Skip to main content

Beginning the Divorce Process

Posted by attorney John Zinda
Filed under: Divorce

If you and your spouse have recently made the decision to enter into a divorce agreement, then you likely have many questions. You may be unsure of what lies ahead of you, but there are many valuable resources available to you. One of the best ways to keep yourself informed during this process is by obtaining the help of a family lawyer. This is one of the first things you should consider doing upon receiving a petition for divorce or filing one.

Each state has different rules and regulations when it comes to the divorce process, so be sure to keep yourself in the loop. The individual petitioning for divorce will have to file what is known as an “Original Petition for Divorce" and file it with according to whatever county of residence. Those individuals who have not been a resident of that county for at least six months may have to file this petition elsewhere. When the petitioner successfully files this document, it will be served to the receiving party. Most states here allow a waiting period for the receiving party to respond.

Some states will require couples to attend mandatory marriage counseling before they are able to enter into a divorce. Different states will call this by a different name, but basically, it will involve a number of predetermined sessions to go over the process of divorce, how a divorce affects the family dynamic and related issues.

There may be “waiting games" that bring up pertinent issues for both spouses. One issue that can occur during the process of divorce, but before the divorce is finished, is housing. One spouse may be attempting to kick the other out of the house, or forbid them from seeing the children. These are the types of issues that commonly arise before a divorce is complete. For this reason, individuals may be able to seek temporary action regarding housing arrangements, custody, alimony and more.

Talk to an attorney about temporary orders. They can advise you on what scenarios might constitute a temporary order as well as what these orders could do. Both spouses actions during the divorce process carry just as much weight as actions preceding the divorce, which is why both parties must proceed with extreme caution. If you are just beginning the process of divorce, it might be a good idea to discuss with your attorney and your spouse what options would work best for you. This is the time where you are laying the groundwork for what your future will look like.

Additional resources provided by the author

Zinda & Davis, PLLC is a divorce and family law firm that serves Austin and the surrounding communities in Texas. Contact the firm via phone or their website to learn more about divorce or other family legal services. For years, the firm has been assisting individuals just like you with compassion, skill and care.

Author of this guide:

Was this guide helpful?

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer