Are you eager to file for divorce? Waiting to file for divorce may be the most difficult part of the entire divorce process. All the anticipation associated with moving on with your life is difficult. Like a rocket on the launch pad, you want to get off the ground as soon as possible. However, you’ve heard from friends and family that you need to wait before filing. In other words, do you need to tap the brakes before moving forward with a divorce?
No waiting period for filing for divorce in Texas
Texas does not have a waiting period when it comes to filing for divorce. Meaning that you can file for divorce whenever you would like. There is no such thing as a legal separation here, either. You can file for divorce when you are living with your spouse or when you are living apart. The law does not distinguish between either situation. However, there are some details that you should know as you head into a divorce. Not understanding all the details surrounding the early parts of your divorce puts you at a significant disadvantage.
What document is the initial filing of a divorce?
The Original Petition for Divorce is what you need to draft and file for your divorce to begin. However, an Original Petition is not a complex document. It tells a court who you are and who your spouse is. If you have children under age 18 then it tells the court who they are. What you are trying to get out of the divorce and any other relief you are seeking should be mentioned. All in all, a petition does not have to be more than just a few pages.
After filing your Original Petition is it time to put your feet up?
Not. Waiting around after you file for divorce serves no purpose. Think about it like this. Suppose that you want to contact your mother. You write her a nice letter and place it in an envelope. You stamp the envelope and write her address on the outside. Ready to go? Not unless you mail the letter. You need to place the envelope in the mailbox for the mailman to come by and pick it up. He will take the letter to your mother’s home for her to read.
That may seem obvious in the context of mailing a letter. All of us know that a letter that is written but not mailed goes nowhere. It is the same sort of lesson that applies to a divorce, however. Filing your divorce does not do much. Your petition is assigned to a court. It will sit in that court until you take further action. If no further action is taken then your petition will be dismissed. At that point, you would need to start all over from the beginning.
Want to know a good way to avoid having your petition dismissed for lack of action? Working with an experienced family law attorney from the Law Office of Bryan Fagan. Our attorneys work with clients every day across the state of Texas who are beginning a divorce. We will file your petition and then work to continue the case from there. Our goal isn’t to file the divorce petition and then do nothing. Rather, our goal is to file your petition and continue with the case. What is the next step in a divorce?
Having your spouse served with divorce papers
Serving your spouse with notice of the divorce is a critical yet often overlooked portion of a case. So many times people want to jump right from filing the divorce to something else. However, before you get there you must provide your spouse with notice that you have filed. This is done via service. Either a private process server or law enforcement officer must pick up your divorce documents from the courthouse. Next, he will go to where you instruct him and then physically hand the documents to your spouse. This is known as personal service.
Personal service is a right in Texas. This is the preferred method for being provided notice of a lawsuit such as divorce. Helping the process server by providing him with an address to serve your spouse is essential. The process server will document all their attempts at service. This is important if you experience prolonged difficulty serving your spouse. Ultimately you may have to attempt to serve your spouse via an alternative method of service.
An alternative method of service is also known as substituted service. You are substituting one method of service for another, in other words. This could mean having your spouse served via publication. Publishing notice of your divorce in a magazine or newspaper may be the course you all have to take. Posting the petition to the courthouse steps or even having the petition certified and mailed to your spouse are other possible options.
Moving forward in a divorce when your spouse does not respond
One of the most relevant questions to ask yourself is what you can do if your spouse does not respond to your divorce petition. Suppose that you file for divorce and successfully serve your spouse with notice of the case. Now that you have served him you are wondering what to do if he does nothing. As in, he receives the divorce paperwork and sets it aside. He knows that you want a divorce and have filed a petition. After that, no action is taken.
Are you stuck if your spouse decides not to participate in the divorce? Not necessarily. There is a way for you to pursue a divorce when your spouse refuses to be a participant. First, from the day that you file for divorce until the day the divorce is granted sixty days must have passed (at least). This is the waiting period that is relevant to a Texas divorce. When you file for divorce expect to wait at least two months.
If your spouse has not responded to your divorce petition after service you do not have to wait around. Rather, begin to draft a final order in your divorce. In other words, begin to come up with a plan for your life after the divorce. Consider the needs of your children. Start to plan out a division of property and debt. When you have a plan, include language which accomplishes your goals. You can include those in final orders and present them to a judge. With or without your spouse you can get divorced. You need to have a plan first.
Your spouse has filed for divorce- what do you do next?
Not panic. It is easy to feel overwhelmed when it comes to a divorce. Your spouse has filed for divorce out of the blue. She has decided that the kids are going to live with her. Based on the divorce petition she has also decided that your property needs to be divided. Things are not looking great for you. You don’t even want the divorce. You would like to stay married. The problems in your marriage can be solved in your opinion.
So what can you do in the midst of all this? We have already established that your spouse can get divorced without you. This strikes you as unfair. You can do your best to save a marriage but if your spouse wants to end it that is all it takes? The law in Texas says exactly that. Why is this the case? Well, before we go any further let’s spend some time discussing no-fault divorces. Then we can shift back to determining what you should do when you are served with divorce papers.
