Skip to main content

What to Expect When Filing for a Divorce in Texas

By June 2, 2023April 2nd, 2024No Comments

Filing for divorce in Texas can take a significant toll on you and your family. Not only will you be financially hit, but it is going to be emotionally brutal as well. Divorce proceedings are like any other lawsuit. It is generally adversarial. In divorce cases, you must sue for divorce. Here is what to expect when filing for a divorce.

A divorce proceeding commences by way of a petition. The Petition for Divorce serves two purposes. The first one is to give notice to the party. The second is to guide the judge for purposes of admitting evidence, and when needed, the process of charging the jury.

The pleadings in a divorce proceeding must contain all the facts and support a cause of action. It must also state each party’s capacity and the residence of the spouses to establish venue and jurisdiction. Once done, the original pleading is then filed with the court clerk, and copies of the Petition are date stamped.

Facts to Know about filing a divorce in Texas

There are a couple of essential facts you need to remember. Whenever someone files for a divorce, they are referred to as the Petitioner and the opposing spouse is called the Respondent or the Defendant. One of the most fundamental processes is giving notice to the respondent or defendant and ensuring that they are given a reasonable time to appear or take the necessary action.

For the judgment to be rendered in Texas, it must have the following, first, an appearance usually by way of an answer. Second, a waiver of citation, and third, a good service directly to the defendant, which may be served by a constable, sheriff, or any person authorized by law. Take note that if you are the defendant, you must appear by “Filing a written answer” by 10:00 A.M. of the Monday next, following the expiration of 20 days from the date the defendant was served with the citation.

Do You Need an Attorney?

Filing for divorce can involve complex issues. So, it’s highly recommended that you retain a family law attorney to protect your interests. If you want an experienced family law attorney on your side, then give us a call at 979-846-4090. 

Skip to content