Yes! You can use AI to fill out Original Petition for Divorce [Set A - No Children]
This form, officially titled Original Petition for Divorce [Set A - No Children], is the initial document filed with a Texas court to begin the legal process of a divorce for a married couple with no minor children. It establishes the court's jurisdiction, states the grounds for the divorce, provides information about the spouses, and outlines the petitioner's requests regarding property division and potential name changes. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
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It takes less than a minute to fill out FM-DivA-100 using our AI form filling.
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Form specifications
| Form name: | Original Petition for Divorce [Set A - No Children] |
| Number of fields: | 119 |
| Number of pages: | 1 |
| Language: | English |
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How to Fill Out FM-DivA-100 Online for Free in 2026
Are you looking to fill out a FM-DIVA-100 form online quickly and accurately? Instafill.ai offers the #1 AI-powered PDF filling software of 2026, allowing you to complete your FM-DIVA-100 form in just 37 seconds or less.
Follow these steps to fill out your FM-DIVA-100 form online using Instafill.ai:
- 1 Navigate to Instafill.ai and upload or select the Texas Original Petition for Divorce [Set A] form.
- 2 Provide your personal information as the Petitioner and your spouse's information as the Respondent, including names, addresses, and partial ID numbers.
- 3 Answer the guided questions regarding residency and jurisdiction to establish that the Texas court is the proper venue for the divorce.
- 4 Detail the dates of marriage and separation, specify the grounds for divorce, and list any separate property you wish the court to confirm.
- 5 Indicate your choices regarding legal service on your spouse, any existing protective orders, and whether you are requesting a name change.
- 6 Review the entire document auto-filled by the AI, ensuring all information is accurate and complete before signing and dating the petition.
- 7 Download the completed form, which is now ready for filing with the appropriate Texas county court clerk.
Our AI-powered system ensures each field is filled out correctly, reducing errors and saving you time.
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Frequently Asked Questions About Form FM-DivA-100
This form is used to start the divorce process in Texas for couples who do not have any minor children together. It is filed by one spouse (the Petitioner) to ask the court to legally end the marriage.
This form is specifically for married couples seeking a divorce in Texas who do not have any biological or adopted children together who are under 18 or still in high school. If you have minor children, you must use a different set of forms.
To file for divorce, either you or your spouse must have lived in Texas for the last six months. Additionally, one of you must have lived in the specific county where you are filing for at least the last 90 days.
This section determines how your spouse will be officially notified of the divorce filing. If your spouse agrees to sign a 'Waiver of Service,' you can choose that option; otherwise, you must arrange for a sheriff or process server to deliver the papers.
Select Discovery Level 1 if you and your spouse have community property valued at less than $250,000. For all other cases, where the property value exceeds this amount, you should select Level 2.
If the wife is pregnant, you cannot finalize the divorce until after the child is born. The court will need to establish paternity and make orders for custody and support for the new child as part of the final divorce decree.
The form requires you to list your separate property (owned before marriage or received as a gift/inheritance). The court will divide community property (acquired during marriage) in a just and right manner, either by your agreement or by court order.
Yes, Section 12 allows you to request that the court change your name back to a name you used before the marriage. You cannot use this form to change your name to something new.
Yes, Texas has a mandatory 60-day waiting period that begins the day after you file the petition. A judge cannot finalize your divorce until this period has passed, though it can be waived in documented cases of family violence.
After completing the form, you must file it with the district clerk's office in the appropriate county and pay the filing fee. The clerk will then issue a cause number and assign your case to a court.
Yes, you must disclose any current or past protective orders involving you and your spouse. You will need to provide details like the case number and court, and you may be required to attach a copy of the order to your petition.
Yes, services like Instafill.ai use AI to help you accurately auto-fill form fields, which can save you time and reduce errors. This is especially helpful for complex legal forms with repetitive information.
Simply upload the 'Original Petition for Divorce' PDF to the Instafill.ai platform. The AI will identify the fields, allowing you to answer simple questions to have your information automatically and accurately placed into the form.
