Simpson-Divorce-Petition

Document Sample
Simpson-Divorce-Petition Powered By Docstoc
					                                       CAUSE NO. 2012-

IN THE MATTER OF                                                         IN THE   DISTRICT C~&Fyf!~P' 8I ~„                                               /P
THE MARRIAGE OF                                                                                      ~o ~+

TINA ANN SIMPSON                                                         A       TH JUDICIAL DISTRIC
AND
JOE TRUETT SIMPSON                                                       MCLENNAN COUNTY, TEXA

                                ORIGINAL PETITION FOR DIVORCE

           Discovery Level

           Discovery in this case is intended to be conducted under level 2 of Rule                                                         o t   Texas

Rules     of Civil Procedure
2.         Objection to Assignment       of Case       to Associate Judge

           Petitioner objects to the assignment               of this matter to     an ass             i                            o a tnal on the

merits or presiding at a jury trial.

3.         Parties

           This suit is brought by TINA ANN SIMPSON,                              'ti       er, who resides at

                                . The last three number                                 A            SIMPSON's Social Security

number are            .
           JOE TRUETT SIMPSON is Resp                          n .

4.         Domicile

           Petitioner has been a domicili               f Texa           r the preceding six-month period and a resident
                                                                '
of this   county for the preceding       i        —                 d.

5.         Service

           Service ma      had on    e       on       nt at




6.         Protectiv       er       e ent

           No protective o e under title 4 of the Texas Family Code is in effect, and no application

for a protective order is pending with regard to the parties to this suit.




                                                                                             Jim|lllllllllllllllllllllllllllllllllllllllllllll


               This document was retrieved from the IDOCKET. COM web site.
7.      Dates   of Marriage    and Separation

        The parties were married on or about August 19, 1978 in McLennan County,
                                                                                 Texas.

8.      Grounds    for Divorce
        The marriage has become insupportable                 because        of discord or conflict of personalities

between Petitioner and Respondent that destroys the legitimate ends                    of the marriage relationship and

prevents any reasonable expectation            of reconciliation.

9.      Children   of the Marriage
                                                                                                                who        born
        There is no child under eighteen years of age or otherwise entitled to sup

or adopted of this marriage, and none is expected.

10.     Division   of Community Property
        Petitioner believes Petitioner and Respondent will enter int                              agre    ent for the division

                           an agreement is made, Petitioner requests the                      u           rove the agreement
of their estate. If such
and divide their estate in a manner consistent with the agre m                     t. If su        an agreement is not made,

Petitioner requests the Court to divide their estate in a
                                                                         "     r                  Court deems just and right,

as provided by law.

11.     Separate Property
                                                                    a        ot part   of the       community    estate of the
        Petitioner owns certain separate prop

parties, and Petitioner requests the Co              to co              at separate property as Petitioner's separate

property and estate.

12.      Request   for Temporary           ders        1nj unction

         Attached her                i   it"          incorporated herein for all purposes is the First Amended

McLennan        Coun       tanding   0d        r Regarding   Children,        Property        and Conduct       of   the Parties

promulgated      be     Mc e               unty District Courts which is in full force and effect.

 13.     Prayer
                                                                                that the Court grant a
         Petitioner prays that citation and notice issue as required by law and

 divorce and all other relief requested in this petition.




              This document was retrieved from the IDOCKET. COM web site.
Petitioner prays for general relief.



                                       Respectfully submitted,


                                       DUNNAM           4 DUNNAM           LLP




                                       By:
                                                               am
                                             State Bar No. 0625
                                             Attorney for Petit o er



                                       By:
                                             Merrilee               on
                                             State                       00
                                             Att    ey          titi ner




                                              1           am
                                                   a   Bar No. 06258010
                                                  t    ey for Petitioner




                                          -3-


     This document was retrieved from the IDOCKET. COM web site.
                                                                                                    &d   r erJ   "~m, f

                              Pro er       '   and Condttct of the Parties                           /6-
                                                                                                                 Pg


           NO PARTY TO THIS LAWSUIT HAS REQUESTED THIS ORDER. @'atheT~@g58z
  is a standing order of the McLerman County District Courts that applies in every dtvezce ski. and
 every suit affecting the parent-child relationship fJIed in McLennan County, exce            cases
 initiated by the Aaorney General of Texas or Child Prorec&ive Services. The Distric        u
 McLennan County have adopted this      order because the parties and their childr        hcu
 protected and their property preserved while the lawsuit is pending bef                  e Cou
 THEREFORE, lT lS ORDERED:

