My Spouse Filed for Divorce-- Now What?

If you have recently been served with divorce papers, or your spouse has presented you with an Original Petition for Divorce you may be wondering what you need to do next. First, take a deep breath. The fact that your spouse has filed an Original Petition for Divorce first likely does not put you at some great disadvantage. In a large majority of Divorce cases the fact that one spouse filed first is not incredibly important. It does mean that if you and your spouse had been considering a divorce, that your spouse has made their decision.

There is an appropriate response to an Original Petition for Divorce that effectively puts you on equal footing with your spouse who has just filed against you. The response is a document named a "Counterpetition for Divorce". This document can be filed in addition to an Original Answer.

As you may now know the Original Petition for Divorce contains certain information such as the Grounds for Divorce. In many cases the grounds for divorce is a no-fault ground or "insupportability". In other cases your spouse may be alleging any number of fault based grounds, such as adultery or cruelty. If the Original Petition for Divorce alleges that you have committed adultery you should strongly consider contacting an attorney as your spouse may be seeking a disproportionate division of your community estate. In other words, she/he may want a majority of the property you two own together. In order to protect your assets it is important that you respond appropriately, and in a timely manner.

If you have specific questions about Divorce or if you have been served with an Original Petition for Divorce, contact our office today to speak with an Austin divorce lawyer who can help.