Whether you expected your spouse to file for divorce or the news came as a shock, one fact is clear: You’re now involved in a divorce proceeding.

It’s important to speak to an experienced Austin divorce lawyer as soon as possible once you receive divorce paperwork. It’s also important to understand the basics of the situation when your spouse files for divorce.

The Parties in a Texas Divorce

Texas law refers to the parties in a divorce as the “petitioner” and the “respondent.” The “petitioner” is the spouse that starts the divorce process by filing a petition for divorce with the court. The other spouse becomes the “respondent.”

There is no direct legal benefit to being either the petitioner or the respondent in a Texas divorce. Some people find an emotional benefit in being the one who initiates the divorce or who receives the paperwork, however. If you’re considering divorce but neither you nor your spouse has filed, an attorney can help you decide whether you should file or wait to do so.

What It Means to Be “Served” With Divorce Paperwork – and What You Should Do Next

If you and your spouse agree on the divorce and work together to file, service may not be necessary. If your spouse decided to file for divorce on their own, however, the first news you may have of the filing is when you receive “service” of the paperwork.

When you’re served, you’ll receive two documents: A copy of the petition for divorce and a form called a “citation.” The citation is an official notice from the court informing you that the petition has been filed.

Service is a specific legal process. There are several ways to be served with divorce paperwork, including:

• In-person by a constable, sheriff, or a private process server.
• By certified or registered mail, which will require you to sign the return receipt.
• By posting or publication. If your spouse cannot find you any other way, they can post the citation at the courthouse, in a newspaper, or on the state’s website for citation by publication.
• Another method if the judge approves. For instance, a judge may allow the process to be sent to you by ordinary mail or left with another person in your household if that person is over the age of 16.

Regardless of how you receive service, the first step is to read the paperwork carefully. Examine what orders, if any, your spouse is asking the judge to make. If any hearings are scheduled, place the dates on your calendar.

When you’re served with divorce paperwork, you also face a deadline to file an answer. If you don’t file an answer in time, your spouse may be able to complete the divorce process without your input. Talk to an experienced Austin divorce lawyer right away. Your attorney can help ensure your answer is filed on time and contains all the necessary information.

If you don’t want to be served with divorce papers, you can file an answer voluntarily. In this instance, your answer will need to note that you received a copy of the divorce petition. Talk to an attorney for help in filing an answer in order to avoid service.

Do I Need a Lawyer?

Texas law allows residents to file a petition for divorce or respond to a petition without a lawyer. A divorce case, however, impacts every area of your life, from your home and savings to your relationships with your children. An experienced lawyer offers the legal knowledge and support you need to navigate the process without making costly and perhaps permanent mistakes.

A lawyer’s help is especially important if:

• Your spouse has a lawyer on their side. If your spouse is receiving experienced legal advice, you’re at a disadvantage unless you’re also receiving advice from your own lawyer.
• Your case is contested. If you and your spouse disagree on any aspect of the split – like how to divide the house or debts or how to share parenting time – an attorney can protect your legal rights.
• You and your spouse have considerable assets, debts, or both. High net-worth couples and those with considerable debt may need experienced help to reach an equitable property distribution agreement.
• You fear for your safety or the safety of your children. Your lawyer can help ensure you get the protection you need as the divorce proceeds.

If you’re considering divorce or your spouse has asked for a divorce, don’t wait: Talk to the experienced Austin, Texas legal team at the Law Office of Jason Wright. We’ll help you understand your legal options and take the next steps to build a promising future for yourself and your family. Contact us today to schedule a free, confidential consultation.