuries that occurred during the marriage
that is not for lost wages or medical expenses:
wl,
| ask the Court to confirm this personal property as my separate personal property in my Final
Decree of Divorce.
© Form Approved by the Supreme Court of Texas by order in Misc. Docket No. 13-9085 (June 17, 2013)
Petition for, Divorce Divorce, Set 1 - Uncontested, No Minor Children, No Real Property) Page 4 of 5
9. Name Change
Note: You cannot use this form to change your name to anything other than a name that you used
before you got married
df
‘Check only one)
lam NOT asking the court to change my name.
C0 !ask the Court to change my name back to a name | had before my marriage. | am not asking the
court to change my name to avoid criminal prosecution or creditors.
First Middle Last
10.Prayer
| ask the Court to grant me a divorce.
| also ask the Court to make the other orders | have asked for in this Original Petition for Divorce
and any other orders to which | am entitled
Hevespenl foxet ofl COPY. RE2Y
Potifi ’s whme int) Date
(UBAL4-153G
Pesta
ORES [fre fh }) | Phone Numb:
Dfives Caney fC. TL. 7
Petitioner's Mailing ‘Address City State Zip
! understand that | must let the Court and my spouse (or my spouse’s attorney) know in
writing if my mailing address or phone number changes during this case. If | don’t, any
notices about this case will be sent to me at the address on this form
5,
© Form Approved by the . Supreme? “Court of Texas by order in Misc. Docket No. 13-9085 (June 17, 2013)
Petition for Divorce t 1 =, “Uncontested, No Minor Children, No Real Property) Page 5 of 5
8
RECEIVED
At
NO
RE COR Fite,
Clock
IN THE 410% AND 418" DISTRICT COURTS
DEC 28 amy7
AND THE COUNTY COURT AT LAW NUMBER THRE iy Miller, Big:
OF MONTGOMERY COUNTY, TEXAS YAID
ONY
ily
M ONTGOMERY COUNTY SEC AMENDED STANDING ORDER REGARDIN IG
CHILDREN, PETS. PROPERTY AND CONDUCT OF THE PARTIES
THIS MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES IS
BINDING ON (1) THE PARTIES, (2) THE PARTIES’ OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, AND ATTORNEYS, AND (3) ANY OTHER PERSON WHO
ACTS IN CONCERT WITH THE PARTIES OR THEIR AGENTS AND WHO
RECEIVES ACTUAL NOTICE OF THESE ORDERS, AND IS ENFORCEABLE BY
CONTEMPT OF COURT, INCLUDING FINE AND/OR IMPRISONMENT.
No party to this lawsuit has requested this order. Rather, this order is a standing order of
the 410" and 418" District Courts and the County Court at Law Number Three (3) of
Montgomery County, Texas, that applies in every divorce suit and every suit affecting the
parent-child relationship filed in Montgomery County. The 410" and 418" District Courts and
the County Court at Law Number Three (3) of Montgomery County, Texas, have adopted this
order because the parties, their children and the family pets should be protected and their
property preserved while the lawsuit is pending before the court. The term “party” as used in
this order does not include the Office of the Attorney General of Texas. Therefore, it is
ORDERED:
1 NO DISRUPTION OF A CHILD. All parties are ORDERED to refrain from doing the
following acts concerning any child who is a subject of this case:
LI Removing the child from the State of Texas, for the purpose of changing the
residence of the child or evading the jurisdiction of the court, acting directly or in
concert with others, without the written agreement of both parties or an order of
the court; provided, however, that this paragraph shall not prohibit or restrict a
party from so removing the child if an active prior court order gives that party the
tight to designate the child’s primary residence outside the State of Texas or
without regard to geographic location.
1.2 Disrupting or withdrawing the child from the school or day-care facility where the
child is presently enrolled, without the written agreement of both parents or an
order of the court; provided, however, that this paragraph shall not prohibit or
restrict a party from so withdrawing the child from a school or day-care facility if
that party is changing the child’s domicile or residence within that party’s rights
pursuant to an active prior court order as described in 1.1 above.
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
1
1.3 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.
1.6 Making disparaging remarks about another party or another party’s family
members, including but not limited to the child's grandparents, aunts, uncles,
stepparents, or anyone with whom a party has a dating relationship, in the
presence or within the hearing of the child.
1.7 Discussing with the child, or with any other person in the presence of the child,
any litigation related to the child or any other party.
18 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
32
ie
«
3.4 Intentionally, knowingly, or recklessly causing bodily injury to the other party or
to a child of either party.
3.5 Threatening the other party or a child 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] 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.
4.2 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.
4.3 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 f
the parties or either party, including electronically stored or recorded information,
and causing pecuniary loss or substantial inconvenience to the other party.
45 Except as specifically authorized by the court, selling, transferring, assigning,
mortgaging, encumbering, or in’any other manner alienating any of the property
of the parties or either party, regardless of whether the property is (a) personal
property, real property, or intellectual property, or (b) separate and community
property.
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 ordér, withdrawing money from any
checking or savings account in a financial institution for any purpose.
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
3
48 Except as specifically authorized by the court, spending any money in either
party’s possession or subject to either party’s control for any purpose.
