Served Divorce Papers? Here’s What to Do Next.

Being served divorce papers can be an overwhelming and emotionally charged experience. For decades, our lawyers have helped individuals in Fort Worth and throughout Tarrant County through this difficult process. While every situation is unique, some key steps and considerations apply in most cases when responding to a divorce petition. This comprehensive guide will walk you through the process and provide practical advice on protecting your interests and navigating this challenging time.

Don’t Panic – Take a Deep Breath

The moment you’re handed divorce papers, it can feel like the ground is falling out from under you, even if you knew it was coming. The natural response is often panic, anger, or despair. However, it’s crucial to stay as calm and level-headed as possible. Remember, being served means the legal process is beginning – it doesn’t determine the outcome.

Take a deep breath, and know you have time to respond thoughtfully with the guidance of an experienced divorce lawyer.

Read the Petition Carefully

Once you’ve collected yourself, sit down and read through the divorce petition in its entirety. Pay close attention to:

• The grounds for divorce cited. In Texas, most divorces cite insupportability rather than a more specific basis.
• Any temporary orders requested;
• Child custody and support proposals;
• Division of assets and debts;
• Spousal support requests; and
• Deadlines for responding.

Make notes of anything you disagree with or find concerning. This will help you discuss the petition more effectively with your attorney.

Be Mindful of Deadlines After Being Served Divorce Papers

In Texas, you generally have 20 days from the date you were served to file a response with the court. This is called your “Answer.” While you may be able to get an extension in some cases, it’s best not to delay. Missing this deadline could result in a default judgment against you, meaning your spouse could be granted everything they’ve requested in the petition.

Contact an Experienced Family Lawyer

Remember that the next steps, including gathering documents and formulating the best responses and getting ready for a preliminary hearing and temporary orders all need to be done with the assistance of an experienced family lawyer. This is the best time to reach out for a consultation and hire an attorney to be your advocate and advisor.

An experienced divorce attorney can:

• Explain your rights and options
• Help you understand the likely outcomes of various approaches
• Ensure your response is properly filed and legally sound
• Negotiate on your behalf with your spouse’s attorney
• Represent you in court if necessary

When choosing an attorney, look for someone with extensive experience in family law, a track record of success, and a communication style that makes you feel comfortable and heard.

Secure Important Documents

As soon as possible, gather and secure important financial and personal documents. This includes:

• Tax returns
• Bank statements
• Investment account information
• Retirement account statements
• Mortgage documents
• Vehicle titles
• Life insurance policies
• Social Security statements
• Birth certificates and marriage license

Having these documents readily available will be crucial for your attorney and protecting your interests as the divorce proceeds. The more of this you have together before your consultation, the better. But this is where you should start immediately after hiring an attorney if you have not already gathered this information. Depending on several factors, the attorney will also tell you what other information you may need to gather.

Decide on Your Approach

Based on the circumstances of your marriage and divorce, as well as your goals, you and your attorney will need to decide on an overall approach to your response. This could range from an amicable, cooperative stance focused on mediation and negotiation, to a more aggressive posture if your spouse is being unreasonable or if there are serious disputes over child custody or significant assets. Our deep bench makes it possible for us to pair you with just the right attorney for your needs.

Filing an Answer

Your formal response to the divorce petition is called an Answer. This document should address each point raised in the petition, either admitting, denying, or stating that you lack sufficient information to admit or deny each claim. Your Answer may also include:

• Counterclaims if you disagree with aspects of the petition
• Affirmative defenses if applicable
• Requests for temporary orders if needed

Your attorney will draft this document, but it’s important that you review it carefully and ensure it accurately reflects your position.

Consider Temporary Orders

Temporary orders can address crucial issues while the divorce is pending, such as:

• Who will live in the family home
• Temporary child custody and visitation schedules
• Temporary child support or spousal support
• Who will pay which bills
• Restrictions on selling or transferring assets

If your spouse has requested temporary orders, you’ll need to respond to these. If they haven’t, you may want to request them yourself. These orders can provide stability and protect your interests during the divorce process.

