What Happens During the Divorce Process

Divorce is more than signing a few papers and living separately. It is a major life event that significantly affects your finances, property, and family life for a long time.

“It is tangled up with legal rules and a lot of emotion. When people know what is coming, they are more likely to make smart choices instead of acting out of anger,” says Texas family law attorney  Matt Towson of Towson Law Firm, PLLC.

This guide walks through the divorce process in Texas in a step-by-step manner to help you understand what is happening as you go through a divorce.

Filing the Original Petition for Divorce 

Divorce in Texas begins when a spouse files an Original Petition for Divorce in the district court. This is the formal way of notifying the court of the dissolution of the marriage. The spouse filing the petition is called the petitioner, and the other spouse is called the respondent.

Texas has basic residency requirements: one spouse must have been in Texas for 6 months and in the county for 90 days. Once the paperwork is filed, the petitioner serves the other spouse. From this point, the process starts, and deadlines begin to tick away.

Serving the Papers 

After you file for divorce, the next step is serving your spouse. There is no getting around this. Texas law requires them to be done through legal means, such as by a sheriff, constable, or process server. 

When your spouse receives these divorce papers, they then have 20 days and the next Monday to send a written response to the court. If they fail to do this, the court will simply proceed to grant you what you want. However, if they do respond, the negotiating process begins. Negotiating means that you, along with your spouse, begin to discuss property, custody, and all of the financial issues.

Temporary Orders, Discovery, and Negotiation

Now that the divorce petition is filed and both sides have responded, it is time for the court to get involved and lay down some basic guidelines. Temporary orders ensure that nothing gets out of hand, like who gets to stay in the home, who pays which bills, and how the children will be split between parents.

With that out of the way, it is time for discovery. Here, both spouses lay down their cards and reveal all of their financial information, debts, and other details. After that, it is time for negotiation.

Lawyers or mediators get involved here and pressure both spouses to come to an agreement that is fair to both. If everyone is honest and forthcoming with information, it is possible to avoid a trial.

Finalizing the Divorce in Court

If negotiations are successful, the settlement will be reviewed by the court to ensure it complies with all Texas laws and is in the best interests of any children who may be involved. If they cannot agree, the case goes to trial, and a judge makes the final calls after hearing both sides.

After everything has been approved, the judge will then sign the Final Decree of Divorce, which will officially end the marriage and make the terms set in stone. Each party must abide by the terms set in the divorce, but they also have the option to appeal.

Working with a Divorce Lawyer 

At first glance, family law in Texas is simple, but things get complicated quickly, especially when property or children are involved. That is when you need a lawyer.

A good lawyer has your back, keeps the paperwork in order, ensures you meet every deadline, and prevents you from signing something you may regret in the future.

When you are looking for a divorce lawyer, you want someone who actually knows the law in Texas and can explain it in a language you understand. You want someone who is honest about the costs and who is professional from beginning to end.