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When individuals find themselves at the receiving end of a divorce petition, navigating the legal steps can be overwhelming. The "Respondent's Original Answer" form plays a crucial role in this process, acting as the formal reply to the Original Petition for Divorce in Texas. This document, saturated with significant implications, seeks to safeguard the respondent's interests, touching upon elements of personal and property rights. With an explicit caution against proceeding without legal counsel, the form highlights the risks involved in handling the divorce solo, potentially affecting one's assets and financial well-being. Notably, it addresses concerns specific to out-of-state respondents, emphasizing the jurisdictional power of Texas courts and the consequences of participating in the proceeding without proper legal advice. The instructions underscore the importance of filing the answer post-receipt of the divorce petition, meticulous completion, and timely submission to the relevant court. The form encompasses sections for personal identification, a general denial enabling participation in the case, and crucial contact information to ensure the respondent receives all case-related notifications. Detailing property claims and any requests for name restoration post-divorce signify the personal and financial stakes involved. Completing the document with a request for judgment and a certificate of service underscores the formal engagement in the divorce proceedings, making this form a foundational step in responding to a divorce petition in Texas.

Preview - Respondent's Original Answer Form

NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.

Cause No.

Print court information exactly as it appears on the Original Petition for Divorce

In the Matter of the Marriage of

In the ______________

 

(Court Number)

Petitioner:

Print first, middle, and last name of spouse filing divorce.

and

Respondent:

Print first, middle, and last name of other spouse.

District Court

County Court at Law

County,

Texas

Respondent’s Original Answer

WARNING to Respondent: Without the advice and help of a lawyer, you may be putting yourself, your property and your money at risk. For a referral to a lawyer or free legal aid office, call the State Bar of Texas Lawyer Referral Information Service at 800-252-9690. If you are a victim of family violence, or if at any time you feel unsafe, you can get confidential help from the National Domestic Violence Hotline at 800-799-7233, or legal help from the Texas Advocacy Project Family Violence Legal Line at 800-374-4673.

WARNING to Out-of-State Respondent: Filing an Answer with the Court enters your appearance in this case. Talk to a lawyer before filing an Answer if you 1) do not live in Texas and 2) do not want a Texas court to have the power to make orders that would impose a personal obligation on you. Such orders could include orders dividing your property and debts and (if requested by your spouse) ordering you to pay spousal support, court costs, and attorney’s fees. If you file an Answer (or any pleading) before filing a Special Appearance, you will give up your right to argue that Texas can’t make such orders because you live out of state. Ask a Texas attorney to help you determine if Texas has personal jurisdiction over you.

INSTRUCTIONS to Respondent: If you decide to use this form:

●Do not sign it until at least one day after the Original Petition for Divorce has been filed (turned in to the court). Your spouse should have given you a copy of the Original Petition for Divorce. The official court stamp on your copy will tell you when it was filed.

●Fill out this form completely.

●File (turn in) the original signed form to the court where your spouse filed the Original Petition for Divorce. Keep a copy for your records. Give a copy to your spouse.

●Get additional information about divorce at www.TexasLawHelp.org.

Print your answers.

My name is: ____________________________________________________________________.

 

First

Middle

 

Last

I am the Respondent in this divorce case.

 

 

 

The last three numbers of my driver’s license number are: ___

___

___. 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 security number are: ___

___

___.

or

I do not have a social security number

 

 

 

FM-DivAD-102 Respondent’s Original Answer [SET A or SET D] (Rev. 09-2021)

 

Page 1 of 4

© TexasLawHelp.org

 

 

 

1. General Denial

I enter a general denial. I want to be notified of all hearings in this case.

But, if my spouse and I reach an agreement and I sign a Final Decree of Divorce, I agree that the Judge can finalize this case without my getting notice of the hearing and without my coming to Court.

2. Contact Information

My mailing address is: ___________________________________________________________.

Mailing AddressCityState Zip

My email address is: ____________________________________________________________.

My phone number is: ________________________________________________.

I understand that I must notify the Court and my spouse’s attorney or my spouse (if my spouse does not have an attorney) in writing if my mailing address or email address changes during these divorce proceedings.

