Fillable Printable Final Decree of Divorce - Texas
Fillable Printable Final Decree of Divorce - Texas
Final Decree of Divorce - Texas
NO. ____________
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
JANE DOE §
AND § ____ JUDICIAL DISTRICT
JOHN DOE §
§
AND IN THE INTEREST OF §
JANET DOE AND JIMMY DOE,
CHILDREN
§ BELL COUNTY, TEXAS
FINAL DECREE OF DIVORCE
On __________________ the Court heard this case.
Appearances
Petitioner, Jane Doe, appeared in person and announced ready for trial.
Respondent, John Doe,
appeared in person and announced ready.
although duly and properly cited to appear or answer failed to
appear or answer and wholly made default.
has made a general appearance and was duly notified of trial but failed to
appear and wholly made default.
waived issuance and service of citation by waiver duly filed and did not
otherwise appear.
Record
The making of a record of testimony was
____ waived by the parties with the consent of the Court.
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____ made by the court reporter.
Jurisdiction and Domicile
The Court finds that the pleadings of Petitioner are in due form and contain all the
allegations, information, and prerequisites required by law. The Court, after receiving
evidence, finds that it has jurisdiction of this case and of all the parties and that at least
sixty days have elapsed since the date the suit was filed. The Court finds that, at the time
this suit was filed, Petitioner had been a domiciliary of Texas for the preceding six-month
period and a resident of the county in which this suit was filed for the preceding ninety-day
period. All persons entitled to citation were properly cited.
Jury
A jury was waived, and questions of fact and of law were submitted to the Court.
Divorce
IT IS ORDERED AND DECREED that Jane Doe, Petitioner, and John Doe,
Respondent, are divorced and that the marriage between them is dissolved on the ground
of insupportability.
Children of the Marriage
The Court finds that Petitioner and Respondent are the parents of the following
children:
Name: Janet Doe
Sex: Female
Birth date: March 3, 1995
Home state: Texas
Social Security number: _______________
Driver's license number and issuing state: ____________, Texas
Name: Jimmy Doe
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Sex: Male
Birth date: April 4, 2001
Home state: Texas
Social Security number: _____________
Driver's license number and issuing state: _________, Texas
The Court finds no other children of the marriage are expected.
Parenting Plan
Conservatorship
The Court, having considered the circumstances of the parents and of the children,
finds that the following parenting plan is in the best interest of the children.
IT IS ORDERED that Jane Doe and John Doe are appointed Joint Managing
Conservators of the following children: Janet Doe and Jimmy Doe.
IT IS ORDERED that, at all times, Jane Doe and John Doe, as a parent joint
managing conservators, shall each have the following rights:
1. the right to receive information from any other conservator of the children
concerning the health, education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the children;
3. the right of access to medical, dental, psychological, and educational records
of the children;
4. the right to consult with a physician, dentist, or psychologist of the children;
5. the right to consult with school officials concerning the children's welfare and
educational status, including school activities;
6. the right to attend school activities;
7. the right to be designated on the children's records as a person to be notified
in case of an emergency;
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8. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the children; and
9. the right to manage the estates of the children to the extent the estates have
been created by the parent or the parent's family.
IT IS ORDERED that, at all times, Jane Doe and John Doe, as parent joint
managing conservators, shall each have the following duties:
1. the duty to inform the other conservator of the children in a timely manner of
significant information concerning the health, education, and welfare of the children; and
2. the duty to inform the other conservator of the children if the conservator
resides with for at least thirty days, marries, or intends to marry a person who the
conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal
Procedure or is currently charged with an offense for which on conviction the person would
be required to register under that chapter. IT IS ORDERED that this information shall be
tendered in the form of a notice made as soon as practicable, but not later than the fortieth
day after the date the conservator of the children begins to reside with the person or on the
tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the
notice must include a description of the offense that is the basis of the person's
requirement to register as a sex offender or of the offense with which the person is
charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A
CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.
IT IS ORDERED that, during her respective periods of possession, Jane Doe, as
parent joint managing conservator, shall have the following rights and duties:
1. the duty of care, control, protection, and reasonable discipline of the children;
2. the duty to support the children, including providing the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not involving
an invasive procedure; and
4. the right to direct the moral and religious training of the children.
