If you’ve received a petition for divorce or a Suit Affecting the Parent-Child Relationship, you might be wondering how to proceed. You’re likely aware that your spouse or the other parent to your child has filed a lawsuit against you. But after that, you are unclear on exactly what you should be doing. Do you need to file something yourself? Should you hire a lawyer? Is being served with papers at a park or in a parking lot legitimate?

My first piece of advice on this subject is to at all times remain calm. A process server or constable is hired by the opposing party’s attorney. They retrieve documents from the courthouse and delivers them to you. This action serves as legal notice of the lawsuit being filed. If approached by someone carrying important-looking paperwork, you should accept the papers. There is no benefit to running away, throwing them on the ground or refusing to comply. Your opposing party will receive credit for serving you notice of the lawsuit, regardless of your actions at that point.

Your spouse will receive credit for having served you regardless of the location. Many receive service at home or work. Others may be served at doctor’s appointments, family members’ homes, or other frequented places. Your opposing party will coordinate this with their attorney and the process server. Don’t be surprised if you’re served, particularly if your spouse has discussed filing for divorce or a child custody case with you.

Do not make assumptions about what the paperwork you are served with says

One common tendency observed after being served with a Petition for Divorce is that people often immediately read and become frustrated with the content. The legal terms used in a Petition are often different from how we use those same words in everyday conversation. So, while you may think a phrase or request means one thing- it likely means something completely different.

With that said, you can read through what has been handed to you—it is your case after all. However, until you speak to an attorney, refrain from making any firm assumptions or determinations about the contents of those documents. Requests for attorney’s fees to be paid by you are common in a Petition. When you file your Answer to that petition your attorney will likely make the same request of your spouse. It is not something to get immediately upset about.

What happens with the timeline of your case once you are served with a Petition?

The timeline or “clock” starts ticking as soon as you are served. The process server will report back to the courthouse with a document certifying that you were served with the Petition on that day at the specific time you received notice of the lawsuit. From there, a couple of different things happen.

First, you now have twenty days to file an Answer. Technically you have until the first Tuesday at 10:00 after the expiration of twenty days to file your Answer. An Answer is your legal response to the allegations and requests made by your opposing party in their Petition. It is not a complex legal document. Rather, it alerts the court that you are intending to participate in the lawsuit and have responses ready to the allegations made in the Petition. Most importantly, by filing an Answer you keep the opposing party in your case from getting a default judgment.

Your spouse can obtain a default judgment from a judge if it’s proven that you were properly notified of the lawsuit, served with the documents, and failed to file an Answer. To prevent your failure to respond from prolonging the case, your spouse can proceed to court after 60 days and have the judge enforce final orders created by them. You’re legally bound by these orders, even if you never saw them. Therefore, filing an Answer is a very important step in your legal case.

What should your reaction be after getting served?

After being served, it’s important to maintain a calm and rational demeanor. Speaking with an attorney as soon as possible is advisable. At the Law Office of Bryan Fagan, we recommend speaking to several attorneys to understand the issues, learn about the process, and gauge the attorney’s suitability. Once you’ve interviewed enough attorneys to feel comfortable, you can proceed with hiring one.

The lawyer will handle filing an Answer on your behalf. However, they will likely request information about your family to file the Answer and prepare for the next stages of your case. It’s important to understand that your case is a marathon, not a sprint. While you may want to address inconsistencies or inaccuracies in the Petition immediately, you’ll have the opportunity to do so later, although it may not be in front of a judge. More details on this will be provided later.

For now, adopt the mindset of minimizing contact with your spouse unless absolutely necessary. Communication about your child is acceptable if conducted civilly. You’re not obligated to engage with your spouse if they are being disrespectful or hostile towards you. Similarly, refrain from acting in a hostile manner towards them.

Consider refraining from logging onto social media platforms such as Facebook, Twitter, Instagram, or any others until your case concludes. Family law attorneys excel at uncovering information about the opposing party, and social media is a prime source. For instance, posting derogatory remarks about your spouse or escalating conflicts publicly can be used against you. Avoid providing your spouse with ammunition that could harm your case later on. Collaborate with your attorney, prioritize spending time with your children, and maintain civility throughout the process.