I understand that, unless I notify the Court, my spouse’s attorney or my spouse (if my spouse does not have an attorney) in writing of changes to my mailing address and email address, all information about this case, including the date and time of hearings, will be sent to me at the mailing address or email address on this form.

3. Discovery level

The discovery level in this case, if needed, is: (Check one box.)

Level 1. (Check here if you and your spouse have more than $0 and less than $250,000 in property.) Level 2. (All other couples check here.)

Check only if applicable.

This is an action involving domestic violence and is exempt from the initial disclosure requirement under Texas Rule of Civil Procedure 193.2(d)(7).

4. Separate Property

I own the following separate property. I owned this property before I was married, or I received this property as a gift or inheritance during my marriage, or I received this property as recovery for personal injuries sustained during my marriage (not including any recovery for loss of earning capacity during my marriage). I ask the Court to confirm this property as my separate property in my Final Decree of Divorce.

1.

House or land located at: _______________________________________________________.

 

 

 

 

street address

 

city

 

state

ZIP

2.

Cars, trucks, motorcycles, mobile homes or other vehicles

 

 

 

 

 

 

Year

 

Make

 

Model

 

Vehicle Identification No. [VIN]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FM-DivAD-102 Respondent’s Original Answer [SET A or SET D] (Rev. 09-2021)

Page 2 of 4

© TexasLawHelp.org

 

3.Other property I owned before I was married or received as a gift or inheritance during my marriage (describe):

4.Money I received as recovery for personal injuries sustained during my marriage (not including any recovery for loss of earning capacity during my marriage) (describe):

5.Name Change

(Check one.)

I am NOT asking the court to change my name.

I ask the Court to change my name back to:

________________________________________________________________________________.

First

Middle

Last

This is a name I have used before.

I am not asking the court to change my name to avoid criminal prosecution or to avoid payment of debt.

6. Request for Judgment

I ask the Court for general relief.

Complete the information below.

_____________________________________________

_________________________________

Respondent’s Signature

Date

______________________________________________

_________________________________

Respondent’s Printed Name

Phone Number

_____________________________________________________________________________________

Mailing Address

City

State

ZIP

___________________________________________________

_____________________________________

Email Address

Fax number (if available)

 

 

FM-DivAD-102 Respondent’s Original Answer [SET A or SET D] (Rev. 09-2021)

Page 3 of 4

© TexasLawHelp.org

 

7. Certificate of Service

I will give a copy of this document to my spouse’s attorney or my spouse (if my spouse does not have an attorney) on the same day this document is filed with (turned in to) the Court as follows:

If I file this document electronically, I will send a copy of it to my spouse or my spouse’s attorney through the electronic file manager if possible. If not possible, I will give a copy to my spouse or my spouse’s attorney in person, by mail, by commercial delivery service, by fax, or by email.

If I file a paper copy of this document, I will give a copy of it to my spouse or my spouse’s attorney in person, by mail, by commercial delivery service, by fax, or by email.

 

Respondent’s Signature

Date

FM-DivAD-102 Respondent’s Original Answer [SET A or SET D] (Rev. 09-2021)

Page 4 of 4

© TexasLawHelp.org

 
Download Respondent's Original Answer PDF Form

Form Data

Fact Detail
Document Title Respondent’s Original Answer
Warning on the Form The form contains a warning advising the respondent of the risks of proceeding without a lawyer and provides contact information for legal aid.
Primary Purpose To formally answer a divorce petition filed in Texas.
Special Instructions Respondents are instructed not to sign the document until at least one day after the divorce petition has been filed and to file the signed original with the court where the divorce was filed.
Content Requirement It requires the respondent's contact information, a general denial or agreement statement, discovery level, list of separate property, and any request for a name change.
Governing Law Texas Family Code and relevant Texas Rules of Civil Procedure
Discovery Level Options There are two levels of discovery based on the value of the couple’s property.
Signature Necessities The form ends with the respondent's request for judgment, signature, printed name, and a certificate of service indicating how the document will be delivered to the other party.