IT IS ORDERED that, during his respective periods of possession, John Doe, as
parent joint managing conservator, shall have the following rights and duties:
1. the duty of care, control, protection, and reasonable discipline of the children;
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2. the duty to support the children, including providing the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not involving
an invasive procedure; and
4. the right to direct the moral and religious training of the children.
IT IS ORDERED that Jane Doe, as a parent joint managing conservator, shall have
the following rights and duty:
1. the exclusive right to designate the primary residence of the children without
regard to geographic location;
2. the independent right to consent to medical, dental, and surgical treatment
involving invasive procedures;
3. the independent right to consent to psychiatric and psychological treatment of
the children;
4. the exclusive right to receive and give receipt for periodic payments for the
support of the children and to hold or disburse these funds for the benefit of the children;
5. the independent right to represent the children in legal action and to make
other decisions of substantial legal significance concerning the children;
6. the independent right to consent to marriage and to enlistment in the armed
forces of the United States;
7. the independent right to make decisions concerning the children's education;
8. except as provided by section 264.0111 of the Texas Family Code, the
independent right to the services and earnings of the children;
9. except when a guardian of the children's estates or a guardian or attorney ad
litem has been appointed for the children, the independent right to act as an agent of the
children in relation to the children's estates if the children's action is required by a state, the
United States, or a foreign government; and
10. the independent duty to manage the estates of the children to the extent the
estates have been created by community property or the joint property of the parents.
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IT IS ORDERED that John Doe, as a parent joint managing conservator, shall have
the following rights and duty:
1. the independent right to consent to medical, dental, and surgical treatment
involving invasive procedures;
2. the independent right to consent to psychiatric and psychological treatment of
the children;
3. the independent right to represent the children in legal action and to make
other decisions of substantial legal significance concerning the children;
4. the independent right to consent to marriage and to enlistment in the armed
forces of the United States;
5. the independent right to make decisions concerning the children's education;
6. except as provided by section 264.0111 of the Texas Family Code, the
independent right to the services and earnings of the children;
7. except when a guardian of the children's estates or a guardian or attorney ad
litem has been appointed for the children, the independent right to act as an agent of the
children in relation to the children's estates if the children's action is required by a state, the
United States, or a foreign government; and
8. the independent duty to manage the estates of the children to the extent the
estates have been created by community property or the joint property of the parents.
IT IS ORDERED that either parent with the consent of the other parent is authorized
to apply for passports for the children, Janet Doe and Jimmy Doe. If a party applies for a
passport for the children, that party is ORDERED to notify the other conservator of that fact
no later than ten days after the application. IT IS ORDERED that if a parent's consent is
required for the issuance of a passport, that parent shall provide that consent in writing no
later than ten days after receipt of the consent documents, unless the parent has good
cause for withholding that consent.
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IT IS ORDERED that either parent shall have the right to maintain possession of any
passports of the children, Janet Doe and Jimmy Doe, subject to the requirements for
delivery of the passports and all other requirements set forth below.
Either parent is ORDERED to deliver or cause to be delivered to the other parent
the original, valid passports of Janet Doe and Jimmy Doe, within ten days of their receipt of
the other parent's notice of intent to have the children travel outside the United States
during a period of possession of the other parent.
IT IS ORDERED that if a conservator intends to have the children travel outside the
United States during the conservator's period of possession of the children, the
conservator shall provide written notice to the other conservator. IT IS ORDERED that this
written notice shall include all the following:
1. the date, time, and location of the children's departure from the United States
and
2. the date, time, and location of the children's return to the United States.
The written notice may be in the form attached to this order as Exhibit B, Notice of
Intent for Children to Travel Outside the United States.
If the intended travel is a group trip, such as with a school or other organization, the
conservator providing the written notice is ORDERED to provide with the written notice all
information about the group trip and its sponsor instead of stating the name, permanent
and mailing addresses, and work and home telephone numbers of each person
accompanying the children.
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IT IS FURTHER ORDERED that this written notice shall be furnished to the other
conservator no less than twenty-one days before the intended day of departure of the
children from the United States.
Jane Doe and John Doe are each ORDERED to properly execute the written
consent form to travel abroad (attached hereto) and any other form required for the travel
by the United States Department of State, passport authorities, foreign nations, travel
organizers, school officials, or public carriers; when applicable, to have the forms duly
notarized; and, within ten days of that conservator's receipt of each consent form, to deliver
the form to the conservator providing the written notice.