If you have a non-fillable or 'flat' PDF, you can upload it to a service like Instafill.ai. The platform can convert it into an interactive, fillable form that you can easily complete and download online.
Compliance FM-DivA-100
Validation Checks by Instafill.ai
1
Jurisdiction Prerequisite Check
This validation ensures that at least one checkbox is selected in Section 3A (County Residence) and at least one checkbox is selected in Section 3B (Texas Residence). These selections are legal prerequisites for a Texas court to have jurisdiction over the divorce. If these conditions are not met, the form cannot be filed as the court would lack the authority to hear the case.
2
Separation Date Chronology
This check verifies that the 'Date of Separation' in Section 4 is on or after the 'Date of Marriage'. A separation cannot logically occur before a marriage begins. This validation prevents a fundamental chronological error that would invalidate the timeline of the marital relationship presented to the court.
3
Conditional Service Address
This validation ensures that if the petitioner selects 'I will have a sheriff, constable, process server or clerk serve my spouse' in Section 2, then the corresponding address fields (Street Address, City, State, Zip) are completely filled out. This information is critical for successful legal service of process on the Respondent. Failure to provide a complete address will prevent the server from locating the Respondent, halting the case.
4
Mutually Exclusive Identification
This check validates that a user cannot provide the last three digits of their Social Security Number and also check the 'I do not have a social security number' box. The same logic applies to the Driver's License Number. This prevents contradictory information, ensuring data integrity and clarity for court records.
5
Driver's License Issuing State
This validation requires the 'issued in (State)' field to be completed if the petitioner provides the last three numbers of their driver's license. The issuing state is a necessary component of the identification information required by the court system. Submitting a partial driver's license number without the state is incomplete and may be rejected.
6
Pregnancy Status Conditional Logic
This check ensures that if 'The wife in this marriage is pregnant' is selected in Section 7, one of the two subsequent options ('The husband is the father' or 'The husband is not the father') must also be selected. This information is crucial because it determines whether child-related orders need to be addressed in the divorce, which significantly alters the legal proceedings. An incomplete answer leaves the child's status ambiguous.
7
Protective Order Details Requirement
This validation verifies that if any checkbox in Section 9B or 9C (indicating a pending or existing protective order) is selected, all associated detail fields (County, State, Date, Cause Number) must be filled. This information is mandatory for the court to be aware of related family violence proceedings. Missing details can lead to procedural delays and failure to comply with statutory disclosure requirements.
8
Name Change Request Completeness
This check ensures that if the petitioner selects 'I ask the Court to change my name' in Section 12, the new First, Middle, and Last name fields are filled out. Without the requested new name, the court cannot grant the order. This validation prevents an incomplete request from being submitted.
9
Discovery Level Selection
This validation ensures that exactly one option is checked in Section 1 for the discovery level ('Level 1' or 'Level 2'). The discovery level sets the rules for how information is exchanged between the parties. Selecting zero or both options would create ambiguity and require clarification, delaying the case.
10
Petitioner Signature Block Completeness
This check verifies that all fields in the final petitioner block (Name, Signature, Date, Phone, and full Mailing Address) are completed. This section is required for a document to be considered legally filed and to ensure the court and the opposing party can contact the petitioner. An incomplete signature block will result in the filing being rejected by the clerk.
11
Inconsistent Form Usage Warning
This validation flags a potential issue if the user indicates there are children of the marriage, which contradicts the form's title 'Set A - No Children'. Specifically, if Section 7 is checked ('The husband is the father of this child'), a warning should be issued that this form may be incorrect for their situation. This helps prevent users from filing the wrong paperwork, which would be dismissed and require them to start over.
12
Child Details for Section 8
This check ensures that if 'The wife did have a child with another man while married to the husband' is selected in Section 8, the details for at least one child (Name, Age, Date of Birth, Sex) are entered. The form requires this information to be disclosed to the court. Failure to provide these details makes the section incomplete and fails to satisfy the disclosure requirement.
