Being served divorce papers in Austin, Texas, is a stressful experience. It can also be a shocking one. Nevertheless, don’t allow the shock of receiving divorce papers to prevent you from taking action.
If you’ve been served, you need to know your next steps now. Understanding your legal rights and responsibilities can help you confidently handle your divorce.
Receiving a Petition for Divorce
In Texas, a person must have lived in Texas for at least six months to be eligible to file a petition for divorce. They may file the petition in a district court in the county where they or their spouse has lived for at least 90 days.
There are several ways you may receive notice that a petition to dissolve your marriage was filed. They include:
- Being served divorce papers by a process server
- Under Texas Law, you may receive notice through publication
- Being served divorce papers directly from your spouse or other such individual
Waiving the right to be served with divorce papers is possible if you already possess a copy from your spouse. You can send a notarized letter to the court indicating your wish to waive service.
You Received Divorce Papers. Now What?
Carefully review the petition for divorce. Divorce papers may include critical information about your case, including:
- Whether there is a standing order (which is a court order that may serve as a temporary restraining order)
- Information about the court handling your divorce
- The date your spouse filed a petition for divorce
- Contact information for your spouse’s divorce attorney if they’ve hired one
- Information about when and how to file a response
- Information about what might happen if you don’t respond to the petition
The petition for divorce may also include information about your responsibilities. For example, the court may require that you disclose all assets. Review the document carefully to understand your obligations.
What Happens if You Don’t Respond to Being Served Divorce Papers?
You have the right to respond to a divorce petition. Doing so in a timely manner is important.If the person served with the divorce petition fails to respond, the divorce case can still proceed. If you don’t file an answer with the court, you won’t be able to have a say in such matters as:
- Child custody
- Debts
- Division of assets and debts
How Long After Being Served Divorce Papers Do You Have to Respond?
Filing an answer to the petition for divorce will guard against your spouse receiving a default judgment in their favor. In Texas, you can determine when your response is due by taking these steps:
- Find the date you received a petition for divorce
- Count 20 days from the date you received the petition
- Find the next Monday
You must file your answer to the petition by 10:00 AM that Monday. However, the courts may be closed on that day. If so, your answer is due the next day the courts are open.
What Happens After Responding to Divorce Papers in Texas?
The process may now involve the following steps:
- Discovery – Discovery in a Texas divorce case is the phase in which both parties share information that may be relevant. For example, you and your spouse may need to provide information about your finances.
- Mediation – A court may encourage you and your spouse to participate in mediation. This is a process in which a neutral third party helps you address issues that you may disagree about.
- Trial – You and your spouse may struggle to arrive at a fair settlement. If this happens, you can present your case to the court. The court will then make determinations regarding such matters as division of assets, child custody, etc.
Negotiating for a fair settlement is often ideal. Doing so allows you to exercise more control over its terms. However, if you and your spouse can’t reach an agreement, a Texas family law judge will have to make critical decisions for you.
If I Am Served Divorce Papers, Do I Have to Sign Them?
You don’t have to sign anything when you’re served divorce papers. However, don’t assume this means the divorce won’t proceed if you don’t sign. The divorce can proceed as long as you receive the divorce papers properly.
Can You Get a Divorce Without the Other Person Signing the Papers?
Yes. Your spouse doesn’t need to sign anything for you to get a divorce. In nearly all situations in Texas, a judge will approve a divorce when at least one spouse is of the belief that the marriage is beyond reconciliation.
How to Find Out if Someone is Trying to Serve You Papers in Texas
Do you suspect your spouse is trying to serve you divorce papers? If so, determine what court they would have to file a petition for divorce in.
Furthermore, you can contact the District Clerk’s office of the relevant county to inquire if they have any papers that should be served to you. It’s possible that a divorce was filed but not served. Depending on the office’s policies and legal requirements, you may need to provide proof of your identity to learn more.
Divorce in Texas Paperwork: Important Information
Only one “official” divorce form exists in Texas. It’s a form a person can file in an uncontested divorce that doesn’t involve minor children or real property.
Additionally, there are other forms you may use in a divorce. While they may not be official, they can assist with various legal processes.
Contact an Austin, TX, Family Law Attorney
Securing proper legal assistance is wise after receiving divorce papers. You’ll have a better chance of protecting your rights with a qualified advocate on your side.
That’s exactly what you’ll find at Smith Family Law. During a consultation, our team of attorneys in Austin, TX, will gladly answer your questions about everything from divorce to our attorney fees. Learn more by contacting us online or calling us at (512) 277-3166 for a free case review.
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