If you are considering or currently going through a divorce in Texas, understanding the legal process can help you navigate this challenging time with confidence. Divorce involves several procedural steps, including filing pleadings, temporary orders, exchanging financial information, attending hearings, mediation, and possibly going to trial. This guide breaks down what you can expect during each stage of the Texas divorce process and provides insights to help you prepare.
Starting the Divorce Process
The divorce process begins when one spouse (the petitioner) files an Original Petition for Divorce in the district court of the county where either spouse resides. In Texas, at least one spouse must have lived in the state for six months and in the county of filing for at least 90 days.
Grounds for Divorce
Texas allows for both no-fault and fault-based divorces. In a no-fault divorce, the grounds are typically “insupportability,” meaning the marriage has become insupportable due to conflict or discord. Fault-based grounds can include adultery, cruelty, abandonment, felony conviction, or living apart for three years.
Serving the Divorce Papers
Service of Process
Once the petition is filed, the petitioner must legally notify the other spouse (the respondent) by serving the divorce papers. This is typically done by a process server, constable, or sheriff. The respondent then has 20 days plus the following Monday to file a formal response, known as an Answer.
Respondent’s Options
- File an Answer: The respondent can agree or disagree with the claims in the petition.
- File a Counterpetition: If the respondent has their own claims for relief (e.g., property division, child custody), they can file a counterpetition.
Failure to respond within the required timeframe can result in a default judgment against the respondent.
Temporary Orders
Why Temporary Orders Matter
Divorce cases can take months or even years to resolve. To address immediate issues during the process, either party can request a hearing for Temporary Orders. These orders establish temporary arrangements for:
- Child Custody and Visitation
- Child Support
- Spousal Support
- Use of the Marital Home
- Payment of Bills and Debts
In many cases, attorneys for the petitioner and respondent can negotiate temporary orders and file agreed-upon temporary Orders with the court. These orders are enforceable by the court until the divorce is finalized or other Temporary Order provisions are agreed to in writing.
Temporary Orders Hearing
If temporary orders cannot be agreed upon, then a hearing is often necessary. At the temporary orders hearing, both parties present evidence and testimony to the judge. The orders issued will remain in effect until the divorce is finalized or until the court modifies them.
Exchange of Financial Information (Discovery)
What is Discovery?
Discovery is the process where both parties exchange information relevant to the divorce. This ensures full transparency and helps the court make fair decisions regarding property division, child support, and spousal maintenance. In Texas, there is a presumption against the payment of spousal support, which must be rebutted (overcome) by evidence presented to the party seeking that relief.
Types of Discovery
- Inventory and Appraisement: A detailed list of all assets, debts, income, and expenses.
- Requests for Production: Requests for documents like bank statements, tax returns, and pay stubs.
- Interrogatories: Written questions that must be answered under oath.
- Depositions: Oral testimony taken outside of court, recorded by a court reporter.
Why Financial Disclosure is Crucial
Providing complete and accurate financial information is essential. Failure to do so can result in sanctions, fines, or unfavorable rulings.
Settlement Negotiations and Mediation
Attempting Settlement
Before going to trial, parties often attempt to resolve their issues through negotiation or mediation. Settlement is typically faster, less stressful, and more cost-effective than a trial.
What is Mediation?
Mediation is a structured process where a neutral third party (the mediator) helps the spouses reach an agreement on contested issues like:
- Child Custody and Visitation
- Division of Property and Debts
- Spousal Maintenance
Benefits of Mediation
- Control: Both parties have a say in the outcome.
- Confidentiality: Mediation discussions are private.
- Efficiency: Mediation can resolve disputes faster than a trial.
If mediation is successful, the terms are put into a Mediated Settlement Agreement (MSA), which becomes part of the final divorce decree.
Preparing for Trial
When Settlement Fails
If mediation or negotiations fail, the case proceeds to trial. In Texas, divorce trials can be decided by a judge (bench trial) or a jury (jury trial). While most divorce cases are resolved before trial, it’s essential to be prepared.
What to Expect at Trial
- Opening Statements: Both parties’ attorneys outline their cases.
- Presentation of Evidence: Testimony, documents, and expert witnesses are presented.
- Cross-Examination: Each side can question the other’s witnesses.
- Closing Arguments: Attorneys summarize their positions.
- Judge or Jury Decision: The court issues a ruling on all contested issues.
Trial Duration and Costs
Trials can be time-consuming and expensive. Legal fees, court costs, and expert witness fees can add up quickly. This is why many couples prefer to settle out of court.
Finalizing the Divorce
Final Decree of Divorce
Once all issues are resolved, the judge signs the Final Decree of Divorce, which includes:
- Property Division
- Child Custody and Visitation
- Child Support
- Spousal Maintenance
The decree is the official court order that legally ends the marriage.
Post-Divorce Considerations
After the divorce is finalized, you may need to:
- Update Legal Documents: Wills, insurance policies, and beneficiary designations.
- Modify Orders: Child support or custody orders can be modified if circumstances change.
Conclusion
Navigating a divorce in Texas can be complex, but understanding the key steps—from filing pleadings to attending hearings, mediation, and possible trial—can help you feel more in control. Working with an experienced Texas divorce lawyer will ensure your rights are protected throughout the process.
If you need legal advice or representation for your divorce, contact our office today. We are here to guide you every step of the way.