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Once the Petition is filed, the opposing party may fail to answer the Petition, in which case a Default Judgment can be entered against the spouse, or he or she may Waive Citation by signing a document giving up his or her right to have the Divorce Petition served upon him or her by the Constable. 

A Waiver of Citation is usually done where it is anticipated the parties can peacefully negotiate an agreed Divorce Decree. The third alternative is that the opposing spouse may employ an attorney and file an answer to the Divorce Petition at which point the case becomes contested

The divorce action commences with the filing of a Petition for Divorce. The Petition may be either simple or complex. 

 Once the Petition is filed, the opposing party may fail to answer the Petition, in which case a Default Judgment can be entered against the spouse, or he or she may Waive Citation by signing a document giving up his or her right to have the Divorce Petition served upon him or her by the Constable.  

 The complex divorce Petition may contain an application for a temporary injunction and/or restraining order to prohibit the opposing spouse from doing certain things, such as wasting the couple’s joint assets or threatening the other spouse. 

The Petition may also ask for temporary orders regarding the support of the spouse and maintenance of the community estate pending the finalization of the divorce. 

A Waiver of Citation is usually done where it is anticipated the parties can peacefully negotiate an agreed Divorce Decree. The third alternative is that the opposing spouse may employ an attorney and file an answer to the Divorce Petition at which point the case becomes contested

You are about to undergo one of the most disagreeable and heart-wrenching experiences that you may encounter. This letter is therefore written to advise you of the steps in a divorce action and to give you some practical tips regarding your conduct during the divorce process.

Most divorce decrees, fortunately, are worked out by agreement between the parties and their counsel. Even this often requires difficult and lengthy negotiations, but it is quicker and less arduous and expensive than having the court fashion the decree. The main issues to resolve include property settlement, division of assets and liabilities and possibly maintenance for the spouse

If the parties are unable to negotiate the terms of the settlement of the divorce, either or both parties may desire to conduct discovery. 

Discovery is the legal process by which either party may learn information about the income, assets, and physical and emotional history of the other. If discovery is necessary, your spouse’s attorney may request and be entitled to review copies of your financial records and other personal records that you have accumulated over the years.

Discovery is an important part of litigation in the event your case goes to final trial. Discovery is a step further than the inventory and appraisement. If you believe that the other party isn't fully disclosing an asset or information, your attorney can serve them discovery and vice versa.

There were several different types of discovery requests, such as:

• Discovery for production,
• Requests for disclosures,
• Depositions,
• Interrogatories,
• Requests for Admissions,
• Requests for Business Valuations,
• Etc.

Typically, attorneys will start with requests for production, requests for disclosure, and interrogatories. If your attorney does not feel they have received the information needed, they will then do depositions, subpoenas, and business valuations before going into a final trial.

Remember, parties can decide to settle at any time during the divorce process to avoid going to trial.

Your testimony (called a deposition) may also be requested during discovery. If your deposition is held, you will be subjected to cross-examination by an experienced attorney. He or she will be allowed to ask you questions, many of which you may find objectionable. You, however, will generally be required to answer all questions asked and you will not be able to ask questions in

response. Your attorney will be present, and if a question is decidedly improper, your attorney will make an objection on your behalf.

 Some courts require a pretrial setting before they will give you final trial dates. This is something that typically only the attorneys attend to address the contested issues with the court and to schedule an appropriate amount of time to be sure your case is heard. 

Until the Divorce Decree is granted, it is best to avoid dating. The easiest way to turn an uncontested divorce into a contested divorce is for your spouse to believe that you have been dating. Your personal conduct, both before and after the date of separation, through the date of divorce is subject to being questioned, in great detail and at length. Please therefore be careful how you act during this time because your conduct may ultimately become public news both on deposition and on trial.

During the divorce proceeding, do not transfer, hide or conceal any of your property or money or threaten to do so. Do not purchase any major or expensive items without consultation with your attorney. If you, for instance, buy a car or other major consumer item before the divorce is granted, the car becomes community property, and half of it belongs to your spouse. The same is true if you take out an earnest money contract on a house prior to the finalization of the divorce.

Both parties will find that a divorce is expensive and it is more expensive to maintain two separate households than one household. Accordingly, you will have to budget your money and probably reduce expenses.

If a property dispute is expected, obtain copies of all relevant legal papers, insurance policies, titles, certificates of deposit, bank books, cancelled checks, deeds, notes, deeds of trust, pension, profit sharing plans, payroll check stubs, contracts and any other documents that might have any bearing on any and all property you and your spouse own and bring them to my office so that I can review them and properly advise you.