        NO MSRUPTION OI CIIILBRKN.                 Both parties are OK3E                      o e
        doing the following acts concerning any children who are subjects f this

               Removing the children froJJJ the state of Texas, act'             J ctl        coJlcert with
               others, without the written agreement of both parties r an OJd r f this Court,
               Disrupting or ~vithdrawIng the childreJJ &om the scho               da — are facility where
               the children are presentJy er~olied   ~Ai JhoLIJ   e  ~vriiien a        eni of both parents
               or an order of this ( ourt.
               Hiding or secreting the cluldreII from the other p
               Changing the children's current place o              . wi o      the written agreetnent of
              both parents or an order of tlus  CoLIrt
              Disturbing the peace of the children
              MakJng dJsparagJng remarkc egar J g th            t e party or the other party's family
                                                  '
              in the presence or within the            o         id or children.


2.    CONDUCT OF THE PARTIES                                 N    I   '
                                                                          CASE. Both parties are ORDERED
      to refrain from doing the followin              cts:

              Using vulgar, prof       e      s                  indecent language, or a coarse or offensive
              manner, while co             umca              with the other party, whether in person, by
              telephone,       in              'tin   .       (1JJcluding   text messaging    or electronic
              coJTOJlu        Jo
              Threat       ng the oth    arty in person, by telephone, or in writing to take unlawful
              action      a st any pe s n.
             Pla~g       on o      or   lephone calls, at an unreasonable hour, in an offensive or
             repetit     u    m      r, wi thout a legitimate purpose of co Jrtmunication,          or
             anonymo
             Opening, di       ng or withholding     or interfering with the delivery of mail
             addressed to the other party.
             Causing bodily injury to the other party or, if applicable, to a child of either party




               This document was retrieved from the IDOCKET. COM web site.
3.         PRESERVATION QF PROPERTY'. 7f /his ~s a divorce case, both pariies                             to the
           marriage are ORDERED to refrain from doing the following acts:

                     Destroying, r emoving, conceali ng, eneurnbering,        transferring,     or otherwise
                     harnung or reducing the value of the property of one or bath of the parties.
                    Misrepresenting     or refusing to disclose to the other party or to the Court. on
                    proper request. the existence, amount, or location of any property of one r both
                   of the parties.
                   Damaging or destroying the tangible property af one or both o                        p      s.
                    including any document that represents or embodies anything of val
                   Tampering with the tangible property of one or both of the partie i cludi                 ny
                   dacument that represents or embodies anything of value and               us&       eeuniary
                   loss to the other pity.
          3.5      Selling, transferring, assigning, mortgaging, encumbering,           n any       er manner
                  ~ienating any of the property of either party, whether           rs n pr         rty or real
                  estate property,     and whether separate or comrnur,             xce           specifically
                  authorized by this order.
                  Incurring any indebtedness, other than legal expenses r          nne t'on with this suit,
                 except as specifically authorized by tlus ord
                 Making withdrawals from any checking                   vings ~aunt in any financial
                 institution for any purpose, except as specifica           ariz' by kri order.
                                                                            '




         3, 8    Spending any sum of cash in        either pa 's o 'ss' n        subject to either party' s
                 control for any purpose, except as speci t ally t rized bv this order.
                 Withdrawing or borrowing in any               e    r y purpose from any retirement,
                prost-sharing,      pension, dea, or ther              o ee benefit plan or employee
                savings plan or r'ram any in i i al r             ent account or Keogh accaunt, e cept
                as specifically authorized by this          r
                Signing or endorsing the ot r                    e on any negotiable instrument, cheek,
                or draft, such as ta refund, insur             yrnents, and dividends, or attempting to
                negotiate any      negotiable       rume t payable to the other party without the
                 personal signature of            o
                 Taking any action t emu t or limit credit or charge cards in the name of the
                 other party.                     '
     3. l2       Taking an a         n                e itin thenameofthe other party.
     3    l3    Enterin        eratin, o exe ~sing control over the motor vehicle in the possession
                of the         party.
                Disc~tin          or red c g the withholding for federal income taxes on wages or
                sal~        le     s u'
                                      '
                                               pending.
                Termina,        or         any manner affecting the service of water, electricity, gas,
                telephone, c            television, or other contractual services, such as security, pest
                cantral, landsca ing, ar yard maintenance at the other party's residence or in any
                manner attempting ta withdraw any deposits for service in connection with such
                services.




