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Divorce Decree

Essay by   •  January 24, 2011  •  Study Guide  •  1,461 Words (6 Pages)  •  1,284 Views

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[divorce caption]

FINAL DECREE OF DIVORCE

On ______ the Court heard this case.

Appearances

Petitioner, *{{______}}*, *[appeared in person and through attorney of record, [name]*{{[name]}}*, and announced ready for trial.]**[did not appear in person but has agreed to the entry of this order as evidenced by Petitioner's signature below.]*

Respondent, *{{______}}*, *[appeared in person and announced ready for trial.]**[appeared through attorney of record, [name]*{{[name]}}*, and announced ready for trial.]**[appeared in person and through attorney of record, [name]*{{[name]}}*, and announced ready for trial.]**[although duly and properly cited, did not appear and wholly made default.]**[waived issuance and service of citation by waiver duly filed and did not otherwise appear.]**[has made a general appearance and has agreed to the terms of this judgment to the extent permitted by law, as evidenced by the signatures of Respondent and attorney for Respondent appearing below.]**[has made a general appearance and was duly notified of trial but failed to appear and defaulted.]*

*[*[*[ Also appearing was ______, appointed guardian ad litem of the child[ren] the subject of this suit.

]**[ Also appearing was ______, appointed attorney ad litem of the child[ren] the subject of this suit.

]**[ Also appearing was ______, appointed amicus attorney for the child[ren] the subject of this suit.

]*]**[ Also appearing was ______, appointed attorney ad litem for *{{______}}*, who received process by substituted service but did not otherwise answer or appear.

]*]*Record

*[ The making of a record of testimony was waived by the parties with the consent of the Court.

]**[ The record of testimony was duly reported by *[______, ______]**[the court reporter for ______]*.

]*Jurisdiction and Domicile

The Court finds that the pleadings of [Petitioner/Respondent] 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/Respondent] 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.]**[Petitioner was domiciled in another state or nation and Respondent had been a domiciliary of Texas for the preceding six-month period and was a resident of this county in which the suit was filed.]* 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.

]**[ A jury was selected, questions of fact were submitted to the jury, and a verdict was returned and duly filed.

]**[Agreement of Parties

*[ The Court finds that the parties have entered into a written agreement as contained in this decree by virtue of having approved this decree as to both form and substance. To the extent permitted by law, the parties stipulate the agreement is enforceable as a contract. The Court approves the agreement of the parties as contained in this Final Decree of Divorce.

]**[ The Court finds that the parties have entered into an Agreement Incident to Divorce, in a document separate from this Final Decree of Divorce. The Court approves the agreement and incorporates it by reference as part of this decree as if it were recited herein verbatim and orders the parties to do all things necessary to effectuate the agreement. A copy of the agreement [is/is not] filed with the records of this Court.

]*]*Divorce

*[ IT IS ORDERED AND DECREED that *{{______}}*, Petitioner, and *{{______}}*, Respondent, are divorced and that the marriage between them is dissolved on the ground[s] of [grounds].

]**[ IT IS ORDERED AND DECREED that [Petitioner/Respondent], is granted a divorce from [Petitioner/Respondent], and the marriage between them is dissolved on the ground[s] of [grounds].

]*Child[ren] of the Marriage

*[ The Court finds that there is no child of the marriage of Petitioner and Respondent and that none is expected.

]**[ The Court finds that there is no child of the marriage of Petitioner and Respondent now under eighteen years of age or otherwise entitled to support and that none is expected.

]**[ The Court finds that Petitioner and Respondent are the parents of the following child[ren]:

*{{Name: ______

Sex: ______

Birth date: [birthdate]

Home state: ______

Social Security number: ______

Driver's license number and issuing state: ______, ______

}}* The Court finds no other children of the marriage are expected.

]**[*[[Best Interest]

*[ The Court*[, having considered the circumstances of the parents and of the child[ren],]* finds that the following orders are in the best interest of the child[ren].

]**[ The following orders are for the safety and welfare and in the best interest of the following child[ren]:

*{{

Name:

______

Sex: ______

Birth date: [birthdate]

Home state: ______

}}*]**[*[*[ IT IS ORDERED that *{{______}}* and *{{______}}* are appointed [Temporary]Joint Managing Conservators of the following child[ren]: [list of children's names].

]**[ IT IS ORDERED that [name] is appointed [Temporary]Sole Managing Conservator and [name] is appointed [Temporary]Possessory Conservator of the following child[ren]: [list of children's names].

]*]**[*[ IT IS ORDERED that *{{______}}* and *{{______}}* are removed as managing conservators and that *{{______}}* and *{{______}}* are appointed Joint Managing

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