Instructions on Utilizing Respondent's Original Answer

Filling out the Respondent's Original Answer form is a crucial step in responding to a divorce petition. This process ensures your participation in the divorce proceedings, allowing you to assert your rights and preferences regarding the outcome. The accuracy of the information you provide is vital, as it forms the basis of your defense and requests within the divorce case. It is highly advisable to consult with an attorney to understand the implications of your responses and to ensure that your interests are adequately protected throughout the legal process.

  1. Begin by carefully reading the notice at the top of the form, understanding the implications of submitting the document, especially regarding sensitive data and legal warnings.
  2. Fill out the "Cause No." and "Court information" fields exactly as they appear on the Original Petition for Divorce.
  3. Under the section titled "In the Matter of the Marriage of," write the court number and the names of both the petitioner (the spouse filing for divorce) and respondent (you).
  4. Select the appropriate court type (District Court or County Court at Law) and fill in the county name in Texas where the case is filed.
  5. Enter your full name (first, middle, last) under the "Respondent" section to identify yourself in the case.
  6. Provide the last three digits of your driver's license number and the state where it was issued, or indicate if you don't have one. Do the same for your social security number.
  7. Check the box for "General Denial" to indicate you are contesting the allegations in the Original Petition for Divorce, unless you've reached an agreement with your spouse.
  8. Fill in your contact information, including mailing address, email address, and phone number, to ensure the court and your spouse’s attorney (or your spouse, if they don't have an attorney) can contact you.
  9. Choose the appropriate "Discovery level" based on the value of your shared property with your spouse. Check the box if domestic violence is involved, exempting you from initial disclosure requirements.
  10. List all separate property that you own, stating its description and asking the court to confirm it as your separate property in your Final Decree of Divorce.
  11. Indicate if you are requesting a name change post-divorce. Provide the name you wish to revert to, ensuring it's a name previously used and not for the purpose of evading legal issues.
  12. Sign and date the section labeled "Request for Judgment," printing your name, contact information, and the date you sign the document.
  13. Complete the "Certificate of Service" section, acknowledging your obligation to provide a copy of this document to your spouse or their attorney. Sign and date this section as well.
  14. Finally, file the original signed form with the court clerk where your spouse filed the Original Petition for Divorce, keeping a copy for your records and providing a copy to your spouse.

Remember, this form is a critical component of your response to the divorce proceedings. It is an opportunity to ensure your voice is heard in the process, making it essential to complete it thoughtfully and accurately. Consulting with a legal professional can provide guidance tailored to your situation, helping you navigate the complexities of the legal system.

Obtain Answers on Respondent's Original Answer

  1. What is the purpose of filing a Respondent's Original Answer in a divorce case?

    The purpose of filing a Respondent's Original Answer is to officially notify the court and the petitioner—the spouse who initiated the divorce—that the respondent acknowledges the divorce proceedings. This document is crucial because it allows the respondent to state their general stance about the allegations in the divorce petition, assert rights, and express their desire to participate in the case. Filing this form ensures that the respondent is informed about all hearings and decisions during the divorce process. Furthermore, it serves as an avenue for the respondent to outline any separate property claims, request a name change, and communicate other pertinent information related to the divorce case.

  2. When must the Respondent's Original Answer be filed, and what happens if it's not filed on time?

    The Respondent’s Original Answer must be filed with the court after receiving the Original Petition for Divorce but not before at least one day has passed since the petition was filed. Accurate timing is critical; the respondent should also ensure they provide a copy to their spouse. Failing to file an answer or not filing it within the legal timeframe can lead to potential complications. Specifically, if the answer is not filed on time, the court might allow the case to proceed without the respondent's input, which could lead to a default judgment in favor of the petitioner. This could unfavorably affect the respondent's rights regarding property division, custody arrangements, and other key matters decided in the divorce.