                  This document was retrieved from the IDOCKET. COM web site.
                                                                                                case, both
    SFECiFI'C AUTBORIZATIQXS 18 MVARCK CASE. ff this is a
                                                                                   d'. vorce
                                                        to do the following:
    parties to the marriage are specifically authorized
                                                              conduct of that party's usual
            To engage in acts reasonable and necessary to the
           business and occupation.
                                                                   reasonable attorney's fees and
           To make expenditures and incur indebtedness for
           expenses in connection with this suit.
                                                                              and necess    living
           To make expenditures and incur indebtedness for reasonable
                                                                  and inedicai care.
           expenses for food, clothing, shelter. transportation
                                                                institutions only fn      urp e
           To make withdrawals from accounts in financial
           authorized by this order.

PERSONAL          ~9 BUSINESS RECORM % BIVGRCE CASE
                                                  refrain iro oi
                                                                                      Ai   's
                                                                                           e
                                                                                                  divorce
                                                                                                   !ovnng
case, both parties to the marriage are ORDERED to
acts.
                                                                    ami       ords, property
           Concealing, destroying, disposing of, or altering
                                                                  ords f income, debts. or
           records, financial records, business records or ary e
           other obligations.
           Falsifying any writing or record relating to    operty o ei er party.

"Records, " as used in this section, include e-mail o o er igital or
                                                                       electronic data,
                                                    t er e ronic storage devIce.
whether stored on a computer hard drive, diske,
                                                     rA'     i   a   i force case, both pMies to the
INSURANCE ià 9IVORCE CASK.
marriage are ORDERED to refrain m d              i   g the            ing acts:

          Withdrawing or borrowing '                armer all or any part of the cash surrender
          value of life insurance p      ie on e ife of either party or the children of the
          pres,    except as specific 1 v auth i ed bv this order.
                                        e alt       g the beneficiary designation
                                                                                    on any life
          Changing or in any xn
          insurance on the lif        h          or the parties' chilclren.
          Canceling, altering    r in       armer affecting any casualty, autoniobile, or health
          insurance         s i s ing       parties' property or persons, including the parties'
          minor c i ren.


                            I      ION   0F TKIS ORMR.
                                                                                        and to each
7   1     The Petiti       shall attach a copy of this order to the original petition
                            tion. At the time the petition is filed, if the Petitioner has failed to
          copy of the
          attach a copy of this order to the petition and any copy of the petition,
                                                                                           the Clerk
                                                                                  and every copy of
          shall ensure that a copy of this order is attached to the petition
          the petition presented.


                                         Panel of 4

          This document was retrieved from the IDOCKET. COM web site.
        7.2     This order is effective upon the filing of the original petition and shall remain in
                full force and effect as a temporary restraining order for fourteen (l4) days after
                the date of filinp of the oriana) petition.       l& no oart   contests this order hy
               presenung ev~derrce at a hearmg on. or oePore fourteen days atter the date ot th~
               filing of the original petition, this order shall continue in full force and effect as a
               temporary injunction until further order of the Court. This entire order wijj
               terminate and will no longer be effective once the Court signs a ftnal order.

       KFPKCT OiF OTHER COURT ORBERS. 1f any part of this order is differ               from
       any part of a protective order that has already been entered or is Jatetr e t re     e
       protective ordet pt ovisions prevail. Any part of this order not changed    s me la
       order remains in full force and effect until the Court signs a   /&rial   decree.

       PARTIES KNCOURAGKB TO MKBIATK. The pa&!es are encou                                    t s le their
       disputes amicably without Court intervention.     The parties ar                  nc     e    o use
       alternative dispute resolution methods, such as mediation, to res l              e the 0 flicts that
       may arise in this lawsuit.



                               ~,
This McLennan County Standing Order Regarding Children. Prope
abaii become effective on May       2008.
                                                                        '
                                                                                 d Co      uct   of the Parties




                  8 T. STROTHER
           19' Bistriet Court




                                      GK VICKI         N~
                                      14' District Court




              This document was retrieved from the IDOCKET. COM web site.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:4
posted:11/19/2012
language:Unknown
pages:7