For most, getting served divorce papers is a dreadful and unnerving feeling. Many are anticipating the possibility of being served perhaps through conversations with their spouse, and then there are some who are completely taken off guard by the whole experience. Either way, what we have experienced is that nearly every one of our clients who was served divorce papers prior to meeting with us, who had not previously been through a family law case, were completely lost as to what to do next. They were scared, unsure of the unexpected, and just didn’t know what to do next. In this article, we are going to explain to you exactly what you should do if you’ve been served divorce papers. We will also go over what you should NOT do.
Basic Terminology
First, here is some basic terminology that we will be using in this article which could help you read through this more easily. There is the “Petitioner” who is the person filing the “Petition for Divorce” (a document filed with the court requesting a divorce be granted). Then there is the “Respondent”, who is the person receiving the Petition for Divorce. A Process Server is someone hired to serve the documents. A Temporary Restraining Order (TRO) is an order preventing a party from an act of doing something harmful to the other party, property, children, etc.. A Waiver of Service is a document the Respondent will sign stating there is no reason for them to be served by a process server, and that they have received the documents.
Various Ways A Person Can Be Served
There are different ways a person can be served. If they are on speaking terms with their spouse, sometimes the spouse filing will give the divorce papers to their husband or wife, along with a waiver of service to sign, meaning that both parties agree that service is not going to be required. This is not agreeing to anything else but the fact they have received the Original Petition for Divorce. (It is still a good idea to speak with an attorney before signing anything.) But generally, more times than not, a spouse is served these papers by someone called a process server. In most cases, the process server will contact the person being served prior to delivering the documents to make arrangements to meet and give the documents to the Respondent. But if the process server is unsuccessful in reaching the party, then they will start going to all means necessary to serve them. Examples could include going to their place of employment, a family member’s house, or anywhere the Respondent may be found.
Once you are served documents either by your spouse or by a process server, the very first thing you should do is to review the documents immediately and thoroughly. Be sure to look for important dates, such as the date for the Respondent to file what is called a Respondent’s Original Answer. This is to be submitted no later than the date listed on the Original Petition for Divorce. Missing the date to file your answer, could cost you the entire case. At this point, the judge can grant the Petitioner the divorce along with everything the Petitioner requested in his or her petition, including but not limited to the divorce, child support, custody, division of property and assets, and more. We cannot stress enough how important it is to review all documentation carefully and thoroughly and to abide by the due dates.
Temporary Restraining Order (TRO)
Sometimes in a Texas Divorce, an order included in these documents is what’s called a TRO (Temporary Restraining Order). It has become almost standard practice for TRO’s to be served along with The Original Petition for Divorce. A Temporary Restraining Order is NOT the same thing as a Protective Order. If you ever feel you are in danger, call 911 or the police, right away. A Temporary Restraining Order prohibits one or both of the parties from taking money (apart from basic living expenses) from bank accounts or “draining” the accounts, harming the other party, and/or harming property. In a suit for divorce, a TRO can protect the requesting party or preserve property for the 14 days from the date the TRO is signed by the judge. In a custody suit, a party can request a TRO to protect the child’s safety and welfare. The Temporary Restraining Order is good for 14 days from the date the judge signs the order and is generally used until Temporary Orders can be put in place. For Texas divorce and child custody matters, Family Code §§ 6.501 and 105.001 govern temporary restraining orders. Temporary Orders are a set of orders that each party is required to abide by until the case is resolved with Final Orders.
The very next step you should take is to speak with a qualified and experienced attorney to review the Petition. The attorney will review thoroughly, explain exactly what your spouse is asking for, and the attorney will guide you on the process, and let you know what next steps you should take. If you received divorce papers and are too scared about the cost of divorce, do not just ignore or neglect the documents you were served. There are many attorneys who offer a free consultation and some who offer payment plans and/or payment arrangements. Taking advantage of a free consultation is great for learning your rights, learning your options, and figuring out your next steps. This also gives you an opportunity to learn about the attorney, their experience with divorce, and how they can help you reach an outcome you can be happy with.
The Law Office of Chad Zubi, PLLC fights for our clients…we fight for YOU! Our law firm offers free consultations for divorce and other family law cases. We also offer various payment plans and options to help make this process a little easier for you. The very best thing you can do for your case is to learn your rights, your options, and develop a plan of action. In your consultation with our dedicated and experienced attorney, you can expect to get answers to your questions and leave the office feeling confident about your next steps in the process. If you would like to discuss your divorce case with our experienced attorney, give us a call at 832-777-8924 or simply book your free consultation with us, today by clicking here.