13
Paternity Status for Section 8
This validation confirms that if 'The wife did have a child with another man...' is checked in Section 8, one of the subsequent options regarding the status of paternity must also be selected. The court needs to know if paternity has been legally established to determine if the divorce can proceed. Leaving this unanswered creates a legal ambiguity that must be resolved.
14
Legal Notice Method Selection
This validation ensures that the petitioner selects exactly one of the three primary options for legal notice in Section 2 ('Waiver of Service', 'Service by Sheriff', or 'Service by Posting'). This choice dictates the next steps in the legal process for notifying the respondent. Failure to select a method leaves the court without direction on how to proceed with service.
Common Mistakes in Completing FM-DivA-100
Petitioners often file for divorce before meeting the strict Texas residency rules, which require one spouse to have lived in Texas for at least six months and in the filing county for at least 90 days. Filing prematurely will result in the court lacking jurisdiction and dismissing the case, forcing the petitioner to start over and pay filing fees again. Carefully calculate and verify your residency dates before submitting the petition to avoid this fatal error.
Choosing how to legally notify the other spouse (Section 2) is a critical step with significant consequences. A common mistake is selecting 'Waiver of Service' assuming the spouse will cooperate, only to find out they won't, causing major delays. Conversely, providing an incorrect address for official service can invalidate the entire process. Understanding each option's legal weight is crucial for the case to proceed correctly.
People frequently misunderstand the distinction between separate property (owned before marriage, or received as a gift/inheritance) and community property. They may incorrectly list community assets as separate or fail to claim their legitimate separate property in Section 11B. This can lead to unintentionally giving up rights to assets or creating disputes that complicate and prolong the divorce.
This form is for divorces with 'No Children,' but it includes critical questions about pregnancy (Section 7) and children born to the wife by another partner during the marriage (Section 8). A serious mistake is to ignore these sections or answer incorrectly when these situations apply. The divorce cannot be finalized until after a child is born and/or paternity is legally established, which often requires a different, more complex legal process.
Section 9 requires the disclosure of any current, pending, or even expired protective orders involving the spouses, and a copy must be attached. A common error is omitting this information, either by oversight or intentionally, which the court views very seriously. Failure to be fully transparent can result in sanctions, loss of credibility with the judge, and requirements to amend the petition.
The instructions in Section 11B explicitly state to write 'none' if you have no separate property to list in a category. Many people simply leave the lines blank, creating legal ambiguity about whether they have no such property or simply forgot to list it. This can lead to challenges from the other party or require clarification in court, delaying the proceedings.
In Section 1, petitioners often underestimate the total value of their marital estate, which includes retirement funds, vehicles, and other assets, not just cash. They may incorrectly check 'Level 1' (for estates under $250,000) when they actually qualify for 'Level 2'. This can create procedural problems later, requiring motions to change the discovery level, which adds time and legal costs to the divorce.
Forgetting to sign and date the petition in Section 13 is one of the most common and easily avoidable mistakes. An unsigned petition is not legally valid and will be rejected immediately by the court clerk. This simple oversight halts the entire process, delaying the official start of the 60-day waiting period and requiring the petitioner to physically return to the courthouse to refile.
Simple data entry errors like misspelling the petitioner's or respondent's full legal name, transposing numbers in a driver's license, or writing an incorrect date of marriage/separation are frequent. These mistakes can cause the filing to be rejected or create inconsistencies in the legal record that must be corrected later. Using an AI-powered tool like Instafill.ai can help prevent these errors by validating data formats and ensuring all fields are completed accurately.
The top of the first page contains boxes for 'Cause Number' and 'Court Number' that are explicitly marked for the clerk's office to complete upon filing. Anxious petitioners sometimes fill these in themselves, which can confuse the filing process and may require the clerk to reject the form or transfer the information to a clean copy. It is essential to only fill in the sections designated for the petitioner. Since this form is a non-fillable PDF, a tool like Instafill.ai can convert it into a smart, fillable version, clearly delineating which fields are for the user and which are for the clerk.
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