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Yes! You can use AI to fill out Original Petition for Divorce [Set B]

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Original Petition for Divorce [Set B], page 1
Moderate · 60/100Form Complexity Index

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What this form asks for

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This document, Form FM-DivB-100, is the initial pleading filed with a Texas court to begin a divorce case involving minor children. It establishes the court's jurisdiction and provides essential information about the marriage, separation, children, property, and the specific orders the petitioner is requesting from the court. 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.
Fillable fields247
Pages11
Form Complexity IndexModerate, 60/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Jurisdictional Residency Prerequisite

This validation ensures that the filer meets Texas's legal residency requirements for divorce. It checks that at least one box is selected in Section 3A (90-day county residency) AND at least one box is selected in Section 3B (six-month state residency). If these conditions are not met, the court lacks jurisdiction to hear the case, and the filing will be rejected.

Logical Date Consistency for Marriage and Separation

This check validates the dates entered in Section 4. It ensures that the 'Date of Separation' is not earlier than the 'Date of Marriage'. This maintains the logical and chronological integrity of the petition, as it is impossible to separate before getting married. An error here could call into question the validity of the facts presented in the petition.

Conditional Requirement for Service Address

This validation is triggered based on the selection in Section 2, 'Legal Notice'. If the petitioner selects 'I will have a sheriff, constable, process server or clerk serve my spouse,' this check ensures that the Street Address, City, State, and Zip fields for the respondent are completely filled out. Without a valid service address, legal notice cannot be properly delivered to the respondent, which is a critical failure in legal procedure.

Petitioner Identification Completeness

This check verifies that the petitioner has provided the required identification information on Page 1. It ensures that for both the driver's license and social security number sections, the user has either entered the last three digits or checked the corresponding 'I do not have...' box. This is required by court rules for party identification and prevents the form from being submitted with incomplete or ambiguous information.

Pregnancy Status and Paternity Declaration Logic

This validation enforces the dependency in Section 7, 'Is the wife pregnant?'. If the petitioner indicates that the wife is pregnant, this check requires that one of the two subsequent options regarding the child's paternity ('The husband is the father' or 'The husband is not the father') must also be selected. Failing to provide this information prevents the court from addressing all necessary issues, as a divorce cannot be finalized in Texas until after a child of the marriage is born and paternity is addressed.

Child Information Consistency

This check cross-references the child information between Page 1 and Section 6A. If any child's initials are entered in the 'In the Interest of' section on the first page, this validation ensures that at least one child's full details (Name, Date of Birth, Place of Birth, State of Residence) are provided in the table in Section 6A. This prevents a petition from being filed that acknowledges children but fails to provide the necessary details for the court to make orders concerning them.

And 8 more checks
  • Conservatorship (Custody) Selection Logic
  • Public Benefits and Attorney General Service Certification
  • Protective Order Details Requirement
  • Name Change Request Completeness
  • Exclusive Selection for Legal Notice Method
  • Child with Another Man Declaration Logic
  • Petitioner Contact Information and Signature
  • Child Jurisdiction Declaration Requirement

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How to Fill Out FM-DivB-100 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select the Texas Original Petition for Divorce [Set B] form.
  2. Use the AI assistant to provide personal information for the Petitioner and Respondent, including names, addresses, and partial identification numbers.
  3. Answer the guided questions regarding jurisdiction, dates of marriage and separation, and the grounds for the divorce.
  4. Input detailed information about the children, including custody (conservatorship), visitation (possession and access), child support, and health insurance.
  5. Declare community and separate property, list any debts, and indicate if a name change is being requested post-divorce.
  6. Review all the auto-filled information for accuracy, make any necessary edits, and then sign the petition electronically or print for a physical signature.
  7. Download the completed form and follow the instructions for filing it with the correct Texas court and serving the petition to your spouse.

Common Mistakes in Completing FM-DivB-100

The ones the AI is built to catch.