  3. What information is required on the Respondent's Original Answer?

    The Respondent's Original Answer form demands specific, but straightforward information from the responding spouse. This includes the respondent’s contact information (mailing address, email, and phone number), any changes to which must be communicated to the court and the petitioner’s attorney or the petitioner themselves if they lack legal representation. It also includes declarations such as a general denial, which states the respondent's desire to contest the divorce or aspects of it, and details regarding discovery level, indicative of the complexity and scope of financial disclosure required. Importantly, the form allows for the listing of the respondent's separate property, claims for personal injury recoveries, and, if desired, a request for a name change is included. Lastly, the form concludes with a space for a judgment request, essentially summarizing the respondent's requests from the court, alongside fields for the respondent’s signature, details for certificate of service, and provision for contact data.

  4. Is legal representation necessary when filing a Respondent's Original Answer?

    While the law does not mandate the presence of an attorney for filing a Respondent's Original Answer, the warning section of the form strongly advises respondents about the potential risks of proceeding without legal advice, emphasizing the complexities and the legal ramifications of divorce proceedings. Dealing with property rights, financial matters, and possibly child custody without the clarity an attorney can provide might put a respondent's interests at significant risk. Legal representation can offer critical guidance, ensuring the respondent's rights and claims are adequately presented and protected throughout the divorce process. The document references resources for legal aid and advice, suggesting that seeking legal counsel is a prudent step to take.

Common mistakes

Filling out the Respondent's Original Answer form in a divorce case is a crucial step, but it's not uncommon for people to make mistakes. Below are nine common errors people often make:

  1. Not waiting the required one day after the Original Petition for Divorce has been filed before signing the Respondent's Original Answer. This waiting period is essential for the document's validity.

  2. Failing to provide complete contact information, including a current mailing address, email address, and phone number. It's crucial for maintaining communication throughout the divorce proceedings.

  3. Neglecting to update the court and the other party if there are any changes in contact information during the divorce process. Keeping information current ensures you receive all notifications related to your case.

  4. Incorrectly identifying the discovery level applicable to their situation or not checking the appropriate box that correlates with the couple's financial circumstances.

  5. Omitting information about separate property, such as real estate, vehicles, or inheritance, which should be explicitly listed to be considered for confirmation as separate property in the final decree.

  6. Requesting a name change without verifying that it meets all legal requirements, such as not being sought for evading debt or criminal prosecution.

  7. Signing or dating the document incorrectly or prematurely, which can lead to administrative issues or delays in processing the form.

  8. Forgetting to check the box related to a general denial or misunderstanding its purpose. This denial is crucial for ensuring you are notified of all hearings and have the opportunity to contest any agreements if necessary.

  9. Improperly executing or neglecting the Certificate of Service, which confirms that a copy of the document has been provided to the other party. This step is vital for maintaining a fair and informed process.

When completing legal forms, it's important to read instructions carefully and review each section thoroughly before submission. Mistakes can lead to delays or unfavorable outcomes in your case. If uncertain about any part of the form or its requirements, seeking legal advice is always a wise decision.

Documents used along the form

When navigating a divorce, understanding the complex terrain of legal forms and documents is crucial. The Respondent's Original Answer form is just one of many tools in this journey, providing a formal reply to the divorce petition. However, several other forms and documents typically accompany this form, each playing a vital role in the process.

  • Original Petition for Divorce: This document initiates the divorce proceedings. It outlines the Petitioner's (the spouse filing for divorce) requests regarding property division, child custody, child support, alimony, and more.
  • Waiver of Service: A document that, when signed, indicates that a spouse agrees to forgo formal service of the divorce petition and other legal documents. It must be signed voluntarily and not under duress.
  • Financial Information Statement: This form provides a detailed account of a spouse's financial situation, including income, expenses, assets, and debts. It is crucial for determining child support, spousal support, and the division of assets and liabilities.
  • Child Support Worksheet: Used to calculate the amount of child support one spouse must pay to the other, based on state guidelines and the financial needs of the child(ren).
  • Standard Possession Order: Outlines the specific terms of child custody and visitation, ensuring that both parents have meaningful and regular contact with their child(ren), unless otherwise not in the child's best interest.
  • Income Withholding for Support Order: A legal order to withhold the noncustodial parent's income for child support, medical support, and/or spousal support. It ensures regular and timely support payments.
  • Property Division Chart: Helps spouses and the court track the distribution of assets and liabilities. It lists all marital property, specifying which spouse will receive each item.
  • Final Decree of Divorce: The legal document that officially ends the marriage once signed by the judge. It includes all agreements reached by the spouses regarding property division, child support, custody, alimony, and other relevant issues.

