Being served with divorce papers can be an emotional and overwhelming experience. Whether you expected it or it came as a surprise, understanding what you’ve been served with and knowing the next steps is crucial. Acting promptly and strategically can protect your rights, ensure your voice is heard, and help you navigate this challenging time. Here’s a breakdown of what to do after being served with divorce papers in Texas.
What Have You Been Served With?
When served with divorce papers, you typically receive two key documents:
- The Citation
- The citation notifies you that a divorce lawsuit has been filed and includes important details such as:
- The court where the case was filed.
- Your deadline to file a response (Answer).
- It also warns that failing to respond can result in a default judgment against you.
- The citation notifies you that a divorce lawsuit has been filed and includes important details such as:
- The Original Petition for Divorce
- The petition outlines what your spouse is requesting in the divorce. It may include:
- Grounds for divorce (e.g., insupportability or fault-based grounds like adultery).
- Requests for child custody, visitation, child support, spousal maintenance, and property division.
- Temporary orders or requests for specific relief.
- The petition outlines what your spouse is requesting in the divorce. It may include:
Understand Deadlines: Don’t Miss Them
After being served, you have a strict deadline to file your Answer:
- You must file your Answer by 10:00 a.m. on the Monday following 20 days from the date you were served.
- If you fail to file an Answer, the court can proceed with a default judgment, granting your spouse what they requested in the petition without your input.
Temporary and Standing Orders
In some Texas counties, like Bexar County, you may also be subject to temporary orders or standing orders:
- Standing Orders
- Many Texas counties have automatic standing orders that apply once a divorce petition is filed. These orders typically prohibit:
- The transfer, concealment, or destruction of property.
- Harassment of the other spouse.
- Removing children from the jurisdiction.
- Many Texas counties have automatic standing orders that apply once a divorce petition is filed. These orders typically prohibit:
- Temporary Orders
- Your spouse may request a hearing for temporary orders to address immediate issues, such as:
- Temporary custody and visitation schedules.
- Temporary child or spousal support.
- Who will stay in the marital home.
- Temporary orders can set the tone for the divorce and are legally binding until the divorce is finalized.
- Your spouse may request a hearing for temporary orders to address immediate issues, such as:
Hire a Responsive and Caring Divorce Attorney
Navigating a divorce without an experienced attorney can leave you vulnerable to costly mistakes or unfair outcomes. Here’s why hiring the right lawyer matters:
- Responsive Communication
- Divorce moves quickly, and deadlines are strict. You need an attorney who responds promptly to your concerns and keeps you informed about every step of the process.
- Caring and Empathetic Guidance
- Divorce is as much an emotional journey as a legal one. A caring attorney understands what you’re going through and listens to your concerns, making you feel supported throughout the process.
- Focused on Your Best Interests
- Every decision in your divorce should align with your goals and protect your rights. Whether it’s negotiating child custody, securing a fair property division, or advocating for your financial stability, a good attorney puts your interests first.
Why Taking Immediate Action is Critical
Failing to act quickly after being served can lead to significant consequences, such as losing your chance to negotiate favorable terms or having important issues decided without your input. Here’s what you should do right away:
- Read and Understand the Papers
- Review the citation and petition carefully to understand what your spouse is requesting.
- Contact an Attorney Immediately
- An experienced Texas divorce lawyer will help you:
- File your Answer on time.
- Prepare for temporary orders or hearings.
- Develop a strategy for child custody, property division, and other contested issues.
- An experienced Texas divorce lawyer will help you:
- Gather Relevant Information
- Start collecting financial documents, such as tax returns, pay stubs, bank statements, and property records.
- If you have children, document your involvement in their lives, such as school activities, medical appointments, and caregiving responsibilities.
- Follow Standing Orders
- Avoid violating any standing orders to ensure you remain in good standing with the court.
What Happens Next?
Once you’ve responded to the divorce petition, the process may involve:
- Discovery: Exchanging information and evidence with your spouse.
- Negotiations: Working toward a settlement on issues like property division, custody, and support.
- Mediation: A required step in many Texas divorces to resolve disputes without a trial.
- Trial (if necessary): If you and your spouse cannot agree, a judge will make the final decisions.
Protect Your Rights with an Experienced Texas Divorce Lawyer
Being served with divorce papers is a pivotal moment in your life, but you don’t have to face it alone. An experienced, caring, and responsive Texas divorce lawyer can help you navigate the legal process, protect your rights, and achieve the best possible outcome for you and your family.
At The Law Office of Steven C. Buitron, we pride ourselves on providing compassionate and effective legal representation for individuals facing divorce. Contact us today for a free consultation and take the first step toward securing your future.
Steve Buitron, Esq.