Going through a divorce can be a difficult and stressful experience. If you are going through a divorce in Texas, there are certain things you should expect throughout the process. In this article, we will discuss the steps of a divorce in Texas and what you can expect at each stage.
Step 1: Filing for Divorce
The first step in a Texas divorce is filing an Original Petition for Divorce with the district clerk. The petition includes the names of the parties, the date of marriage, any children, and the grounds for divorce. Most Texas divorces are filed on the no-fault ground of insupportability, meaning the marriage has become insupportable because of discord or conflict of personalities. Texas also recognizes fault grounds: cruelty, adultery, felony conviction, abandonment, living apart for three years, and confinement in a mental hospital. Texas requires a 60-day waiting period from the date of filing before a divorce can be granted.
Step 2: Service of Process
Once the petition is filed, the other spouse must be served, usually by a constable or process server, unless that spouse signs a waiver of service. In Texas, the deadline to file a written answer is 10:00 a.m. on the Monday after 20 days have passed since you were served. If no answer is filed by then, the other side may be able to ask for a default judgment.
Step 3: Temporary Orders
If the parties have children or there are issues of property or debt to be addressed, either party may file a motion for temporary orders. Temporary orders are designed to address issues that need to be resolved while the divorce is pending. These can include issues such as child custody, child support, and the use and possession of property.
Step 4: Discovery
Discovery is the process of gathering information about the other party's income, assets, debts and other relevant facts. Texas rules require certain initial disclosures, and parties can also use written questions, document requests and depositions. Not every case needs depositions.
Step 5: Mediation
Mediation is a session where the parties meet with a neutral mediator to try to resolve remaining disputes. Texas courts commonly order mediation before a contested final trial. What is said in mediation is generally confidential, and a signed mediated settlement agreement is binding.
Step 6: Final Trial
If the parties are unable to reach a settlement, the case will proceed to trial. At trial, both parties will present evidence and testify. The judge will then make a ruling on all issues in the case, including issues of property, debt, and child custody.
Step 7: Final Decree of Divorce
Once the judge has made a ruling, the court will enter a final decree of divorce. This is a legal document that officially ends the marriage.
A divorce in Texas can be a complicated process, and it is important to have a good understanding of the steps involved. It is also important to have an experienced attorney to guide you through the process and to protect your rights. If you are going through a divorce in Texas, it is important to be prepared for the process and to understand what to expect at each stage.
Have questions about your situation? Talk with a San Marcos divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.
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This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.