In order to initiate a divorce, the party seeking a divorce must file a petition with the District Court of the country where either party lives. The party filing for divorce must five the other party legal notice of the filing – commonly referred to as “being served.” The party who files is called the “petitioner,” and the other party is called the “respondent.”

In order to avoid a default judgment, the respondent must file an answer within 21 days. If he or she does not, the case can proceed without their involvement. As a respondent, it is usually advisable to avoid a default judgment. The reason for this is that you would be giving up the chance to assert your legal rights.

These include matters such as:

• Alimony
• Child custody
• Child support
• Division of property

For this reason, a default judgment often results in a less-than-desirable outcome for the party against whom the judgment is being asserted. As a result, if you have been served with divorce papers, you should speak to our team at The Vendt Law Firm, P.L.L.C. immediately.

Yes—you are not required to prove fault to get a divorce in Texas. However, if there is fault in the case, a spouse may list fault as a contributing factor in decisions of alimony or child custody

The court determines child custody by pursuing what is in the best interests of the child. This may include factors such as each parent’s financial and emotional stability, their individual relationship with the child, the presence of any substance abuse issues, and more. Depending on the age and maturity of the child, courts may also take the child’s wishes into account when making the final decision.

Yes—issues regarding the division of your marital assets are determined according to Texas law on community property. A court in Texas will conduct a “just and right” division of community property upon divorce. All property a married couple acquired while married qualifies as community property subject to a just and right division by the courts in a divorce case.

Yes and no—only a court may grant a legally recognized divorce. However, you and your spouse do not have to go through court proceedings to resolve critical issues related to your divorce. You and your spouse can enter into a private settlement agreement to establish the exact terms of your divorce without going to court. When you reach a settlement, you must provide the court with a copy of the settlement and its terms. If there are no legal problems with the agreement, the court will base its divorce orders on the terms of your settlement agreement.

Texas law regarding alimony and spousal support is complicated. Courts are prohibited from ordering, modifying, or enforcing permanent alimony obligations in Texas. A person’s legal duty to provide financial support for their spouse ends upon divorce. However, Texas recognizes the validity of what is known as “spousal maintenance.” It is highly recommended that you consult an experienced attorney to help you understand the nature and extent of your rights and responsibilities regarding spousal support in Texas.