Filing in the Wrong County or State
Petitioners often miscalculate or misunderstand the strict residency requirements, filing for divorce before living in Texas for 6 months and the specific county for 90 days. This mistake, found in Section 3, results in the case being dismissed for lack of jurisdiction, wasting time and filing fees. To avoid this, carefully verify your dates of residency before filing; tools like Instafill.ai can help by flagging jurisdictional requirements as you complete the form.
Choosing the Incorrect Method of Legal Notice
In Section 2, petitioners frequently misunderstand the options for serving their spouse (Waiver, Personal Service, Publication). They may assume a spouse will sign a waiver when they won't, or they may not have a valid address for personal service, causing significant delays. Choosing the wrong option can stall the case for months, so it's crucial to assess the situation realistically. If the form is a non-fillable PDF, Instafill.ai can convert it into an interactive version, making it easier to review and select the correct legal notice option.
Forgetting to Notify the Attorney General
A critical and common error is failing to notify the Office of the Attorney General (OAG) when children have ever received Medicaid or TANF benefits, as required by Section 15 and 18. This oversight will prevent the judge from finalizing the divorce, as the OAG is a required party to the case. Always check the box if public benefits were received and ensure you sign the 'Certificate of Service' on page 11 and send a copy of the petition to the OAG.
Making Conflicting Custody Selections
The nested checkboxes in Section 6D for Conservatorship (Custody) are a common source of confusion. A petitioner might check that parents should be 'Joint Managing Conservators' but then fail to select a sub-option for who determines the child's residence, or they might check multiple conflicting sub-options. This ambiguity forces the court to seek clarification, delaying orders concerning the children. Using a guided form-filling tool can prevent this by ensuring only valid combinations of choices are selected.
Ignoring Complex Paternity Issues
Petitioners often fail to properly address the questions in Sections 7 and 8 regarding pregnancy or children born during the marriage to a different father. They may not realize that a divorce cannot be finalized while the wife is pregnant or that separate legal action is required to establish paternity for certain children. This omission creates major legal complications that will halt the divorce proceedings until resolved.
Incorrectly Listing Separate Property
In Section 11B, people frequently misunderstand the legal distinction between 'separate' and 'community' property, either listing assets acquired during the marriage as separate or, more critically, failing to list their actual separate property. Neglecting to claim separate property in the petition can be interpreted as waiving the claim, potentially resulting in the loss of assets like inheritances or pre-marital property. It is crucial to list all separate property or write 'none' if applicable.
Omitting Children or Child-Related Court Orders
In Section 6, a petitioner might accidentally forget to list all children they have with their spouse who are under 18 or still in high school. They also frequently overlook the note and file the form even when a prior court order for a child (like child support) already exists. Omitting a child means the court cannot make orders for them, and ignoring a prior order can lead to dismissal, requiring the case to be refiled as a modification instead of a new divorce.
Providing Incorrect or Insecure Personal Data
On page 1, filers often make simple data entry errors, such as providing their full Driver's License or Social Security number instead of only the last three digits as requested. This creates a significant privacy risk in a public document. Misspelling names or using nicknames instead of full legal names for either spouse can also cause delays and require amendments to the filing. AI-powered tools like Instafill.ai can help prevent these errors by validating data formats and ensuring fields are completed as instructed.
Failing to Disclose Protective Orders
Petitioners sometimes neglect to complete Section 9, which requires the disclosure of any pending or active protective orders involving either spouse. The form requires detailed information and, in some cases, attaching a copy of the order itself. Failure to disclose this information is a serious omission that can anger the judge and negatively impact the case's outcome, especially regarding matters of child safety and custody.
Writing Vague Custom Visitation Schedules
When a petitioner decides 'Standard visitation' is unworkable and checks option 'c' or 'd' in Section 6F, they often write in a custom schedule that is vague, incomplete, or unenforceable. For example, writing 'visitation as agreed' provides no clear order for the court to enforce if the parents later disagree. This leads to future conflict and requires returning to court to clarify the terms, costing additional time and money.

