Process of Filing for Divorce

Process of Obtaining a Divorce

After filing a divorce petition in Texas, the petitioner must serve the respondent unless the respondent signs a waiver of service. It's also possible to request that the court issue a temporary restraining order to prohibit either spouse from incurring debt, spending money, selling assets, or engaging in harassing or threatening behavior. If granted, a hearing will be scheduled within fourteen days, and the court may issue a temporary injunction against both spouses. To navigate these proceedings, it's recommended to consult with an experienced divorce lawyer.

Uncontested divorces, in which the couple agrees on issues such as the division of property, child custody, and child and spousal support, are rare. Typically, divorces are contested, and the respondent must file an answer to the petition within twenty days of being served. If the respondent doesn't file an answer, a default judgment can be entered against them. The parties then exchange information about assets, debt, expenses, income, and other relevant information. If disputes remain unresolved, they may be ordered to attend mediation. If mediation fails, a trial will be scheduled. The judge's decision, set forth in a final divorce decree, provides the terms of the divorce, including provisions for child custody, child support, and spousal maintenance.

After filing for divorce, Texas law requires a mandatory sixty-day waiting period before issuing a final divorce decree. This waiting period starts on the date the petition was filed. Even after the divorce is finalized, neither spouse can remarry until thirty-one days after the final decree has been filed.

Speak with an Experienced Divorce Attorney

It is important for individuals who are going through a divorce to have a clear understanding of the legal process and take steps to protect their rights. At Wilson Whitaker Rynell, our experienced lawyers can provide you with the legal support and guidance you need to navigate the complexities of divorce proceedings. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.