No-fault divorce in Texas
Texas, like all other states in the USA, is a no-fault divorce state. This means that you can divorce your spouse for no particular reason at all. It used to be that you would need to specify a specific fault ground for divorce to get your case off the ground. Examples of common fault grounds for divorce include adultery, cruel treatment, and abandonment. Before Texas became a no-fault divorce state you would need to plead and prove a fault ground. Unable to do so? Then no divorce for you.
Now you do not have to go through with that. Simply telling a court that you are filing for divorce due to a conflict in personalities is sufficient. The result of this is that divorces are much easier to achieve in 2024 than in 1954, for example. We can debate the other impacts of no-fault divorce until the cows come home. For our purposes today just know that you do not need to specify a reason for why you are divorcing. If you are the spouse responding to the petition then know that your spouse does not, either.
The Answer
A petitioner is the spouse who files the divorce petition. As the spouse who must respond to the divorce petition, you become the respondent. The respondent will typically file an Answer to the petition. The Answer acknowledges receipt of the divorce petition. You would typically issue a general denial of the allegations made in the petition. The answer is usually a very short document. Just a few pages long.
Keep in mind that there is a deadline to file an Answer. Responding to the Petition must occur within approximately twenty days of service. When you do not respond to the divorce petition within twenty days you are in default. A default judgment is the type of judgment we discussed earlier when a spouse does not participate in the divorce. File your Answer within twenty days and go from there. There is no benefit to you not participating in the divorce.
It is normal to have questions about where to go and what to do when it comes to a divorce. Being blindsided by a divorce is not a desirable position to find yourself in. Working with an experienced family law attorney mitigates some of the shock. The attorneys with the Law Office of Bryan Fagan know how to keep you and your case on track. We don’t make decisions for our clients. Rather, we work with clients to ensure that you can make good decisions for yourself. How? By providing you with information that is easily accessible and pertains to your specific situation.
Attending mediation
Mediation is a process where you and your spouse meet with a third-party mediator to hopefully settle your divorce case. However, mediation is not saved until the very end of a case. Mediation occurs at two points in most divorces. The first time that mediation enters a divorce is during the temporary orders phase of a case. Temporary orders attempt to establish ground rules for the divorce. Establishing visitation arrangements for the kids is one purpose of temporary orders. Determining how household bills will be divided as well as where everyone will live during the divorce is another important part of mediation.
Final order mediation occurs immediately before a trial is scheduled. They say that deadlines spur action. This is true in the context of a divorce. By attending final orders mediation you know that if you cannot settle your case then you are bound for a divorce trial. However, showing up to mediation and expecting a settlement is not likely. Rather, taking the time to prepare for mediation is how you achieve success. This means thinking through your situation and determining how best to proceed.
Again, working with an attorney to prepare for mediation is the best route to take. Otherwise, being able to come up with a plan geared towards achieving a particular goal is quite difficult. Imagine trying to synthesize your goals with those related to your children. All while contemplating the intricacies of Texas family law. This is not an easy task. By choosing to work with an experienced family law attorney you can avoid potentially costly mistakes.
Communicating with your spouse during the divorce
One of the most challenging parts of a divorce is communication with your spouse. This is a person that you are probably not on great terms with now. It is normal to feel frustrated with him or her currently. She may have done something to hurt you, your children, or your family. That said, there is still good reason to try and work with your spouse during a divorce. This is due to settlements in a divorce being much more productive than trying to go to court.
Settlements are not reached magically, however. You and your spouse need to work together to try and settle your case. This means putting aside your differences and focusing on your commonalities. For parents, this is a focus on their children. What is in the best interests of your children may not be what you want to happen. Remember that what serves your children best is having a relationship with you and your co-parent. These are the hallmarks of working together through negotiation in a divorce.
This does not mean that you should back down on a particular subject you find to be important. Everyone going through a divorce has times where you encounter a subject that is of particular importance to you. Understanding what matters most to you in the divorce is a key part of preparing your case. Going through a divorce means being able to identify the subjects that matter most to you and your family. This is not done easily. It takes time to arrive add achievable and practical goals for your family.
Final thoughts on the waiting period associated with Texas divorces
There is no waiting period to get divorced as far as a separation is concerned. You do not need to be separated from your spouse to file for divorce. This should provide you with the basic outline of a plan to begin your divorce. However, you’re planning should not stop there. Being able to meet with an experienced family law attorney to talk more about your case is an essential part of the planning process.
Going into a divorce with no plan is like trying to wander out of the forest without a map. You may think that your instincts will take over and that you will be able to find a way out. However, that is not likely. What is more likely is that without a plan you will make mistakes. Those mistakes will cost you time, money, and happiness within your family. Don’t let mistakes hamper your relationship with your children and your finances. Work with one of the attorneys with the Law Office of Bryan Fagan, instead. Thank you for joining us on our blog today.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