Prepare Financial Disclosures

In most divorces, both parties are required to provide detailed financial disclosures. This typically includes a sworn inventory and appraisement listing all assets and debts, along with supporting documentation. Be thorough and honest in these disclosures. Hiding assets or providing false information can severely damage your case and may result in penalties from the court.

Develop a Parenting Plan

If you have children, one of the most critical aspects of your divorce will be determining custody and visitation arrangements. Start thinking about what kind of parenting plan would be in your children’s best interests. Consider factors like:

• Each parent’s work schedule
• The children’s school and extracurricular activities
• Each parent’s ability to care for the children
• The children’s relationships with extended family members
• Any special needs the children may have

Remember, Texas courts prioritize the best interests of the child above all else when making custody decisions.

Mediation

Many Texas courts require couples to attempt mediation before taking their divorce to trial. Even if it’s not required, mediation can be a valuable tool for resolving disputes and reaching agreements on various aspects of your divorce. It’s often less costly and time-consuming than litigation, and it gives you more control over the outcome. Discuss with your attorney whether mediation might be appropriate in your case.

Protect Your Privacy

Be cautious about what you share on social media or with friends and family regarding your divorce. Anything you say or post could potentially be used against you in court. It’s generally best to limit discussions about your divorce to your attorney and perhaps a trusted therapist or counselor.

Take Care of Yourself

Divorce is one of life’s most stressful experiences. While it’s important to focus on the legal aspects, don’t neglect your physical and emotional health. Consider seeing a therapist to help process your emotions. Maintain healthy habits like regular exercise, a balanced diet, and adequate sleep. Lean on your support network of friends and family. Taking care of yourself will help you make better decisions and cope with the challenges ahead.

Be Prepared for Negotiations

As your case progresses, there will likely be negotiations with your spouse’s attorney over various issues. Be prepared to prioritize what’s most important to you and where you might be willing to compromise. Your attorney can guide you on what’s reasonable to expect based on Texas law and the specific circumstances of your case.

Consider the Long-Term Impact

When making decisions during your divorce, try to think beyond the immediate future. Consider how choices about property division, spousal support, or custody arrangements might affect you 5, 10, or 20 years down the road. This long-term perspective can help you make more informed decisions.

Be Realistic About Outcomes

It’s rare for either party to get everything they want in a divorce. Texas is a community property state, which generally means a 50/50 split of marital assets, though there can be exceptions. Child custody is typically shared unless there are compelling reasons for one parent to have sole custody. Understanding these realities can help you set realistic expectations and focus your energy on achievable goals.

Keep Communication Professional

If you need to communicate with your spouse during the divorce process, keep it businesslike and focused on necessary issues, especially if you have children together. Avoid rehashing old arguments or making accusations. If direct communication is difficult, consider using a co-parenting app or communicating through your attorneys.

Be Prepared for Court

While many divorces are settled out of court, you should be prepared for the possibility of a trial. This might involve:

• Giving depositions
• Responding to discovery requests
• Preparing exhibits and witness lists
• Testifying in court

Your attorney will guide you through this process and help you prepare thoroughly if a trial becomes necessary.

Consider the Tax Implications

Divorce can have significant tax consequences, particularly regarding property division, spousal support, and child-related tax benefits. Consult with a tax professional or ask your attorney to bring in a tax expert to ensure you understand the tax implications of various settlement options.

Plan for Your Post-Divorce Life

As your divorce progresses, start thinking about and planning for your life after divorce. This might involve:

• Creating a new budget based on your changed financial situation
• Finding new housing if necessary
• Updating your estate plan and beneficiary designations
• Considering career changes or additional education
• Developing new routines and traditions, especially if you have children

Conclusion

Responding to divorce papers is just the beginning of what can be a complex and emotionally challenging process. By taking a thoughtful, strategic approach and working with an experienced divorce attorney, you can protect your rights and interests while working towards the best possible outcome for yourself and your children. Remember, while divorce marks the end of a marriage, it’s also the beginning of a new chapter in your life. With proper preparation and support, you can navigate this transition and emerge stronger on the other side.

If you have been served divorce papers, the legal team at Varghese Summersett can help you through this difficult time. Call 817-203-2220 to schedule a free consultation with an experienced divorce attorney. We serve clients in North Texas and have offices in Fort Worth and Southlake.