Family Law – Documents & Forms

The following is intended to give you some generic guidance regarding the documents you will draft and forms you will use in a typical family law case. However, each case presents unique facts and one size does not fit all. The third drawer of the short filing cabinet contains a multitude of forms for a variety of circumstances which I will not attempt to cover here. As used herein TRCP = Texas Rules of Civil Procedure and TFC = Texas Family Code.

Factual investigation:

- Factual investigation form

Check issuance:

- Check request form (checks require 2 signatures)

Pauper’s case:

- Motion to Proceed In Forma Pauperis Pursuant to TRCP 145

- Client’s affidavit attached as exhibit A to Motion [see TRCP 145(2)]

- Attorney’s certificate of pro bono representation [see TRCP 145(3)]

- Order approving rule 145 motion

Statement on Alternative Dispute Resolution [see TFC 6.404 & 102.0085]

- Must be attached to all original petitions as an exhibit

Service of Process/ Waiver [see TRCP 21a & 119 and TFC 6.4035, 6.408 & 102.009]:

- Civil Process Request form

- Local personal service – “Edward Michael Investigations; 713/975-1505” is our private process server

- If respondent incarcerated, indicate “attorney pick up” on process request form, pick up citation package from clerk when ready and we will use the constable/sheriff in jurisdiction of incarceration to accomplish personal service on respondent

- If substituted service, see TRCP 106 Motion & Order with process server’s affidavit attached to motion as exhibit if under (b) – don’t forget TRCP 107 proof of service shall be in the manner ordered by the court; requires strict compliance

- If publication, we use the Daily Court Review (see below)

- If out of jurisdiction personal service by someone other than constable, see TRCP 103 for order authorizing service; BEWARE: TRCP 6 – no service on Sunday

- Waiver package – “warning letter” + waiver + file stamped copy of petition

- Ask a staff person for assistance in this area

Publication case [see TRCP 244, 114, & 117 together with TFC 6.409 & 102.010]:

- Motion for Citation by Publication pursuant to TRCP 109 w/ client’s affidavit attached as exhibit A and your affidavit of due diligence attached as exhibit B

- Order allowing citation by publication pursuant to TRCP 109

- Motion & Order to Appoint Attorney Ad Litem pursuant to TRCP 244 or

- Motion & Order to Waive Appointment of Attorney Ad Litem pursuant to TFC 6.409(e) with Petitioner’s affidavit attached as exhibit A.

- Statement of the Evidence

- Decree should provide for the making of a record

Default case [see TRCP 239]:

- See TRCP 107 – return of citation must be on file with clerk [10 day rule]

- See TRCP 99, 114 & TFC 6.409 passed answer period [Monday next rule]

- See TFC 6.701 and 6.702 – divorce waiting period [60 day rule]

- Certificate of respondent’s last known address

- Decree should provide for the making of a record

The above apply and affect your case, in addition to the below indicated:

Divorce (no property/no kids):

1. Court forms:

- TDH/BVS

2. Documents:

- Petition

- Decree

Divorce (w/ kids) [watch out for TFC 102.013(c)]:

1. Court forms:

- Inquiry on Court of Continuing Jurisdiction for Child (1 for each child)

- TDH/BVS

- Parent-Child Information sheet

- Child Support form

- Child Support calculation sheet

- Certificate of attendance at parenting seminar (see local rule 12)

3. Documents:

- Petition

- Wage withholding order (child support/ spousal support)

- Qualified medical support order (health insurance)

- Qualified domestic relations order (retirement)

- Decree

Parentage:

- Paternity Registry Request form

- Voluntary statement of Paternity & Denial of Paternity (see TFC 160.304)