What Is the Divorce Process in Texas?
The divorce process is comprised of many different phases and it is important to understand each step fully to obtain the best available resolution. The approach to each phase of a divorce will vary because not everyone’s circumstances are the same. Some divorces will take longer than other, so it is important as a client to enter the process without having a set deadline for the divorce to be final.
The first step of the process is filing the divorce petition with the district clerk in the proper county. The petition will be given to your spouse by service of process. Service of process can be done in several ways and is required by law. Once your spouse receives a copy of the petition, they will have 20 days to respond. At this time you and your spouse will begin the information gathering process. You and your spouse will have to report important finances, real property, and other items that were acquired during the marriage. Once the information has been gathered, the next step is to work towards settling on how the marital assets will be distributed.
Depending on the circumstances of your case, you and your spouse may enter into temporary orders that will dictate how your property, children, and debts will be handled during the divorce process. You and your spouse can agree to a set of temporary orders or a judge can grant temporary orders.
As the process continues, you and your spouse will work towards dividing the assets and liabilities incurred during the marriage. The settlement process can be achieved through mediation or a collaborative law session. If an agreement cannot be reached, the next step would be trial.
Once all the issues have been resolved between you and your spouse, either by mutual agreement or trial, a divorce decree will be issued. The divorce decree sets out how everything from the marriage will be divided and will also include conservatorship and child support information if children were born of the marriage. The court will issue rulings on the case which becomes enforceable to all parties involved.
For a more detailed summary of what you’ll experience during your own divorce, contact a lawyer at our Texas office.