Texas divorce is started with an Original Petition for Divorce. The particulars and details on other pleadings will be specific to each divorce and the people in the divorce.
When you find yourself navigating through a divorce the first part, stage, phase or time in any divorce is what I call the pleadings stage. This is the time that the divorce is started by someone filing in a Texas court, the Original Petition for Divorce. And, the divorce is started. In a Denton County divorce, lawyers are required to attach a copy of the Denton County Standing Order Regarding Children, Property and Conduct of the Parties with the Original Petition for Divorce when we file it.
Original Petition for Divorce
The Original Petition for Divorce includes the request for the divorce, and any other requests for orders from the Court regarding the children, if there are any, and property requests including the division of the property acquired during the marriage.
Answer and Original Counterpetition for Divorce
After the Original Petition for Divorce is filed, there are several types of pleadings and documents that could and likely will be filed. The other spouse in the divorce will likely file an Original Answer and an Original Counterpetition for Divorce that will include requests that spouse has for orders and regarding the divorce.
Issues that the parties might face during the divorce can require temporary orders. These are temporary because they will not last after the divorce is finished. These temporary orders can be requested in the Original Petition for Divorce, the Original Counterpetition for Divorce or a separate pleading such as a Motion for Temporary Orders.
Rule 11 Agreement
And, any issues that the parties resolve, or the lawyers reach an agreement about can be written down informally without court intervention and filed with the court as permitted by Rule 11 of the Texas Rules of Civil Procedure. We call that a Rule 11 Agreement, the agreement parties and/or their respective lawyers sign it and it is filed with the court to evidence the agreement.
These are just a few of the pleadings that can be filed in the first stage of a Texas divorce and is for information purpose only. As always, consult an experienced lawyer regarding your divorce and questions.
Jill O’Connell, 940-497-5454