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IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
HECTOR DELAGARZA
418TH JUDICIAL DISTRICT
LISBETT DELAGARZA
AND IN THE INTEREST OF
EMANUEL DELAGARZA, A CHILD MONTGOMERY COUNTY, TEXAS
SECO MENDED PETITION FOR DIVORCE
Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas
Rules of Civil Procedure.
Objection to Assignment of Case to Associate Judge
Petitioner objects to the assig t of this matter to an associate judge for a trial on the
merits or presiding at a jury trial.
Parties
This suit is brought by Hector Delagarza, Petitioner. The last three numbers of Hector
Delagarza's driver's license number are 322. The last three numbers of Hector Delagarza's Social
Security number are 026.
Lisbett Delagarza is Respondent.
Domicile
Petitioner has been a domiciliary of Texas for the preceding six month period and a
resident of this county for the preceding ninety day per
Service
Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil
Procedure, by serving Respondent attorney of record, Amy Harris, 101 Simonton Street,
onroe, Texas 77301, v service: eservice@aharrislawfirm.com
Second Amended Petition for Divorce Delagarza, Hector
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6. Protective Order Statement
No protective order under title4 of the Texas Family Code, under Chapter 7A of the
Texas Code of Criminal Procedure, or an order for emergency protection under Article 17.292 of
the Texas Code of Criminal Procedure is in effect, and no application for a protective order is
pending with regard to the parties to this suit or the child of the parties to this suit.
7. Dates of Marriage and Separation
The parties were married on or about October 12, 2001 and ceased to live together as
spouses on or about November 28, 2017.
8. Grounds for Divorce
The marriage has become insupportable because of discord or conflict of personalities
between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship
and prevents any reasonable expectation of reconciliation.
9. Children of the Marriage
Petitioner and Respondent are parents of the following child of this marriage who is not
under the continuing jurisdiction of any other court:
Name: Emanuel Delagarza
Sex: Male
Birth date: XX/XX/2009
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) of the Texas Family Code will be provided.
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, with all the rights and duties of a parent conservator.
Petitioner should be awarded a Standard Possession Order with all elections under Tex.
Fam. Code § 153.317. In the Alternative, Petitioner should be granted a possession order that the
Court deems to be in the child’s best interest.
The residence of the child should be restricted to Montgomery County, Texas and
contiguous counties thereto.
Second Amended Petition for Divorce – Delagarza, Hector
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10. Division of Community Property
Petitioner believes Petitioner and Respondent will enter into an agreement for the
division of their estate. If such an agreement is made, Petitioner requests the Court to approve
the agreement and divide their estate in a manner consistent with the agreement. If such an
agreement is not made, Petitioner requests the Court to divide their estate in a manner that the
Court deems just and right, as provided by law.
Petitioner should be awarded a disproportionate share of the parties' estate for the
following reasons, including but not limited to:
a. wasting of community assets by the Respondent spouse;
b. actual fraud committed by a Respondent spouse; and
c. constructive fraud committed by a Respondent spouse.
11. Separate Property
Petitioner owns certain separate property that is not part of the community estate of the
parties, and Petitioner requests the Court to confirm that separate property as Petitioner's separate
property and estate.
12. Notice of First Amended Montgomery County Standing Orders
Notice of the Montgomery County First Amended Standing Orders Regarding Children,
Pets, Property and Conduct of the Parties,” is given to Respondent, attached hereto as Exhibit A.
13. Attorney's Fees, Expenses, Costs, and Interest
It was necessary for Petitioner to secure the services of Justin A. Rasch, a licensed
attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the
parties and as a part of the division, 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 Respondent and in favor of Petitioner for the use and benefit of
Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who may enforce the
judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by
law.
14. Prayer
Petitioner prays that citation and notice issue as required by law and that the Court grant a
divorce and all other relief requested in this petition.
Petitioner prays for attorney's fees, expenses, and costs as requested above.
Petitioner prays for general relief.
Second Amended Petition for Divorce – Delagarza, Hector
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Respectfully submitted,
THE HARRISON FIRM, PLLC
215 Simonton Street
CONROE, TX 77301
Tel: (936) 828-3898
Fax: (936) 828-3965
By:
Justin A. Rasch
State Bar No. 24101140
Email: justin@harrisonfirm.net
Attorney for Petitioner
Second Amended Petition for Divorce – Delagarza, Hector
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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 November 9, 2018.
