In Texas, the pleading requirements for a divorce case are designed to be straightforward and avoid unnecessary complexity. According to Texas Family Code § 6.402, a petition in a divorce suit doesn’t need to detail the underlying evidentiary facts if the grounds for divorce are stated in the language of the statute. This means that as long as the petition clearly outlines the legal basis for the divorce, it is generally considered sufficient.
However, when it comes to more complex issues like property division, tracing assets, or claims involving third parties, it’s crucial to specifically plead these property rights. This ensures that all relevant issues are addressed and considered by the court.
In cases involving children, the petition must also include a suit affecting the parent-child relationship if the child is not under the jurisdiction of another court. Additionally, the petition must specify whether there are any children under eighteen or otherwise entitled to support, and include other relevant information as required by Texas Family Code § 102.008.
Understanding these pleading requirements is essential for anyone filing for divorce in Texas, as proper pleadings set the foundation for how the case will be handled by the court.