This product is an editable word doc which is a redacted counterpetition for divorce with children. It was filed by a top divorce Firm in San Antonio. It is redacted, and is useful for formulating exactly how to draft your own counterpetition for divorce.
Partial content of Product ORIGINAL COUNTERPETITION FOR DIVORCE
1. Discovery Level
Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure.
This suit is brought by WIFE, Counterpetitioner. The last three numbers of WIFE’s driver’s license number are _____. The last three numbers of WIFE’s Social Security number are_____.
HUSBAND is Counterrespondent.
Counterpetitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period.
Service of this document may be had in accordance with Rule 21a, Texas Rules of Civil Procedure, by serving Counterrespondent’s attorney of record, ______________________.
5. Protective Order Statement
No protective order under title 4 of the Texas Family Code, protective order under subchapter A, chapter 7B of the Texas Code of Criminal Procedure, or order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure is in effect in regard to a party to this suit or a child of a party to this suit and no application for any such order is pending.
6. Dates of Marriage and Separation
The parties were married on or about ______________________ and ceased to live together as spouses on or about _______________.
7. Grounds for Divorce
Counterrespondent is guilty of cruel treatment toward Counterpetitioner of a nature that renders further living together insupportable.
In the alternative, the marriage has become insupportable because of discord or conflict of personalities between Counterpetitioner and Counterrespondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.
8. Children of the Marriage
Counterpetitioner and Counterrespondent are parents of the following children of this marriage who are not under the continuing jurisdiction of any other court:
Birth date: ___________
Birth date: _____________
There are no court-ordered conservatorships, court-ordered guardianships, or other court-ordered relationships affecting the children the subject of this suit.
Information required by section 154.181(b) and section 154.1815 of the Texas Family Code will be provided at a later time.
No property of consequence is owned or possessed by the children the subject of this suit.
The appointment of Counterpetitioner and Counterrespondent as joint managing conservators would not be in the best interest of the children. Counterpetitioner, on final hearing, should be appointed sole managing conservator, with all the rights and duties of a parent sole managing conservator, and Counterrespondent should be ordered to provide support for the children, including the payment of child support and medical and dental support in the manner specified by the Court. Counterpetitioner requests that the payments for the support of the children survive the death of Counterrespondent and become the obligation of Counterrespondent’s estate.
Preceding the filing of this suit, Counterrespondent has engaged in a history or pattern of child abuse and child neglect.
Counterpetitioner requests that the Court consider this conduct in appointing Counterpetitioner as sole managing conservator or in the alternative the parties as joint managing conservators.
Counterpetitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the children without a geographical restriction.
The Court should award Counterpetitioner the exclusive right to enroll the children in school.
Counterpetitioner requests the Court to order reasonable periods of electronic communication between the children and Counterpetitioner to supplement Counterpetitioner’s periods of possession of the children.
Counterrespondent has a history or pattern of committing family violence during the two-year period preceding the date of filing of this suit. Counterpetitioner requests the Court to deny Counterrespondent access to the children. Alternatively, if the Court finds that awarding Counterrespondent access to the children would not endanger the children’s physical health or emotional welfare and would be in the best interest of the children, Counterpetitioner requests that the Court render a possession order that is designed to protect the safety and well-being of the children and any other person who has been a victim of family violence committed by Counterrespondent, including but not limited to ordering that the periods of access be continuously supervised by an entity or person chosen by the Court, ordering that the exchange of possession of or access to the children occur in a protective setting, ordering Counterrespondent to refrain from the consumption of alcohol or a controlled substance within the twelve hours before or during each of Counterrespondent’s periods of possession or access to the children, and ordering Counterrespondent to attend and complete a battering intervention and prevention program or, if such a program is not available, to complete a course of treatment with a mental health professional in accordance with section 153.010 of the Texas Family Code.
There is a history or pattern of child neglect and abuse committed by Counterrespondent. Counterpetitioner requests the Court to deny Counterrespondent access to the children. Alternatively, Counterpetitioner requests that the Court render a possession order that provides that Counterrespondent’s periods of visitation be continuously supervised by an entity or person chosen by the Court.
9. Amicus Attorney
Counterpetitioner requests the Court to appoint an Amicus Attorney to provide legal services necessary to assist the Court in protecting the best interests of the child the subject of this suit.
10. Division of Community Property
Counterpetitioner requests the Court to divide the estate of Counterpetitioner and Counterrespondent in a manner that the Court deems just and right, as provided by law.
11. Separate Property
Counterpetitioner owns certain separate property that is not part of the community estate of the parties, and Counterpetitioner requests the Court to confirm that separate property as Counterpetitioner’s separate property and estate.
