Basic Steps to Filing a Texas Sized Divorce

Your filed and stamped Original Petition for Divorce must be personally served on the Respondent, your spouse. This gives them legal notice of the divorce and provides them time to respond to the divorce. A response, such as an answer or Counter Petition for Divorce, must be filed on or before 10:00 a.m. on the first Monday after the expiration of 20 days after the date of service. If you must serve by publication because your spouse cannot be located, his or her answer is due by 10:00 a.m. on the first Monday after the expiration of 42 days after the issuance of citation. With any luck, your spouse will sign a waiver of service of process making it simpler to get him or her on notice of your suit. 

Temporary Orders Hearing

Along with the petition for divorce, or counter petition, one or both spouses may request a temporary orders hearing. A temporary orders hearing is designed to allow the court to issue temporary orders to protect a spouse, children, as well as to preserve assets. Often a court will determine who will live in the marital residence for the duration of the divorce; however, sometimes, for the sake of the children, the parents are rotated in and out of the house (e.g. one of both parents share the home as it it we're a split custody of the home.) Temporary orders will determine temporary custody and visitation of the children. 

Fact Finding And The Divorce Discovery Process

After temporary orders are provided by the court or the parties have reached a temporary agreement, either party may participate in the discovery process. The discovery process allows each party to ask questions and discover evidence related to personal property, community property, separate property, and generally any relevant issue necessary to prove your case or defend yourself. These types of discovery include the following:

• Request for Production: Commands the other party to produce certain relevant requested documents;
• Request for Interrogatories: Directs the other party to answer in writing certain relevant questions;
• Request for Admissions: Directs the other party to admit or deny certain relevant yes or no questions; and
• Written Disclosures: Commands the other party to produce a list of potential witnesses and a statement of the general facts of the case.

Divorce Trial On The Merits

Although a divorce can happen within sixty (60) days from the date of filing the original petition for divorce, most cases take a year or more to reach final trial. A final decision in a divorce requires a final hearing in front of a judge and, in some cases, a jury. Both parties bring forth evidence found in the discovery process to prove their case. These decisions and evidence often include, but are not limited to, property distribution, debt distribution, spousal support, child support, and child custody arrangements. When the divorce is uncontested and the parties have reached an agreement, the petitioner or respondent may not need to be present at the final hearing. 

The Final Divorce Decree

Ultimately, a divorce decree is either drafted based on the parties agreement or based on the outcome of a trial. This divorce decree reflects all the resolutions resulting from the court process as to property distribution, debt distribution, spousal support, child support, child custody arrangements, and often more. Once the judge signs the divorce decree, you are officially divorced but cannot remarry in Texas for at least thirty (30) days following the signing of the divorce decree. Our Dallas divorce attorneys are ready to assist you in child custody litigation and can aggressively defend your legal rights. For an additional review of the Texas divorce process see our Overview of the Texas Divorce Process.