{"id":20103,"date":"2024-10-09T10:10:47","date_gmt":"2024-10-09T15:10:47","guid":{"rendered":"https:\/\/gbfamilylaw.com\/?p=20103"},"modified":"2024-10-09T10:11:08","modified_gmt":"2024-10-09T15:11:08","slug":"starting-the-divorce-process-in-texas","status":"publish","type":"post","link":"https:\/\/gbfamilylaw.com\/blogs\/starting-the-divorce-process-in-texas\/","title":{"rendered":"Starting the Divorce Process in Texas: FAQs to Help You Understand How to Initiate a Divorce"},"content":{"rendered":"\n

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.<\/p>\n\n\n\n

How Do I Start a Divorce in Texas?<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

Does It Matter Who Files for Divorce First in Texas?<\/h2>\n\n\n\n

While filing first doesn’t drastically affect the outcome of your case, it may offer two key advantages:<\/p>\n\n\n\n

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  1. Presenting Your Case First:<\/strong> If your case goes to trial, the person who filed first typically presents their evidence first.<\/li>\n<\/ol>\n\n\n\n
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    1. Choosing the Venue:<\/strong> 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.<\/li>\n<\/ol>\n\n\n\n

      What Happens After I Start My Divorce?<\/h2>\n\n\n\n

      After one person starts a divorce, the other person is entitled to notice. As a part of a person\u2019s due process rights in Texas, the responding person has the right to be personally served with the initial divorce papers that were filed.<\/p>\n\n\n\n

      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.<\/p>\n\n\n\n

      How Are Divorce Papers Served in Texas?<\/h2>\n\n\n\n

      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:<\/p>\n\n\n\n