4.9 Except as specifically authorized by the court, withdrawing or borrowing money
in any manner for any purpose from any retirement, profit sharing, pension, death,
or other employee benefit plan, employee savings plan, individual retirement
account, or Keogh account of either party.
4.10 Entering any safe deposit box in the name of or subject to the control of the
parties or either party, whether individually or jointly with others.
4.11 Signing or endorsing the other party’s name on any negotiable instrument, check,
or draft, including a tax refund, insurance payment, and dividend, or attempting to
negotiate any negotiable instrument payable to the other party without the
personal signature of the other party.
4.12 Taking any action to terminate or limit credit or charge credit cards in the name of
the other party.
4.13 Discontinuing or reducing the withholding for federal income taxes from either
party’s wages or salary.
4.14 Terminating or in any manner affecting the service of water, electricity, gas,
telephone, cable television, or other contractual service, including security, pest
control, landscaping, or yard maintenance at the residence of either party, or in
any manner attempting to withdraw any deposit paid in connection with any of
those services.
4.15 Excluding the other party from the use and enjoyment of the other party’s
residence.
4.16 Entering, operating, or exercising control over a motor vehicle in the possession
of the other party.
PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE. “Records” means
any tangible document or recording and includes e-mail or other digital or electronic data,
whether stored on a computer hard drive, diskette or other electronic storage device. If
this is a divorce case, both parties to the marriage are ORDERED to refrain from doing
the following acts:
5.1 Intentionally falsifying a writing or record, including an electronic record, relating
to the property of either party.
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:
récord of credit purchases or cash advances, a tax return, and. a financial
statement.
5.3 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 from any social network profile used or created by
.
either party or a child of the parties.
5.6 Using any password or personal identification number to gain access to the other
party’s e-mail account, bank account, social media account, or any other
electronic account,
INSURANCE _IN_ DIVORCE CASE If this is a divorce case, both parties to the
marriage are ORDERED to refrain from doing the following acts:
6.1 Except as specifically authorized by the court, withdrawing or borrowing in any
manner all or any part of the cash surrender value of a life insurance policy on the
life of either party or a child of the parties.
6.2 Changing or in any manner altering the beneficiary designation on any life
insurance policy on the life of either party or a child of the parties.
6.3 Canceling, altering, failing to renew or pay premiums on, or in any manner
affecting the level of coverage that existed at the time the suit was filed of, any
life, casualty, automobile, or health insurance policy insuring the parties’ Property
or persons, including a child of the parties.
SPECIFIC AUTHORIZATIONS IN-DIVORCE CASE. [If this is a divorce case, both
parties to the marriage are specifically authorized to do the following:
- a. To engage in acts reasonable and necessary to conduct each party’s usual business
and occupation.
To make expenditures and incur indebtedness for reasonable attorney’s fees and
expenses in connection with this suit.
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
5
To make expenditures and incur indebtedness for reasonable and necessary living
expenses for food, clothing, shelter, transportation and medical care.
To make withdrawals from accounts in financial institutions only for the purposes
authorized by this order.
SERVICE AND APPLICATION OF THIS ORDER.
The Petitioner shall attach a copy of this order to the original petition and to each
copy of the petition. At the time the petition is filed, if the Petitioner has failed to
attach a copy of this order to the petition and any copy of the petition, the Clerk
shall ensure that a copy of this order is attached to the petition and every copy of
the petition presented.
This order is effective upon the filing of the original petition and shall remain in
full force and effect as a temporary restraining order for fourteen days after the
date of the filing of the original petition. If, after service, no party contests this
order by presenting evidence at a hearing on or before fourteen days after the date
of service of the filing of the original petition, this order shall continue in full
force and effect as a temporary injunction until further notice of the court. This
entire order will terminate and will no longer be effective only upon further order
of the court, entry of a final order, or dismissal of the case.
In addition to any other remedies available for the enforcement of this order, at
the court's discretion, the court may award reasonable and necessary attorney fees
against a party found to have violated a provision of this order.
EFFECT OF OTHER COURT ORDERS. If any part of this order is different from
any part of a protective order that has already been entered or is later entered, the
protective order provisions prevail. Any part of this order not changed by some later
order remains in full force and effect until the court signs a final order.
10. PARTIES ENCOURAGED TO MEDIATE. The parties are encouraged to settle their
disputes amicably without court intervention. The parties are encouraged to use
alternative dispute resolution methods, such as mediation, to resolve the conflicts that
may arise in this lawsuit. Mediation may be required by the court to which the case is
assigned, and the parties are ordered to comply with any such requirement from said
court.
11, BOND WAIVED. It is ORDERED that the requirement of a bond is waived.
MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER.
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES
6
THIS MONTGOMERY COUNTY SECOND AMENDED STANDING ORDER
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE
PARTIES SHALL BECOME EFFECTIVE ON JANUARY 1, 2023.
HON. JENNIFER JAMES ROBIN
(AT
HON. AMY TUCKER
&ae
410" Judicial District Court County Courtat Law #3
a
IN. TRACYA.
418" Judicial District Court
MONTGOMERY COUNTY SECOND AMENDED STANDING onpeR
REGARDING CHILDREN, PETS, PROPERTY AND CONDUCT OF THE PARTIES.
7