Frequently Asked Questions About FM-DivB-100

 

Is it really free for 7 days?
Yes. You pay $0 today. Cancel before Nov 7 and you are never charged. Keep it, and it is $19.99 a month for 5 fills of your FM-DivB-100.
Can I fill other forms too?
This plan is for your FM-DivB-100: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.
How do I cancel?
From your account, in two clicks, any time. No email, no call.
How does the AI fill out FM-DivB-100?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of FM-DivB-100, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is FM-DivB-100 to fill out?
FM-DivB-100 has a Form Complexity Index of 60 out of 100, in the moderate tier: 247 fillable fields across 11 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of the 'Original Petition for Divorce [Set B]' form?
This form is used to start the divorce process in Texas when you and your spouse have children together who are under 18 or still in high school. The person who files this form is called the 'Petitioner'.
What are the residency requirements to file for divorce in Texas using this form?
To file for divorce, either you or your spouse must have lived in Texas for the last six months and in the specific county where you are filing for the last 90 days. Section 3 of the form details these requirements, including exceptions for military service.
What should I do if I don't know my spouse's current address?
In Section 2, 'Legal Notice,' you can check the box indicating you cannot find your spouse. You will then need to ask the court to serve your spouse by 'publication,' which requires filing an additional affidavit and hiring a lawyer to act as an attorney ad litem.
What does 'Joint Managing Conservators' mean in Section 6D regarding custody?
This means you and your spouse will share the rights and responsibilities of raising your children. You will still need to specify which parent has the exclusive right to decide where the children live or if there will be a geographic restriction on their residence.
What happens if the wife is pregnant during the divorce proceedings?
According to Section 7, if the wife is pregnant, the divorce cannot be finalized until after the child is born. You must also indicate whether the husband is the father, as this affects future orders for custody and support.
Can I ask the court to change my name back to my pre-marriage name with this form?
Yes, Section 12 allows you to request a name change back to a name you used before the marriage. You cannot use this form to change your name to something new, and you must affirm the change is not to avoid creditors or criminal prosecution.
What is the 60-day waiting period, and can it be waived?
Texas law requires a 60-day waiting period from the date the petition is filed before a divorce can be finalized. As noted in Section 10, this waiting period can be waived in cases of family violence where there is a conviction or an active protective order against your spouse.
What should I do if my children receive or have ever received Medicaid or TANF benefits?
If your children have received Medicaid or TANF, you must check the appropriate box in Section 15 and send a copy of the filed petition to the Office of the Attorney General's Child Support Division. You must also sign the 'Certificate of Service' in Section 18.
I'm concerned for my safety. Do I have to share my address with my spouse?
No, if you fear harassment or family violence, you can ask the court to keep your personal information confidential. In Section 16, you can request that your address, phone number, and other details not be shared with your spouse.
What is the difference between community property and separate property?
Community property is generally anything acquired by either spouse during the marriage, while separate property is what you owned before the marriage or received as a gift or inheritance. Section 11 of the form is where you list separate property and ask the court to divide community property.
Do I have to list my Social Security or driver's license number?
The form asks for the last three digits of your driver's license and social security number for identification purposes. If you do not have one or both of these, you can check the corresponding box to indicate that.
Can an AI tool help me fill out this divorce petition?
Yes, services like Instafill.ai use AI to help you accurately auto-fill form fields, which can save time and reduce errors. The AI can extract information from your documents and place it in the correct fields on the form.
How can I fill out the 'Original Petition for Divorce' form online?
You can use a service like Instafill.ai to fill out this form online. Simply upload the PDF to the platform, and its AI will help you complete the fields, making the process faster and more efficient.
The PDF version of this form I found is not fillable. What can I do?
If you have a non-fillable or 'flat' PDF, you can use a tool like Instafill.ai to convert it into an interactive, fillable form. This allows you to type your answers directly into the fields before printing.
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