IT IS ORDERED that any conservator who violates the terms and conditions of this
order shall be liable for all costs incurred due to that person's noncompliance with this
order. These costs shall include, but not be limited to, the expense of nonrefundable or
noncreditable tickets, the costs of nonrefundable deposits for travel or lodging, attorney's
fees, and all other costs incurred seeking enforcement of any provisions of this order.
Possession and Access
1. Standard Possession Order
Petitioner and Respondent shall have possession of and access to the
children as provided in the Standard Possession Order attached as Exhibit A.
2. Duration
The periods of possession ordered above apply to each child the subject of
this suit while that child is under the age of eighteen years and not otherwise
emancipated.
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3. Termination of Orders
The provisions of this decree relating to conservatorship, possession, or
access terminate on the remarriage of Jane Doe to John Doe unless a nonparent or
agency has been appointed conservator of the children under chapter 153 of the
Texas Family Code.
Settlement of Future Disputes
The parties agree that preference shall be given to carrying out the parenting plan,
and the parties shall use the following designated process to resolve disputes:
It is agreed that before setting any hearing or initiating discovery in a suit for
modification of the terms and conditions of conservatorship, possession, or support of the
children, except in an emergency, the parties shall mediate the controversy in good faith.
This requirement does not apply to actions brought to enforce this decree or to enforce any
subsequent modifications of this decree. It is agreed that the party wishing to modify the
terms and conditions of conservatorship, possession, or support of the children shall give
written notice to the other party of a desire to mediate the controversy. If, within ten days
after receipt of the written notice, the parties cannot agree on a mediator or the other party
does not agree to attend mediation or fails to attend a scheduled mediation of the
controversy, the party desiring modification shall be released from the obligation to mediate
and shall be free to file suit for modification.
Child Support
IT IS ORDERED that John Doe is obligated to pay and shall pay to Jane Doe child
support of $___________ per month, with the first payment being due and payable on
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___________ and a like payment being due and payable on the first day of each month
thereafter until the first month following the date of the earliest occurrence of one of the
events specified below:
1. any child reaches the age of eighteen years or graduates from high school,
whichever occurs later, subject to the provisions for support beyond the age of eighteen
years set out below;
2. any child marries;
3. any child dies; or
4. any child's disabilities are otherwise removed for general purposes.
Thereafter, John Doe is ORDERED to pay to Jane Doe child support of $_______
per month, due and payable on the first day of the first month immediately following the
date of the earliest occurrence of one of the events specified above for the other child and
a like sum of $________ due and payable on the first day of each month thereafter until
the next occurrence of one of the events specified above for the other child.
If the child is eighteen years of age and has not graduated from high school, IT IS
ORDERED that John Doe's obligation to pay child support to Jane Doe shall not terminate
but shall continue for as long as the child is enrolled-
1. under chapter 25 of the Texas Education Code in an accredited secondary
school in a program leading toward a high school diploma or under section 130.008 of the
Education Code in courses for joint high school and junior college credit and is complying
with the minimum attendance requirements of subchapter C of chapter 25 of the Education
Code or
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2. on a full-time basis in a private secondary school in a program leading toward
a high school diploma and is complying with the minimum attendance requirements
imposed by that school.
Withholding from Earnings
IT IS ORDERED that any employer of John Doe shall be ordered to withhold from
earnings for child support from the disposable earnings of John Doe for the support of
Janet Doe and Jimmy Doe.
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings
of John Doe by the employer and paid in accordance with the order to that employer shall
constitute a credit against the child support obligation. Payment of the full amount of child
support ordered paid by this decree through the means of withholding from earnings shall
discharge the child support obligation. If the amount withheld from earnings and credited
against the child support obligation is less than 100 percent of the amount ordered to be
paid by this decree, the balance due remains an obligation of John Doe, and it is hereby
ORDERED that John Doe pay the balance due directly to the state disbursement unit
specified below.
On this date the Court signed an Order/Notice to Withhold Income for Child Support.
Payment
IT IS ORDERED that all payments shall be made through the state disbursement
unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas
78265-9791, and thereafter promptly remitted to Jane Doe for the support of the children.
