Filing for divorce can feel overwhelming, but understanding the steps ahead can make the process smoother. One crucial part of this journey is preparing for a divorce trial. This stage determines important aspects of your future, including property division and child custody. Taking control early, staying informed, and understanding your options can help you approach the trial with confidence and focus.
Understanding the Divorce Process in Texas
When it comes to filing for divorce, the experience can bring a range of emotions. Taking the step to initiate a divorce case puts you in a position of control. By starting the process yourself, you gain insight into timelines and the steps ahead. While there is no inherent legal advantage in filing first, doing so gives you the benefit of preparedness, especially as you move closer to a trial.
Why File for Divorce?
One common reason for filing for divorce is physical separation. Your spouse may have moved out and started living elsewhere, leaving you to manage the household alone. While this separation might initially seem like an improvement, it can complicate the divorce process if your spouse refuses to participate or cannot be located.
Challenges of a Non-Participating Spouse
If your spouse refuses to engage in the divorce process, the road ahead may involve additional time and effort. Texas law requires that you notify your spouse of the divorce either directly or through substituted service. While this situation can be frustrating, it’s important to remember that the process can move forward with persistence.
What Happens if You Are Avoiding Divorce Papers?
Consider the reverse scenario: you are the spouse avoiding participation. Ignoring divorce papers does not make the case disappear. Once served, the process server submits proof of service to the court. From that date, you have 20 days plus the following Monday to file an answer. Missing this deadline leaves you vulnerable to a default judgment, which allows your spouse to move forward with decisions about property division and child arrangements without your input.
Why Avoidance Backfires
Some people avoid divorce proceedings in the hope of reconciliation. However, delaying the process rarely leads to reconciliation. If both parties agree, the required 60-day waiting period provides enough time to explore counseling or other reconciliation efforts.
By not participating, you risk losing control over significant aspects of your life. A judge may approve a one-sided decree, which could negatively affect your financial and custodial rights. For these reasons, engaging in the process is critical.
Steps After Being Served Divorce Papers
Once served, the timeline begins, and the court expects an answer. If you are representing yourself, managing these deadlines becomes your responsibility. Use this time to prepare the language for your final decree of divorce, considering important issues such as property division and child conservatorship if applicable.
Serving Divorce Papers to Your Spouse
The first step in ensuring your spouse participates in the divorce is serving them with papers. In Texas, this involves delivering the original petition for divorce and a citation through a process server or law enforcement officer. Once served, proof is filed with the court. From there, the clock starts for your spouse to respond.
What If They Ignore the Papers?
Even if your spouse chooses to ignore the divorce papers, the process can continue. If they fail to respond within the required time, you can request a default judgment. While this simplifies your ability to move forward, the proposed terms must still align with Texas public policy.
Dealing with an Unreachable Spouse
In cases where your spouse cannot be located, the court requires you to demonstrate due diligence in attempting to serve them. Provide last-known addresses and document all attempts to serve the papers. If personal service proves impossible, file a motion for substituted service. This method, approved by the judge, allows service through alternatives like certified mail or publication.
How to Proceed With Substituted Service
After approval, the timeline begins as though personal service had occurred. You can then proceed with preparing your final decree, addressing issues such as property division and child custody.
Importance of Engaging Legal Support
Handling a divorce, especially with an uncooperative spouse, can feel overwhelming. Working with a family law attorney ensures you understand the process and meet deadlines. Experienced attorneys also help draft fair and enforceable decrees, reducing the risk of complications.
Preparing for the Final Decree
During the waiting period, focus on the language of your final decree. If you have no community property or children, the decree can be straightforward. However, if these factors apply, include clear terms for property division, child custody, and visitation schedules.
Considerations for Finalising the Divorce
While a non-participating spouse allows you to propose terms, judges still review them for fairness. Avoid overly one-sided agreements, as courts may reject decrees that violate public policy.
Moving Forward After the Deadline
Once the deadline for your spouse to respond has passed, and proof of service is on file, you can request a default judgment. This requires careful attention to timing and court procedures, but it allows you to finalise the divorce without their involvement.
Seeking Support When You Cannot Locate Your Spouse
If you cannot find your spouse, follow the court’s guidelines for due diligence. After exhausting all reasonable attempts, use substituted service to notify them of the divorce. This step ensures you comply with Texas law while allowing the process to proceed.
Why Legal Advice Matters
Whether you are initiating a divorce or responding to one, having legal guidance ensures you understand your rights and obligations. Attorneys help you handle challenges such as unresponsive spouses or complex property divisions.
Final Thoughts
Divorce can be an emotional and logistical challenge. Engaging in the process protects your rights and positions you for a fair outcome. With preparation and support, you can handle even the most difficult aspects of the journey. If you have questions or need assistance, consult with experienced family law attorneys to guide you through the process.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