These documents, used in conjunction with the Respondent's Original Answer form, provide a comprehensive framework to navigate through divorce proceedings with clarity. Each form has a unique purpose, ensuring that the process is conducted fairly, thoroughly, and with the best interests of all involved parties in mind.

Similar forms

  • The Original Petition for Divorce is similar in its purpose of initiating legal proceedings related to marriage dissolution. Both documents require detailed personal information, outline legal intentions (such as property division or name changes), and necessitate a formal filing with the court to proceed with the divorce process.

  • The Counter-Petition for Divorce mirrors the Respondent's Original Answer in that it is a response to an initial filing. However, it goes a step further by laying out the counter-petitioner's terms for the divorce, which could include disputes or agreements on matters laid out in the Original Petition or the Respondent's Original Answer.

  • Financial Affidavit forms share similarities in requiring detailed disclosure of personal financial information. While the Respondent's Original Answer may outline separate property claims, a Financial Affidavit provides a comprehensive view of an individual's financial status, including assets, liabilities, income, and expenses, which can be critical in divorce proceedings.

  • A Modification Motion has parallels in its structure and purpose concerning changes in the terms of divorce agreements or court orders post-finalization. Similar to the Respondent's Original Answer, it involves presenting facts and requests to the court, albeit post-judgment, for the modification of issues like child support, custody, or visitation.

  • The Notice of Hearing, while more informational than actionable, complements the Respondent's Original Answer by providing critical scheduling information. The Answer indicates a desire to be notified of all hearings, whereas the Notice of Hearing fulfills this requirement by informing involved parties of upcoming court dates.

  • Discovery Requests, such as Interrogatories or Requests for Production, are akin in their function of gathering detailed information from the other party. The section within the Respondent's Original Answer regarding the "discovery level" indicates the case's complexity and information needs, paralleling the purpose behind Discovery Requests to obtain evidence necessary for the case.

  • The Certificate of Service, a component of the Respondent's Original Answer and a standalone document in other contexts, serves the purpose of verifying that documents have been served to the other party or their attorney. This ensures both parties are informed of filings and actions within the case, maintaining transparency and adherence to procedural norms.

Dos and Don'ts

When it comes to legal documentation, particularly something as critical as a Respondent's Original Answer in divorce proceedings, precision and caution cannot be overstressed. Approaching this document without due diligence might not only jeopardize your case but also incur severe legal repercussions. Here are eight essential dos and don'ts to guide you through the process of filling out this vital form.

  • Do read all the instructions provided carefully before attempting to fill out the form. Understanding every requirement is crucial to ensure accuracy and completeness.
  • Don’t rush to sign the document immediately after you have filled it out. It's recommended to wait at least one day after the Original Petition for Divorce has been officially filed. This precaution ensures that procedural timelines are respected and that you have had adequate time to review the information provided.
  • Do make sure to print your answers clearly and legibly. This form becomes a part of the official court record, and clarity is essential for all parties involved, including the court, to understand your position and any claims or defenses you wish to present.
  • Don’t leave any sections of the form blank unless they are explicitly inapplicable to your situation. Incomplete forms might be considered invalid, or you might be asked to complete it again, delaying the process.
  • Do verify that you include sensitive data where required, such as the last three digits of your driver's license or social security number if applicable. These details are critical for identification and processing purposes.
  • Don’t forget to provide up-to-date contact information and promptly notify the court and the opposing party or their attorney of any changes. Communication is a critical component of the divorce process, and ensuring the court and other parties can reach you is essential.
  • Do check the appropriate boxes with care, especially when choosing the discovery level or declaring separate property. Accuracy in these sections prevents potential disputes and simplifies the litigation process.
  • Don’t disregard the requirement for a Certificate of Service. After filing the form with the court, serving a copy to the other party is a procedural necessity that validates the filing process and ensures the opposing party is informed of your actions.