12. Postdivorce Maintenance
Counterpetitioner requests the Court to order that Counterpetitioner be paid postdivorce maintenance for a reasonable period in accordance with chapter 8 of the Texas Family Code.
13. Request for Temporary Orders and Injunction
Counterpetitioner requests the Court, after notice and hearing, to dispense with the issuance of a bond, to make temporary orders and issue any appropriate temporary injunctions for the preservation of the property and protection of the parties and for the safety and welfare of the children of the marriage as deemed necessary and equitable. Counterpetitioner requests that the Court enjoin Counterrespondent from the following:
1. Intentionally communicating with Counterpetitioner in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm Counterpetitioner.
2. Threatening Counterpetitioner 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.
3. Placing a telephone call, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm Counterpetitioner.
4. Intentionally, knowingly, or recklessly causing bodily injury to Counterpetitioner or to a child of either party.
5. Threatening Counterpetitioner or a child of either party with imminent bodily injury.
6. Intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties 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 the child of the marriage.
7. Intentionally falsifying a writing or record, including an electronic record, relating to the property of either party.
8. Intentionally misrepresenting or refusing to disclose to Counterpetitioner or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.
9. Intentionally or knowingly damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.
10. Intentionally or knowingly tampering with the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to Counterpetitioner.
11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of one or both of the parties, whether personal property, real property, or intellectual property, and whether separate or community property, except as specifically authorized by order of this Court.
12. Incurring any debt, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court.
13. Withdrawing money from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court.
14. Spending any money in either party’s possession or subject to either party’s control for any purpose, except as specifically authorized by order of this Court.
15. 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, except as specifically authorized by order of this Court.
16. Withdrawing, transferring, assigning, encumbering, selling, or in any other manner alienating any funds or assets held in any brokerage account, mutual fund account, or investment account by one or both parties, regardless of whether the funds or assets are community or separate property and whether the accounts are self-managed by a third party, except as specifically authorized by order of this Court.
17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policy on the life of either party or the parties’ child, except as specifically authorized by order of this Court.
18. Entering any safe-deposit box in the name of or subject to the control of one or both of the parties, whether individually or jointly with others.
19. Changing or in any manner altering the beneficiary designation on any life insurance policy on the life of either party or the parties’ child.
20. Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any life, casualty, automobile, or health insurance policy insuring the parties’ property or persons including the parties’ child.
21. Opening or diverting mail or e-mail or any other electronic communication addressed to Counterpetitioner.
22. Signing or endorsing Counterpetitioner’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 Counterpetitioner without the personal signature of Counterpetitioner.
23. Taking any action to terminate or limit credit or charge cards in the name of Counterpetitioner.
24. Discontinuing or reducing the withholding for federal income taxes from either party’s wages or salary.
25. Destroying, disposing of, or altering any financial records of the parties, including but not limited to a canceled check, deposit slip, and other records from a financial institution, a record of credit purchases or cash advances, a tax return, and a financial statement.
26. 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 matters of this case, whether stored on a hard drive, in a removable storage device, in cloud storage or in another electronic storage medium.
27. Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matters of this case, whether stored on a hard drive, in a removable storage device, in cloud storage, or in another electronic storage medium.
28. Deleting any data or content from any social network profile used or created by either party including the parties’ child.
29. Using any password or personal identification number to gain access to Counterpetitioner’s e-mail account, bank account, social media account, or any other electronic account.
30. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or any other contractual services, including security, pest control, landscaping, or yard maintenance, at 23814 Carina Cyn, San Antonio, Texas 78255 or in any manner attempting to withdraw any deposits for service in connection with any of those services.
31.Excluding Counterpetitioner from the use and enjoyment of the residence located at 23814 Carina Cyn, San Antonio, Texas 78255.
32. Entering, operating, or exercising control over any vehicle in the possession of the Counterpetitioner.
33.Disturbing the peace of the child or of another party.
34. Withdrawing the child from enrollment in the school or day-care facility where the child is presently enrolled.
35.Hiding or secreting the child from Counterpetitioner.
36. Making disparaging remarks regarding Counterpetitioner or Counterpetitioner’s family in the presence or within the hearing of the child.
37. Consuming alcohol within the twenty-four hours before or during each of Counterrespondent’s periods of possession of or access to the child.
38. Permitting an unrelated adult with whom Counterrespondent has an intimate or dating relationship to remain in the same residence with the child between the hours of 8:00 P.M. and 6:00 A.M.
Counterpetitioner requests that Counterrespondent be authorized only as follows:
To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care.
To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit.
To make withdrawals from accounts in financial institutions only for the purposes authorized by the Court’s order.
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