Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE
Texas Codes

Tex. Fam. Code § 6.402 (2026)

Pleadings

✓ current as of May 2026
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Sec. 6.402. PLEADINGS. (a) A petition in a suit for dissolution of a marriage is sufficient without the necessity of specifying the underlying evidentiary facts if the petition alleges the grounds relied on substantially in the language of the statute.

(b) Allegations of grounds for relief, matters of defense, or facts relied on for a temporary order that are stated in short and plain terms are not subject to special exceptions because of form or sufficiency.

(c) The court shall strike an allegation of evidentiary fact from the pleadings on the motion of a party or on the court's own motion.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1999–2025 · leading case: In Re the Marriage of Richards, 991 S.W.2d 32 (Tex. App. 1999).
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In Re the Marriage of Richards, 991 S.W.2d 32 (Tex. App. 1999). “Tex. Fam.Code Ann. § 6.402 (Vernon 1998).”
in Re: Roger Arash Farahmand (Tex. App. 2015). · cites it 6× “The portions Petitioner believes are inappropriate and in violation of Texas Family Code § 6.402( c) have been redacted by Petitioner, and Petitioner requests that the Court order Respondent to cure said pleading defects by a time and date certain.”
W.D. v. R.D. (Tex. App. 2019). “See Tex. Fam. Code Ann. § 6.402 . They had four children, ranging in age from three to eight.”
Terry Lee Bizzle v. Eve Lynn Baker (Tex. App. 2022). “See Tex. Fam. Code Ann. § 6.402 . Baker alleged insupportability, cruel treatment, and abandonment as grounds for divorce in her petition.”
Aldo Montemayor v. Lizeth Aracely Montemayor (Tex. App. 2025). “TEX. FAM. CODE § 6.402(a) (“A petition in a suit for dissolution of a marriage is sufficient without the necessity of specifying the underlying evidentiary facts if the petition alleges the grounds relied on substantially in the language of the statute.”
Jesus Soliz v. Charlotte P. Soliz (Tex. App. 2003). “Tex. Fam. Code Ann. § 6.402 (Vernon 1998).”
Robert A. Lansink v. Lisa K. Lansink (Tex. App. 2011). “A trial court 1 We note that the trial court purported to act pursuant to TEX. FAM. CODE ANN. § 6.402(c) (Vernon 2006), which requires a trial court to “strike an allegation of evidentiary fact from the pleadings on the motion of a party or on the court’s own motion” in a suit…”
— Tex. Fam. Code § 6.402(a) — 1 case
Aldo Montemayor v. Lizeth Aracely Montemayor (Tex. App. 2025). “TEX. FAM. CODE § 6.402(a) (“A petition in a suit for dissolution of a marriage is sufficient without the necessity of specifying the underlying evidentiary facts if the petition alleges the grounds relied on substantially in the language of the statute.”
— Tex. Fam. Code § 6.402(c) — 2 cases
in Re: Roger Arash Farahmand (Tex. App. 2015). “The portions Petitioner believes are inappropriate and in violation of Texas Family Code § 6.402( c) have been redacted by Petitioner, and Petitioner requests that the Court order Respondent to cure said pleading defects by a time and date certain.”
Robert A. Lansink v. Lisa K. Lansink (Tex. App. 2011). “A trial court 1 We note that the trial court purported to act pursuant to TEX. FAM. CODE ANN. § 6.402(c) (Vernon 2006), which requires a trial court to “strike an allegation of evidentiary fact from the pleadings on the motion of a party or on the court’s own motion” in a suit…”
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