In essence, every step taken when filling out the Respondent's Original Answer form should be deliberate and informed. Whether it concerns the timeliness of your filing, the precision of your information, or the procedural obligation to serve the document, each aspect is pivotal. Avoiding oversights and adhering to these guidelines not only safeguards your rights but also facilitates a smoother navigation through the intricacies of divorce proceedings.

Misconceptions

When facing a legal process like divorce, accurately understanding the necessary documents is essential for all parties involved. The Respondent's Original Answer form, used in divorce proceedings in Texas, is no exception. However, several misconceptions about this document can lead individuals to make mistakes that could affect the outcome of their case. Below are six common misconceptions, providing clarity on each.

  • The form is optional. Some people believe that if they agree with everything in the divorce petition, they don't need to submit a Respondent's Original Answer form. This is incorrect. Filing an answer is crucial as it ensures the respondent's right to be notified about and participate in all proceedings. Failure to do so may result in the court making decisions without the respondent's input.
  • It's only about agreeing or disagreeing with the petition. Another common misconception is that the form is solely for agreeing or disagreeing with the divorce petition. While it does include a general denial section, the form also allows respondents to assert their rights, detail their own version of the facts, and highlight separate property claims, among other things.
  • You must have a lawyer to file it. The warning section advises respondents about the risk of not having legal representation, but it doesn't mean that a lawyer must file the form. Respondents can fill out and file the form themselves, although seeking legal advice is strongly recommended to ensure their rights and interests are fully protected.
  • Personal information is at risk. The notice at the beginning highlights that the document contains sensitive data, leading some to worry about privacy breaches. However, the last three digits of a driver's license and social security numbers are requested for identification purposes in the legal process, not for public disclosure. Courts have measures to protect sensitive information contained in legal documents.
  • Responding admits jurisdiction. Out-of-state respondents might think that by filing an answer, they automatically accept the Texas court's jurisdiction over them. While filing an answer does indicate participation in the case, it doesn’t mean out-of-state respondents forfeit their right to challenge jurisdiction at a later stage if they believe Texas courts shouldn’t oversee their case.
  • It's the only form you need to file. Lastly, some may assume that this is the only document they need to file. In reality, this is just the beginning step in participating in the divorce process. Depending on the case's circumstances, respondents may need to submit additional documents, respond to discovery requests, or file motions to protect their interests.

Understanding the Respondent's Original Answer form's nuances is important for anyone going through a divorce in Texas. It’s advised that respondents review the form carefully, consider seeking legal advice, and ensure they meet all necessary deadlines and requirements to protect their rights throughout their divorce proceedings.

Key takeaways

Filling out the Respondent's Original Answer form requires attention to detail and an understanding of your legal rights and obligations. This form is a critical step in responding to a divorce petition, and it's essential to fill it out carefully and comprehensively.

  • Timing is key: The form should not be signed until at least one day after the Original Petition for Divorce has been filed and you've received a copy. This ensures that all responses are based on the contents of the petition and filed within the appropriate legal framework and timeline.
  • Accuracy is crucial: All information, from personal details to property descriptions, must be filled out accurately. This includes your contact information, driver's license or social security numbers, and specifics about any separate property you may own. Incorrect information could lead to delays or complications in the divorce process.
  • Legal advice is advised: The warning section advises that consulting with a lawyer can protect your interests, especially for those out-of-state or unfamiliar with Texas law. Legal counsel can offer guidance on jurisdiction issues and help secure your rights.
  • Understand the implications: Responding to the divorce petition by filling out this form means you are participating in the legal process. It's vital to understand that this action can subject you to the jurisdiction of the Texas courts, affecting property division, spousal support, and other personal obligations.
  • Service of the document: Upon filing the form with the court, you must also ensure that your spouse or their attorney receives a copy on the same day. This can be done through various means like electronic filing, mail, or in person. A Certificate of Service section at the end of the form confirms this requirement.

It's essential to follow these guidelines diligently to ensure a proper response to the divorce proceedings. Not only will this help protect your rights, but it will also facilitate a smoother progression through the necessary legal channels.

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