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An Introduction to the Divorce
Process in Dallas Texas
Separation
Filing for Divorce
Temporary Divorce Orders
Conducting Divorce Discovery
Mediation and Settlement
in the Divorce Process
Collaborative Representation
in the Divorce Process
Divorce Trials In Dallas
Decree of Divorce
Appellate Process in
the Dallas District
Divorce Modification
Paternity
Adoption
Grandparent Access
Child Protective Services
Abuse
Divorcing a US Military
Service Person
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Filing For Divorce
Petition for Divorce
Filing for Divorce
Citation and Service
Standing Order
The filing of the petition for divorce legally begins the
divorce. It is the document that asks the Court to legally
dissolve your marriage. This document will be served on your
spouse to tell them they are being divorced regardless of
whether or not they want to be. If your divorce is
uncontested, your spouse may be willing to waive service to
save the cost, and embarrassment, of having a private
process server go to their office or home and physically
hand them a copy of the petition and citation. After being
served, if your spouse doesn't file an answer to your
petition, your spouse will be in default and may have waived
their right to be present at trial and to put on evidence.
In a default, after hearing only one side of the story, the
Court will make its ruling.
You can file a petition for divorce on your own if you know
the correct form and procedure for filing it. Typically
however, the judges and clerks frown on people representing
themselves because you are expected to know all the correct
legal procedures and follow the rules without their
assistance.
If you and your spouse can agree on every issue, and have
little or no property, reside in Dallas or Collin County,
and just need an attorney to draft and file the petition and
decree of divorce, and conduct a "prove-up", we typically
complete uncontested divorces for $750.00 plus filing fee if
no kids are involved, or $1000.00 plus filing fee if kids
are involved.
An action for divorce, like all civil actions, is commenced
by filing a petition with the clerk of the appropriate
court. The petition must contain a statement, in plain and
concise language, of the petitioner's cause of action and
claims for relief. A commonly neglected requirement is that
the allegations of the grounds for relief must be stated
substantially in the language of the statute and without a
detailed statement of evidentiary facts. Often those
drafting the petition chronicle pages of events leading up
to the divorce, often to the displeasure of the Court.
Similarly, the contents of each paragraph should be limited,
to the extent practicable, to a statement of a single set of
circumstances.
The action for dissolution of marriage is commenced by the
filing of the original petition with the District Clerks
Office of the appropriate county and payment of the required
filing fees. Once the case is filed-stamped it will
be assigned a number and a court. If your divorce is filed
in Dallas County, it will be assigned to one of seven Family
District Courts. If your divorce is filed in Collin County,
it will be assigned to a general jurisdiction court. A
general jurisdiction court is one that hears criminal and
business matters also.
When an original petition in a dissolution suit is filed,
citation may be issued and served as in other civil cases.
The purpose of citation is to give a party notice that the
party has been sued and afford that party an opportunity to
protect his or her interests. Service of citation also
perfects the court's jurisdiction over the person and
property of a party who is a resident of Texas or who is
subject to jurisdiction of Texas under the ``long-arm''
statute. No unagreed judgment may be rendered against a
party except on service of process, unless the party has
accepted or waived service or has entered a general
appearance. Toward that end, a true copy of every pleading,
plea, motion, or application to the court for an order,
unless presented during a hearing or trial, must be filed
with the clerk in writing and served on all other parties.
The basic methods of serving citation are:
- Personal service by delivery of the citation and
accompanying papers to the respondent by a person
authorized to serve citation.
- Service by mailing a copy of the citation and the
petition to the respondent by registered or certified
mail, return receipt requested.
- Service of the citation and petition on some other
person authorized by law to receive service on behalf of
the respondent pursuant to a Court order.
- Publication of the citation in a newspaper when the
respondent's whereabouts are unknown.
If you file your divorce in Dallas County, you will
immediately be subject to a "standing order". The
standing order has been adopted by all seven Family District
Courts. The standing order is in place to protect persons
and property during the divorce process. A violation
of the standing order may result in contempt proceedings
being brought against the offending party.
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