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Specialty tag(s): Pre-Divorce Guidance, Divorce

Starting the Divorce Process in Texas: FAQs to Help You Understand How to Initiate a Divorce

Emily J. Ogden | October 9, 2024

The first step to getting a divorce in Texas is often forgotten, and yet often the hardest. It is one no lawyer can help you with. That step is making the decision to get a divorce. Once that is decided, the next step in the process of starting a divorce in Texas is to initiate divorce proceedings.

How Do I Start a Divorce in Texas?

From a legal perspective, a divorce or a custody suit is a civil lawsuit between the two parties that are separating. In order to begin a civil court case, you must file a document with the Court. In Texas, we call this document a Petition. In very general terms, it tells the Court who the parties are and what you are asking for at the end of your case. The Petition can be amended as the suit develops over time.

Does It Matter Who Files for Divorce First in Texas?

While filing first doesn’t drastically affect the outcome of your case, it may offer two key advantages:

1. Presenting Your Case First: If your case goes to trial, the person who filed first typically presents their evidence first.

2. Choosing the Venue: The person who files first may have the option to choose the venue, often allowing them to choose their county of residence or of convenience rather than the other party’s. If you have been served with a Petition and believe that your case could be heard in a better venue, it is important to consult an attorney before filing any documents in your case, as you may waive your right to request a change.

What Happens After I Start My Divorce?

After one person starts a divorce, the other person is entitled to notice. As a part of a person’s due process rights in Texas, the responding person has the right to be personally served with the initial divorce papers that were filed.

Depending on your particular county, one additional thing that may happen after filing is a Standing Order may go into effect. This is a set of Court Orders that the judges in your venue decide to apply to every single divorce or custody case in their county. The Orders often tell the parties to maintain status quo regarding property and children and not make any drastic changes to these things without permission from the other party or the Court. Moving money or children is often an example of a violation of the Standing Order. Not all counties have a standing order, and they are all different. You should carefully read any Standing Order that is attached to the Petition for Divorce.

How Are Divorce Papers Served in Texas?

Serving divorce papers is a crucial step in the process and can be done in several ways to ensure that all parties are properly notified. Methods of service include:

• Personal Service: Personal service is when a 3^rd party, such as a constable or a private process server, hand-delivers the documents to the responding party. The interaction often looks like a constable or plain-clothes person coming to your door, knocking, and handing you the pieces of paper, including the Petition.
• Alternative or Substitute Service: These are alternative methods if personal service is exceedingly difficult, such as when your spouse is avoiding service or their whereabouts are unknown.
• Waiver of Service: In an amicable situation, your spouse may agree to execute a Waiver of Service rather than be personally served. A traditional Waiver of Service does not waive any rights except for the due process right to be personally served with the papers.

The law wants to ensure that the person who did not start the divorce suit has notice that it is going on. Service is necessary to prove that person has been notified and given the chance to participate in the divorce process. Service is always necessary, unless the responding party decides to execute a Waiver that waives their right to be served, or they otherwise make an appearance in the case, such as filing their own document with the Court.

What if I Can’t Serve My Spouse?

A Court takes notice requirements very seriously. You must demonstrate a good-faith effort to find and/or serve your spouse. If you believe your spouse is avoiding service or otherwise unable to be found, you can request the Court allow alternative or substitute means of providing your former partner with notice. These alternative means could include posting the papers on home or work address doors, in a newspaper, or outside the Courthouse, sending the documents via email, social media or text message, or personally serving known contacts. The Court will take the particular circumstances of your situation into consideration when deciding what will count as sufficient notice.

What Happens After the Responding Party is Served?

After your spouse is served, they must file an Answer. An Answer is how the responding party enters the case to notify the Court that they intend to participate in the proceedings, and to receive notice of hearings and the like during the process. The Answer is due at 10:00 a.m. on the following Monday, 20 days after the date of service. This is calculated by starting on the day the papers are served, counting 20 days out, and then the very next Monday after those 20 days, it is due at 10:00 a.m. If you count to 20 and it falls on a Monday, the Answer is not due until the following Monday at 10:00 a.m.

Take Care of Yourself and Pay Mind to Deadlines.

Initiating a divorce is a significant and emotional decision. Once it is time to start this process, it is important to remember it is the beginning of a lawsuit with strict procedural requirements. Whether you are filing the Petition or you have been served, as you navigate the beginning of this process, it is important to pay close attention to any deadlines, paperwork, and notices that you receive. Finally, remember to take care and be kind to yourself as you move toward the next chapter of your life.

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