Justin A. Rasch
Attorney for Petitioner
Second Amended Petition for Divorce – Delagarza, Hector
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IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF HECTOR DELAGARZA 418TH JUDICIAL DISTRICT LISBETT DELAGARZA AND IN THE INTEREST OF EMANUEL DELAGARZA, A CHILD MONTGOMERY COUNTY, TEXAS SECO MENDED PETITION FOR DIVORCE Discovery Level Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. Objection to Assignment of Case to Associate Judge Petitioner objects to the assig t of this matter to an associate judge for a trial on the merits or presiding at a jury trial. Parties This suit is brought by Hector Delagarza, Petitioner. The last three numbers of Hector Delagarza's driver's license number are 322. The last three numbers of Hector Delagarza's Social Security number are 026. Lisbett Delagarza is Respondent. Domicile Petitioner has been a domiciliary of Texas for the preceding six month period and a resident of this county for the preceding ninety day per Service Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Respondent attorney of record, Amy Harris, 101 Simonton Street, onroe, Texas 77301, v service: eservice@aharrislawfirm.com Second Amended Petition for Divorce Delagarza, Hector Page 6. Protective Order Statement No protective order under title4 of the Texas Family Code, under Chapter 7A of the Texas Code of Criminal Procedure, or an order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure is in effect, and no application for a protective order is pending with regard to the parties to this suit or the child of the parties to this suit. 7. Dates of Marriage and Separation The parties were married on or about October 12, 2001 and ceased to live together as spouses on or about November 28, 2017. 8. Grounds for Divorce The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. 9. Children of the Marriage Petitioner and Respondent are parents of the following child of this marriage who is not under the continuing jurisdiction of any other court: Name: Emanuel Delagarza Sex: Male Birth date: XX/XX/2009 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) of the Texas Family Code will be provided. 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, with all the rights and duties of a parent conservator. Petitioner should be awarded a Standard Possession Order with all elections under Tex. Fam. Code § 153.317. In the Alternative, Petitioner should be granted a possession order that the Court deems to be in the child’s best interest. The residence of the child should be restricted to Montgomery County, Texas and contiguous counties thereto. Second Amended Petition for Divorce – Delagarza, Hector 2|Page 10. Division of Community Property Petitioner believes Petitioner and Respondent will enter into an agreement for the division of their estate. If such an agreement is made, Petitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement. If such an agreement is not made, Petitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law. Petitioner should be awarded a disproportionate share of the parties' estate for the following reasons, including but not limited to: a. wasting of community assets by the Respondent spouse; b. actual fraud committed by a Respondent spouse; and c. constructive fraud committed by a Respondent spouse. 11. Separate Property Petitioner owns certain separate property that is not part of the community estate of the parties, and Petitioner requests the Court to confirm that separate property as Petitioner's separate property and estate. 12. Notice of First Amended Montgomery County Standing Orders Notice of the Montgomery County First Amended Standing Orders Regarding Children, Pets, Property and Conduct of the Parties,” is given to Respondent, attached hereto as Exhibit A. 13. Attorney's Fees, Expenses, Costs, and Interest It was necessary for Petitioner to secure the services of Justin A. Rasch, a licensed attorney, to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, 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 Respondent and in favor of Petitioner for the use and benefit of Petitioner's attorney and be ordered paid directly to Petitioner's attorney, who may enforce the judgment in the attorney's own name. Petitioner requests postjudgment interest as allowed by law. 14. Prayer Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition. Petitioner prays for attorney's fees, expenses, and costs as requested above. Petitioner prays for general relief. Second Amended Petition for Divorce – Delagarza, Hector 3|Page Respectfully submitted, THE HARRISON FIRM, PLLC 215 Simonton Street CONROE, TX 77301 Tel: (936) 828-3898 Fax: (936) 828-3965 By: Justin A. Rasch State Bar No. 24101140 Email: justin@harrisonfirm.net Attorney for Petitioner Second Amended Petition for Divorce – Delagarza, Hector 4|Page 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 November 9, 2018. Justin A. Rasch Attorney for Petitioner Second Amended Petition for Divorce – Delagarza, Hector 5|Page