Being served with divorce papers is a jarring and emotional experience. You likely feel overwhelmed and unsure what to do next. Do not panic. You must act fast but with a clear plan.
An experienced Texas divorce attorney can help you understand the legal steps and protect your interests by guiding you through the process and helping you take control of your future.
Take a moment
First, take a deep breath. You may feel angry, sad or possibly relieved. Whatever your emotions are, take a moment to process them. Avoid lashing out at your spouse or posting about it on social media. A clear mind is essential for making sound decisions. Talk to a trusted friend or family member for support and encouragement.
Seek representation promptly
You have a deadline to respond to the divorce petition. In Texas, you must file an answer with the court by the first Monday after 20 days of being served. Your attorney can help you understand the specific terms of the petition and your legal rights.
For example, Texas law includes a 60-day minimum waiting period. It also uses a community property system to divide assets. A lawyer can help you understand these complex rules and ensure the court hears your side of the story.
Read the papers and plan a response
Read the papers carefully. Note the filing date and the grounds for divorce. The documents may also include requests for child custody support or property division. Texas has both “fault” and “no-fault” grounds for divorce.
A no-fault divorce is based on “insupportability,” which means the marriage has become unworkable and irreparable. A contested divorce means you and your spouse disagree on key issues. An uncontested divorce means you agree on everything. Filing a proper answer with the court is crucial for protecting your rights.
Gather documentation
You need to retrieve important financial documents. This evidence is necessary for the court to divide community property accurately. Spouses must disclose all assets acquired during the marriage. Here are some of the key financial documents to collect:
- Bank statements
- Tax returns
- Pay stubs
- Retirement account information
The more organized you are, the more efficiently your case can move forward. Your attorney will need these documents to build a strong case for you.
Plan for child custody
If you have children, you must create a parenting plan that prioritizes your children’s best interests. It covers important topics like child support and possession orders.
You must also consider your financial situation and living arrangements after finalizing the divorce. Remember, this is an opportunity to begin a new and better chapter for your family.
Take control
Being served with divorce papers often feels like a sad ending. However, it is also a new beginning. With the assistance of a skilled and compassionate lawyer, you can take control of your new situation and set a strong foundation for your future.