File Your Suit As your legal representative, I will explain all the details and specifics, which will include jurisdiction, and the decisions that could influence your case. Rather than being in the dark about your own personal situation, contact me today and have the information available to you right from the start so that you can keep from making irreversible decisions that could negatively affect custody and visitation rights as well as responsibility for division of debts and assets.
The legal process involved in a filing to end a marriage begins when a divorce attorney prepares a petition, and then files the petition with the clerk of the court. Cases are filed and heard in the state’s district or family court and each petition for divorce must be prepared according to specific legal requirements. That means the petition must include precise allegations and claims concerning the parties involved, as well as the residence of each party, and the number of children involved. If you are the one filing the petition, you are recognized as the “Petitioner.” The spouse being served is the “Respondent.” If on the other hand you and your spouse file for divorce together, then you are “Co-petitioners.” Once your papers are prepared, the divorce suit is served on the Respondent. In some states, it may be necessary to have a Sheriff serve the divorce petition, while at other times a process server is hired to serve the papers. There are also situations when it is acceptable to have the papers served via certified mail. Should a Respondent not be easily accessible, special options are available to make sure the process is completed.
Sec. 6.401. CAPTION. (a) Pleadings in a suit shall be styled “In the Matter of the Marriage of __________ and __________.” (b) Pleadings in a suit to declare a marriage void shall be styled “A Suit To Declare Void the Marriage of __________ and __________.” Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 6.402. PLEADINGS. (a) A petition in a suit for dissolution of a marriage is sufficient without the necessity of specifying the underlying evidentiary facts if the petition alleges the grounds relied on substantially in the language of the statute. (b) Allegations of grounds for relief, matters of defense, or facts relied on for a temporary order that are stated in short and plain terms are not subject to special exceptions because of form or sufficiency. (c) The court shall strike an allegation of evidentiary fact from the pleadings on the motion of a party or on the court’s own motion. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 6.403. ANSWER. The respondent in a suit for dissolution of a marriage is not required to answer on oath or affirmation. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 6.4035. WAIVER OF SERVICE. (a) A party to a suit for the dissolution of a marriage may waive the issuance or service of process after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition. (b) The waiver must contain the mailing address of the party who executed the waiver. (c) The waiver must be sworn but may not be sworn before an attorney in the suit. (d) The Texas Rules of Civil Procedure do not apply to a waiver executed under this section. Added by Acts 1997, 75th Leg., ch. 614, Sec. 1, eff. Sept. 1, 1997.