An alternative to filing an Answer: signing a Waiver of Service

There is one other way to respond to your spouse’s Petition for Divorce that we have not yet discussed in today’s blog post. That would be signing and filing a Waiver of Service. If you and your spouse are on speaking terms, agree on whatever issues exist in your case, and want to work together from the start to finish your divorce as quickly as possible then you can sign a Waiver of Service.

A few items to consider before signing a Waiver of Service. First, you need to read the Waiver carefully. Usually, if you have already hired an attorney, he or she will advise against you signing the document no matter what it says. However, if you do not believe that hiring an attorney is necessary then a Waiver can be signed. This happens with some frequency in situations where you and your spouse have talked through the divorce in a detailed fashion and have agreements in place on all issues related to your case.

Most waivers inform the court that you have received the Petition for Divorce, thus demonstrating your awareness of the lawsuit, but waive your right to be personally served with the lawsuit. Subsequently, you will provide your contact information to the court so that it can be on record for any official mailings from the judge, if necessary.

Temporary Orders: What they are and what they mean to your family law case

Filing for divorce, being served, and responding with an Answer mark the initial stages of the divorce process. The next step, known as Temporary Orders, establishes directives for you and your opposing party throughout the case. It’s crucial to negotiate or obtain fair temporary orders because final orders often closely resemble them.

If your case involves children then the temporary orders will deal primarily with them. You, your opposing party, and the judge will sign orders addressing visitation, child support, conservatorship, and other matters. In a divorce, you’ll resolve issues such as bills, property, temporary spousal support, and other case-specific circumstances. The determination of matters concerning the sale of your home or other property, as well as the allocation of debts, will occur later in your case.

In most cases, family law cases during the temporary orders phase settle in mediation. Mediation is a process where you and your attorney, your spouse and their attorney and an independent attorney will come together to attempt to settle and negotiate your case. You will typically go to the mediator’s office. That attorney will put you in one room and your spouse in another (with your lawyers). The mediator will then bounce back and forth in between your rooms in hopes of reaching a settlement.

If a settlement is reached, the mediator will draft a document known as a Mediated Settlement Agreement (MSA). This MSA will serve as the foundation for drafting the temporary orders in your case. One of your attorneys will be responsible for drafting the temporary orders based on the language in the MSA. Both attorneys will review the final draft to ensure it accurately reflects the MSA. Once both sides are satisfied, the agreement will be signed and submitted to the judge for their signature.

If no settlement, then a temporary orders hearing occurs

Tomorrow’s blog post from the Law Office of Bryan Fagan will focus on Temporary Orders. This hearing provides an opportunity for you and your opposing party to present evidence to a judge if a settlement cannot be reached in mediation. Although termed a hearing, it essentially functions as a mini-trial. To an observer in the courtroom, it would be indistinguishable from a trial. If you’re curious about what your temporary orders hearing might entail, be sure to return here tomorrow.

Questions about family law cases in Texas? Contact the Law Office of Bryan Fagan

The attorneys at the Law Office of Bryan Fagan are honored to serve the community in which we work and live. For us, learning about you and your needs is the basis for developing a strong attorney-client relationship. We hope that you have learned something from our blog post today and always encourage questions and suggestions about the topics we discuss here.

If you have any questions or need clarification on anything you read today please do not hesitate to contact our office. We offer free of charge consultations here in our office six days a week. These consultations are a great opportunity for you to learn more about your case and to have your questions answered in a comfortable environment. We look forward to meeting with you and serving your needs along with those of your family.

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Other Articles you may be interested in:

1. How to Draft and File an Answer to a Texas Divorce – Free Downloadable Forms
2. Waivers – To sign or not to sign? The answer is don’t do it!
3. 6 things You Need to Know Before You File for Divorce in Texas
4. I Want a Texas Divorce but My Husband Doesn’t: What can I do?
5. Am I Married? – Marital Status in Texas
6. Can I sue my spouse’s mistress in Texas?
7. 6 Tips – On How to prepare for a Texas Divorce
8. Roadmap of Basic Divorce Procedure in Texas
9. Child Custody Basics in Texas
10. 6 Mistakes that can Destroy Your Texas Divorce Case
11. 10 Quick Tips About Parental Visitation
12. Does it Matter who Files First in a Texas Divorce?

Frequently Asked Questions

Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyer

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Spring, TX Divorce Lawyer right away to protect your rights.

Our divorce lawyer in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

Bryan Joseph Fagan( Attorney )

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.